Terms of Service

OPENTRAIN AI TERMS OF SERVICE
Last Updated: January 29, 2026

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION
PLEASE READ SECTION 21 (ARBITRATION AND CLASS ACTION WAIVER) CAREFULLY. IT MAY REQUIRE YOU AND OPENTRAIN TO RESOLVE CERTAIN DISPUTES THROUGH BINDING, FINAL ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT. IT ALSO CONTAINS A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. WHERE PERMITTED BY LAW, YOU CAN OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS IN SECTION 21.10.

This Terms of Service Agreement (the “Terms”) is a legally binding contract between you and OpenTrain AI (“OpenTrain,” “we,” “us,” or “our”). These Terms govern your access to and use of our websites, applications, and related services, including our talent marketplace, vendor marketplace, and managed services offering (collectively, the “Services”).

If you do not agree to these Terms, you may not access or use the Services.

1. DEFINITIONS

For purposes of these Terms:

1.1 “Account” means the user account you create to access the Services.

1.2 “Client” means a user or organization seeking to source, hire, manage, or pay Talent or Vendors through the Services, including employers and project owners.

1.3 “Talent” means independent professionals, including freelancers, AI trainers, data labelers, reviewers, evaluators, and other specialists who apply for, perform, or deliver services for Clients.

1.4 “Vendor” means a data labeling company, agency, BPO, or services provider that offers managed or outsourced services to Clients.

1.5 “Project” means a job posting, engagement, task, statement of work, or similar scope created on or through the Services.

1.6 “Service Contract” means an agreement for services between a Client and Talent or between a Client and a Vendor. Unless the parties enter into a separate written agreement, the Service Contract consists of (a) the terms agreed between the parties through the Services (for example, scope, rate, milestones, acceptance criteria) and (b) the default Service Contract terms in Section 7 (if applicable).

1.7 “Content” means text, data, software, code, files, images, audio, video, prompts, instructions, labels, evaluations, messages, reviews, and other materials.

1.8 “User Content” means Content that a user submits, uploads, publishes, transmits, or otherwise makes available through the Services.

1.9 “Client Content” means Content a Client provides or makes available for a Project, including datasets, documents, prompts, reference materials, and instructions.

1.10 “Work Product” means deliverables created for a Project, including annotations, labels, evaluations, rankings, transcriptions, analyses, code, documentation, or other outputs.

1.11 “Fees” means amounts charged by OpenTrain for use of the Services, including platform fees, service fees, subscriptions, managed service fees, and any other fees described in the Services or in supplemental terms.

1.12 “Payment Processor” means a third-party payments provider used to process payments and payouts in connection with the Services (for example, Stripe or similar providers).

1.13 “Introduced User” means a user (Talent, Vendor, or Client) that you first identified, contacted, received contact details for, or engaged through the Services, or where the Services materially contributed to the introduction (including via a job post, application, shortlist, message thread, or onboarding workflow).

1.14 “Circumvention” means any attempt to avoid OpenTrain Fees or required payment workflows for an engagement with an Introduced User, including by moving contracting, invoicing, payments, or paid work coordination off the Services without OpenTrain’s written permission or a published opt-out mechanism.

1.15 “Tail Period” means the period beginning on the start date of an engagement initiated through the Services with an Introduced User and continuing for the duration of such engagement and for the period specified in Section 6.5(c).

1.16 “Affiliate” means any entity that controls, is controlled by, or is under common control with a party, where “control” means the power to direct management or policies, whether by ownership, contract, or otherwise.

1.17 “Competing Platform” means any marketplace, platform, or service that recruits, sources, matches, manages, or pays independent contractors, freelancers, AI trainers, data labelers, evaluators, or similar workers for third-party projects, or otherwise competes with OpenTrain’s marketplace or managed services.

2. ACCEPTANCE OF TERMS AND ADDITIONAL POLICIES

2.1 Acceptance. By accessing or using the Services, creating an Account, clicking “I agree,” or otherwise indicating acceptance, you agree to be bound by these Terms.

2.2 Additional Policies and Supplemental Terms. These Terms incorporate by reference our Privacy Policy and any additional policies, guidelines, or supplemental terms we post or make available through the Services (for example, payment terms, community guidelines, acceptable use rules, dispute procedures, and managed service terms). If supplemental terms conflict with these Terms, the supplemental terms control for the subject matter they cover.

2.3 Business Accounts and Authority. If you use the Services on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity, and “you” includes that entity.

2.4 Separate Agreements. If you have a separate written agreement with OpenTrain (for example, an enterprise services agreement, statement of work, or managed services agreement), that agreement may supersede or supplement these Terms as specified in that agreement.

3. ELIGIBILITY

3.1 Age. You must be at least 18 years old to use the Services.

3.2 Legal Capacity. You must be capable of entering into a legally binding contract.

3.3 Compliance. You may not use the Services if you are prohibited from doing so under applicable law, including export control or sanctions laws.

4. ACCOUNT REGISTRATION, SECURITY, AND VERIFICATION

4.1 Accurate Information. You agree to provide accurate, complete, and up-to-date information and to keep it current.

4.2 Account Credentials. You are responsible for safeguarding your login credentials and for all activity that occurs under your Account. Notify us promptly if you suspect unauthorized access.

4.3 Identity, Business, and Compliance Verification. We may require or perform identity verification, business verification, risk screening, or compliance checks (including through third-party providers) to protect the Services, comply with law, and prevent fraud. You agree to provide information and documentation reasonably requested for these purposes.

4.4 Multiple Accounts. We may limit or prohibit multiple Accounts per person or entity, and we may merge or suspend Accounts we believe are duplicative, deceptive, or used for abuse.

4.5 Account Restrictions and Holds. We may restrict Accounts, limit transactions, delay payouts, or place holds to address risk, suspected fraud, disputes, legal requirements, or compliance obligations.

5. THE OPENTRAIN MARKETPLACE AND OUR ROLE

5.1 Marketplace Platform. OpenTrain provides a platform to facilitate connections among Clients, Talent, and Vendors, including tools for job postings, applications, proposals, messaging, onboarding coordination, payments, and project operations.

5.2 Not a Party to Service Contracts. Unless explicitly stated in a separate written agreement, OpenTrain is not a party to any Service Contract between Clients and Talent or between Clients and Vendors. Clients, Talent, and Vendors are solely responsible for their agreements, performance, deliverables, and compliance.

5.3 No Employment Relationship. OpenTrain does not employ Talent. Talent and Vendors are independent contractors or separate businesses. OpenTrain does not control how Talent or Vendors perform work and does not guarantee any minimum amount of work, income, or engagement.

5.4 Worker Classification. Clients are solely responsible for determining whether Talent should be engaged as independent contractors, employees, or otherwise, and for complying with all laws related to worker classification, wages, taxes, benefits, and insurance. OpenTrain does not provide legal, tax, or employment advice.

5.5 No Agency. OpenTrain is not an agent, representative, or broker of any user, except to the limited extent expressly stated in Section 9 (Payments, Payouts, Fees, and Taxes).

5.6 No Guarantee of Matches or Outcomes. We do not guarantee that a Client will find suitable Talent or Vendors, that Talent will be selected, or that any Project will be completed successfully.

6. USER OBLIGATIONS AND MARKETPLACE RULES

6.1 General Conduct. You agree to use the Services lawfully and responsibly.

6.2 Professional Conduct and Non-Discrimination. You agree to treat other users with respect. You may not harass, threaten, or abuse others. You may not use the Services to engage in unlawful discrimination or to request discriminatory work that violates applicable law.

6.3 Accurate Listings and Proposals.
(a) Clients must provide accurate job postings, requirements, budgets, and material project constraints.
(b) Talent and Vendors must provide accurate profiles, qualifications, and proposals.

6.4 Communications. You agree that communications on the Services may be monitored, reviewed, and retained for safety, compliance, support, and quality purposes, as described in our Privacy Policy.

6.5 Off-Platform Payments and Circumvention.

(a) Introduced Users and On-Platform Requirement. Except where OpenTrain expressly permits it in writing or through a published opt-out mechanism, you may not, directly or indirectly (including through any Affiliate, subcontractor, agent, or other third party), use the Services to identify, source, recruit, engage, or communicate with an Introduced User and then contract with, invoice, pay, or receive payment from that Introduced User outside the Services.

(b) Follow-On Engagements Covered. The restriction in this Section 6.5 applies not only to the initial Project, but also to any follow-on paid engagements or opportunities with the same Introduced User that arise from, relate to, or are enabled by the introduction through the Services.

(c) Tail Period. Unless OpenTrain expressly permits otherwise in writing, this Section 6.5 applies during the term of any engagement initiated through the Services with an Introduced User and throughout the Tail Period, which continues for twenty-four (24) months after the later of:
(i) your last communication with that Introduced User through the Services, or
(ii) your last payment to or from that Introduced User for an engagement initiated through the Services.

(d) No Solicitation to Bypass. You may not, directly or indirectly, request, suggest, encourage, require, or facilitate that an Introduced User (or any other user) accept or make payment outside the Services for an engagement covered by this Section 6.5, including by directing them to sign up to your own website or platform for further paid opportunities.

(e) Permitted Use of Third-Party Tools. This Section 6.5 does not prohibit using third-party tools (for example, email, Slack, Zoom, or external work tools) to perform a Project, provided that contracting and payment requirements under these Terms are satisfied and OpenTrain Fees are not avoided.

(f) Pre-Existing Relationships. This Section 6.5 does not apply where you can demonstrate a bona fide, pre-existing business relationship with the other user that existed prior to the first interaction through the Services.

(g) Consequences. Circumvention is a material breach of these Terms and may result in suspension, termination, forfeiture of access to certain features, and other remedies.

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6.6 Restricted Data and Security Obligations.
(a) You must comply with reasonable security and confidentiality instructions for each Project.
(b) You may not upload, share, or request Client Content that you do not have the right to use or disclose.
(c) Unless explicitly authorized in writing and subject to appropriate safeguards, you should not upload or request: sensitive personal data, financial account credentials, government identifiers, regulated health information (including PHI), or other highly sensitive data.

6.7 Prohibited Projects and Use Cases. Without limiting Section 14, you may not use the Services to:
(a) violate law or infringe rights;
(b) facilitate fraud, deception, or scams;
(c) request or provide instructions for wrongdoing;
(d) create or distribute malicious code, exploits, or unauthorized access tools;
(e) process data in violation of privacy, confidentiality, or data protection obligations.

7. DEFAULT SERVICE CONTRACT TERMS (CLIENTS, TALENT, AND VENDORS)

This Section 7 applies only if the parties do not have a separate written agreement governing their relationship. If the parties have a separate agreement, that agreement controls.

7.1 Formation. A Service Contract forms when a Client and Talent (or Vendor) mutually agree through the Services to an engagement, including scope and payment terms.

7.2 Independent Contractor Relationship.
(a) Talent and Vendors perform services as independent contractors.
(b) Nothing creates an employment relationship, partnership, joint venture, or agency between a Client and Talent/Vendor, or between OpenTrain and any user.

7.3 Scope and Deliverables. The parties are responsible for defining scope, deliverables, acceptance criteria, timelines, and change processes.

7.4 Client Responsibilities. Clients are responsible for:
(a) providing accurate instructions and necessary access;
(b) ensuring they have rights to provide Client Content;
(c) complying with law regarding the data and work requested;
(d) providing timely feedback and acceptance/rejection decisions.

7.5 Talent/Vendor Responsibilities. Talent and Vendors are responsible for:
(a) performing services professionally and in accordance with the agreed scope;
(b) delivering Work Product consistent with the agreed requirements;
(c) maintaining confidentiality of Client Content and any non-public information received;
(d) complying with all applicable laws and tool/platform rules used for the Project.

7.6 Confidentiality.
(a) “Confidential Information” includes non-public information disclosed by one party to the other in connection with a Project, including Client Content and business information.
(b) The receiving party must use Confidential Information only to perform the Project and must protect it using reasonable care.
(c) Confidentiality obligations do not apply to information that is publicly available without breach, independently developed, or rightfully obtained from a third party without restriction.

7.7 Work Product Ownership and IP Assignment.
(a) As between Client and Talent/Vendor, and subject to full payment of all amounts due, Talent/Vendor assigns to Client all right, title, and interest in and to Work Product created specifically for the Client under the Service Contract, including all intellectual property rights, to the extent permitted by law.
(b) If any Work Product does not automatically vest in the Client, Talent/Vendor agrees to execute additional documents reasonably necessary to effect the assignment.
(c) Talent/Vendor retains ownership of pre-existing materials, tools, templates, know-how, and general skills (“Background IP”), but grants the Client a perpetual, worldwide, royalty-free license to use any Background IP incorporated into the Work Product solely as necessary to use the Work Product.
(d) Moral Rights. To the extent permitted by law, Talent/Vendor waives and agrees not to assert moral rights in the Work Product.

7.8 Warranties Between Users.
(a) Talent/Vendor represents that they have the right to provide the Work Product and that, to their knowledge, it does not infringe third-party rights.
(b) Except as expressly stated, the parties disclaim all warranties between themselves, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7.9 Disputes Between Users. Users should first attempt to resolve disputes directly. OpenTrain may provide dispute tools or mediation support, but OpenTrain is not required to do so and does not guarantee outcomes.

8. MANAGED SERVICES

8.1 Managed Services Overview. OpenTrain may offer managed services where OpenTrain coordinates sourcing, onboarding, project operations, QA, and related support for Clients.

8.2 Separate Terms. Managed services may be governed by a separate statement of work, order form, or managed services agreement. If provided, those terms control for managed services.

8.3 Client Responsibilities. Managed service Clients remain responsible for:
(a) the lawfulness of their requested work;
(b) rights to Client Content;
(c) compliance with data protection requirements applicable to their Projects;
(d) decisions regarding deployment and use of outputs.

8.4 Third Parties. Managed services may involve third-party contractors or Vendors. OpenTrain may coordinate access and workflows, but the underlying work may be performed by independent parties.

9. PAYMENTS, PAYOUTS, FEES, AND TAXES

9.1 Payment Processing. Payments and payouts are processed through Payment Processors. OpenTrain currently uses Stripe (including, where applicable, Stripe Connect) as a Payment Processor, and may add or change Payment Processors from time to time. Your use of payment features is subject to the Payment Processor’s terms and policies.

9.1A Limited Payment Collection Agent. Where OpenTrain enables payment collection and payout functionality, you acknowledge and agree that OpenTrain acts as a limited payment collection agent for Talent and Vendors solely for the purpose of accepting payments from Clients and transmitting such payments to Talent or Vendors, less applicable Fees, taxes, and adjustments. A Client’s payment obligation to Talent or Vendors is satisfied upon payment to OpenTrain.

9.2 Payment Authorization. By providing a payment method, you authorize OpenTrain and the Payment Processor to charge your payment method for amounts you owe, including Fees, taxes (if applicable), and adjustments (for example, refunds, chargebacks, disputes).

9.3 Fees.
(a) OpenTrain may charge Fees for use of the Services. Fees may include client-side fees, talent-side fees, vendor-side fees, subscriptions, managed service fees, or payment processing fees.
(b) The applicable Fees will be disclosed in the Services, pricing pages, or supplemental terms.
(c) Fee Changes. We may change Fees by posting updated terms in the Services. Changes apply prospectively as stated.
(d) Self-Serve Marketplace Fees. For self-serve marketplace Projects where OpenTrain processes payment, Clients pay (i) amounts due to Talent/Vendors under the Service Contract, and (ii) OpenTrain Fees disclosed in-product and/or on our pricing pages at the time of payment (for example, a platform fee calculated as a percentage of Talent/Vendor payments), plus any applicable taxes and payment processing charges as disclosed.

9.4 Invoicing, Milestones, and Acceptance. If the Services support milestones, hourly logs, or deliverable approval, the parties agree to use the applicable in-product workflows to submit, review, and accept Work Product.

9.5 Escrow or Pre-Funding (If Offered). If the Services include escrow or pre-funding features, the parties agree that funds may be held and released according to the applicable in-product rules and dispute processes.

9.6 Holds, Reviews, and Reversals. We may delay, hold, or reverse payments or payouts where reasonably necessary for fraud prevention, compliance, dispute resolution, chargebacks, legal requirements, or risk management.

9.7 Chargebacks. If a Client initiates a chargeback or payment reversal, we may suspend the Client Account, investigate, and seek recovery of amounts owed. You agree to cooperate with chargeback investigations.

9.8 Taxes.
(a) Users are responsible for determining and fulfilling their own tax obligations, including reporting income and paying applicable taxes.
(b) We may collect tax information or forms where required by law or by Payment Processors.
(c) We may withhold taxes or report payments as required by law.

9.9 Refunds. Unless required by law or expressly stated in a separate policy, OpenTrain Fees are non-refundable. Disputes about Work Product quality or scope are primarily between the parties to the Service Contract.

9.10 No Financial Advice. OpenTrain does not provide financial advice, tax advice, or accounting advice.

10. USER CONTENT, REVIEWS, AND PLATFORM CONTENT

10.1 Your Content. You retain ownership of your User Content as between you and OpenTrain, subject to the licenses you grant below and any Service Contract terms.

10.2 License to OpenTrain. You grant OpenTrain a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify (for formatting and technical processing), display, distribute, and otherwise use your User Content as necessary to operate, provide, secure, and improve the Services and to enforce these Terms.

10.3 Feedback. If you submit feedback or suggestions, you grant OpenTrain a perpetual, irrevocable, worldwide, royalty-free right to use them for any purpose without compensation.

10.4 Reviews and Ratings. Users may provide reviews and ratings. You agree that reviews must be accurate to the best of your knowledge and not unlawful, defamatory, or misleading. We may remove reviews at our discretion.

10.5 Platform Content. The Services, including software, design, text, graphics, logos, and proprietary content (excluding User Content), are owned by OpenTrain or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the Services except as permitted by law.

11. COPYRIGHT AND IP COMPLAINTS (DMCA)

11.1 Policy. We respond to notices of alleged copyright infringement consistent with applicable law. We may remove or disable access to allegedly infringing content and may terminate repeat infringers.

11.2 Notices. If you believe content infringes your copyright, you may send a notice to our designated agent at:
Email: dmca@opentrain.ai

11.3 Counter-Notices. If your content was removed in error, you may submit a counter-notice as permitted by law.

12. THIRD-PARTY SERVICES AND INTEGRATIONS

12.1 Third-Party Tools. Projects may require use of third-party platforms (for example, annotation tools, repositories, file storage, or communication tools). Those third parties have their own terms and privacy policies. OpenTrain is not responsible for third-party services.

12.2 Links. The Services may contain links to third-party sites. OpenTrain does not endorse and is not responsible for those sites.

13. PRIVACY

Our Privacy Policy describes how we collect, use, and share information. By using the Services, you acknowledge that you have read and understand our Privacy Policy.

14. PROHIBITED CONDUCT

You may not, and may not assist others to:

14.1 Use the Services for illegal activities or to violate any applicable law.

14.2 Post or transmit content that is unlawful, harmful, threatening, abusive, harassing, hateful, discriminatory, or otherwise objectionable.

14.3 Misrepresent your identity, qualifications, affiliation, or intent.

14.4 Circumvent or attempt to circumvent the Services, Fees, payment flows, or safety controls.

14.5 Engage in scraping, harvesting, or automated data collection without our prior written consent.

14.6 Interfere with security features, attempt unauthorized access, introduce malware, or disrupt the Services.

14.7 Infringe or violate third-party rights, including intellectual property, privacy, and confidentiality rights.

14.8 Share personal data of others without lawful basis or permission.

14.9 Competitive Use. You may not use the Services on behalf of, or for the benefit of, any Competing Platform to recruit, solicit, convert, or otherwise transition OpenTrain users to a Competing Platform, or to build, benchmark, or operate a Competing Platform, except where OpenTrain expressly permits it in writing under a separate partnership or referral agreement.

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15. SUSPENSION AND TERMINATION

15.1 Termination by You. You may stop using the Services at any time. You may request Account closure subject to outstanding obligations.

15.2 Suspension or Termination by OpenTrain. We may suspend or terminate your Account or access to the Services at any time if we reasonably believe you violated these Terms, created risk, engaged in fraud, violated law, or harmed the Services or other users.

15.3 Effect of Termination. Upon termination, you must stop using the Services. Sections that by their nature should survive termination will survive, including payment obligations, ownership, licenses, disclaimers, limitations of liability, indemnification, and dispute resolution.

16. DISCLAIMERS

16.1 AS-IS. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENTRAIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

16.2 NO GUARANTEE OF RESULTS. OPENTRAIN DOES NOT GUARANTEE PROJECT OUTCOMES, PAYMENT OUTCOMES, OR THAT USERS WILL FIND WORK OR HIRE SUCCESSFULLY.

16.3 USER CONTENT AND THIRD-PARTY CONDUCT. OPENTRAIN IS NOT RESPONSIBLE FOR USER CONTENT OR THE CONDUCT OF USERS, CLIENTS, TALENT, OR VENDORS.

17. LIMITATION OF LIABILITY

17.1 LIMITATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENTRAIN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.

17.2 CAP. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENTRAIN’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID TO OPENTRAIN BY YOU IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

17.3 BASIS OF BARGAIN. YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND OPENTRAIN.

18. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless OpenTrain and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your Service Contracts; (d) your violation of these Terms; or (e) your violation of any law or third-party rights.

19. GOVERNING LAW AND VENUE

19.1 Governing Law. These Terms are governed by the laws of the State of California, excluding its conflict of laws rules, except where prohibited by law.

19.2 Venue. Subject to Section 21 (Arbitration), any court proceedings must be brought in the state or federal courts located in San Francisco County, California, and you consent to personal jurisdiction and venue there.

19.3 International Users. If you access the Services from outside the United States, you do so at your own initiative and are responsible for complying with local laws. Nothing in these Terms limits any consumer rights that cannot be waived under applicable law.

20. CHANGES TO THE SERVICES OR TERMS

20.1 Changes to Services. We may modify, suspend, or discontinue all or part of the Services at any time.

20.2 Changes to Terms. We may update these Terms from time to time. We will post the updated Terms and update the “Last Updated” date. If changes are material, we may provide additional notice as required by law. Your continued use of the Services after changes become effective constitutes acceptance.

21. ARBITRATION AND CLASS ACTION WAIVER (DISPUTES WITH OPENTRAIN)

21.1 Scope. This Section applies to disputes between you and OpenTrain arising out of or relating to the Services or these Terms. It does not govern disputes between Clients and Talent/Vendors (which are addressed primarily by the parties and any dispute tools we offer).

21.2 Informal Resolution First. Before starting arbitration, you agree to send a written notice of dispute to OpenTrain at: support@opentrain.ai (or another address we designate). The notice must include your name, Account email, a description of the dispute, and the relief sought. The parties will attempt in good faith to resolve the dispute within 30 days.

21.3 Agreement to Arbitrate. If the dispute is not resolved, and to the extent permitted by law, you and OpenTrain agree to resolve the dispute through binding arbitration on an individual basis.

21.4 Arbitration Provider and Rules. Arbitration will be administered by a recognized arbitration provider (such as AAA or JAMS) under its applicable rules, as modified by these Terms.

21.5 Arbitration Location and Format. The arbitration may be conducted by phone, video, written submissions, or in person in the county where you reside (or another location agreed by the parties), subject to the arbitration provider’s rules.

21.6 Arbitrator Authority. The arbitrator has exclusive authority to resolve disputes relating to the interpretation, enforceability, or formation of this arbitration agreement, except that a court may decide issues regarding the scope or enforceability of the class action waiver.

21.7 Remedies. The arbitrator may award any relief that a court could award on an individual basis.

21.8 Class Action Waiver. YOU AND OPENTRAIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.

21.9 Exceptions. Either party may seek relief in small claims court for eligible claims. Either party may seek injunctive or equitable relief in court for claims related to intellectual property infringement or unauthorized access to the Services.

21.10 Right to Opt Out. You may opt out of arbitration by sending a written notice to OpenTrain within 30 days of the date you first accept these Terms (or within 30 days of a material update to this arbitration provision). The notice must include your name, Account email, and a clear statement that you want to opt out of arbitration. Send the notice to: support@opentrain.ai with subject line “Arbitration Opt-Out.”

21.11 Severability. If any part of this Section 21 is found unenforceable, the remainder will remain in effect, except that if the class action waiver is found unenforceable, this entire Section 21 will be void (to the extent required by law).

22. ELECTRONIC COMMUNICATIONS AND SIGNATURES

You consent to receive communications from OpenTrain electronically, including notices, disclosures, and agreements. You agree that electronic signatures, click-through acceptances, and electronic records satisfy any legal requirements for written communications.

23. MISCELLANEOUS

23.1 Assignment. You may not assign these Terms without OpenTrain’s prior written consent. OpenTrain may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

23.2 Force Majeure. OpenTrain is not liable for delays or failures due to events beyond our reasonable control.

23.3 Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in effect.

23.4 No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

23.5 Entire Agreement. These Terms (and incorporated policies) constitute the entire agreement between you and OpenTrain regarding the Services.

24. CONTACT INFORMATION

OpenTrain AI
Attn: Legal
Email: support@opentrain.ai
General inquiries: contact@opentrain.ai

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