Terms of Service

These Terms of Service (“Terms”) are a binding legal agreement between you and Born Labs, Inc., a Delaware corporation with offices at 183 Madison Ave, Ste 1415, New York, NY 10016, USA (“Onsite,” “Born Labs,” “we,” “us,” or “our”). They govern your access to and use of our website at joinonsite.com and its localized versions, the Onsite partner program for businesses, the individual sign-up and waitlist, the head mount and reimbursement program, our careers pages, and the Onsite mobile application and related services (collectively, the “Service”).

Please read these Terms carefully. Section 20 contains a binding arbitration agreement and a class action waiver that affect your legal rights, including how disputes are resolved. Section 7 grants us a broad license to your recordings and the data derived from them, including for training artificial-intelligence and robotics systems and for licensing datasets to third parties. By submitting a sign-up or partner application, creating an account, tapping “I agree,” or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you may not use the Service.

App terms. The mobile app may be published under the Onsite name or under another Born Labs brand (for example “Reps”) and may present its own terms of use and privacy policy when you create an account. Where the app presents its own terms, those terms govern your use of the app and the earnings you make in it, and these Terms govern the website, the partner program, the head mount and reimbursement program, and the careers pages. In case of conflict regarding use of the app, the terms presented in the app control.

1. Eligibility and where we operate

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and able to form a legally binding contract to use the Service. We currently onboard members and partner businesses in the United States and in the additional countries listed on our website or shown during sign-up (for example Germany, Italy, Spain, Mexico, Argentina, Brazil, France, Poland and Turkey). Availability, supported phones (the app currently requires an iPhone), supported payout methods and rates differ by country and may change. If the Service is not yet available where you live, or for the type of account you request (for example solo operators), we may place you on a waitlist. Waitlist placement is unpaid, is at our discretion and is not a promise that the Service will open in any market or admit any person. By using the Service you represent that you meet these requirements, that the information you provide is accurate, and that you are not barred from using the Service under the laws of any applicable jurisdiction. We may refuse, suspend, or terminate access to anyone at our discretion.

2. The Service; how Onsite works

Onsite lets people record first-person (egocentric) video and audio of everyday work and household tasks such as cleaning, cooking, repairs, laundry, gardening, warehousing, hospitality and similar activities, with their phone held in a head mount, and pays for recordings we accept. The app may also offer additional paid tasks (for example photo, voice, questionnaire or document tasks). Recording starts only when you tap record. You can review a take before you submit it and discard it. Video may upload in chunks while you record so that it is ready to review faster; a take you discard is not used. Uploaded recordings are reviewed by automated systems (including machine-learning and AI-assisted tools) and by human reviewers (including trained personnel of annotation vendors under confidentiality obligations) against our dataset requirements. An accepted recording earns the amount shown for your country and task before you start (for example a fixed amount per accepted recording hour). Earnings accrue as a balance you may withdraw as described in Section 8.

The Service, including rates, dataset requirements, review criteria, features, supported regions and hardware, may change over time. We may add, modify, suspend, or discontinue any part of the Service at any time without liability, to the extent permitted by law. Changes do not apply retroactively to amounts you validly earned before the change.

Estimates are not promises. Earnings calculators, example payouts, “estimated” figures and testimonials on our website are illustrations. Your actual earnings depend on the recordings we accept. Nothing on the website entitles you to any task volume, acceptance rate, rate of pay or amount other than what is credited for accepted recordings under the rates in effect when you recorded.

3. Business partner program

Businesses may apply to partner with Onsite so that their employees or contractors (“Members”) record the work they already do. Where we accept a business:

• the person applying represents and warrants that they have authority to bind the business, and “you” then includes both the business and each individual using the Service under its account;
• the business may invite Members with an invite or company code; a Member may also hold an individual account;
• the share of earnings payable to the business for accepted hours, and anything payable to Members, is set out in the partner agreement and rate card we provide at onboarding. What Members receive from the business is governed solely by the arrangement between the business and its Members. Born Labs is not a party to that arrangement, is not the employer of any Member, and does not determine Members’ wages, hours or working conditions;
• the business is responsible for complying with employment, labor, works-council, data-protection and workplace-monitoring law that applies to asking Members to record at work, including providing all legally required notices to, and obtaining all legally required consents from, Members and other people present on its premises (customers, guests, patients, residents), and complying with all-party consent laws for audio where they apply;
• business owners and administrators can see team activity, acceptance status and amounts credited under the account, and can view recordings made under the business account. The business must tell its Members this before they record;
• the business is responsible for its Members’ compliance with these Terms. If we sign a separate written partner agreement with the business, that agreement controls over these Terms in case of conflict.

Intro calls offered after sign-up are scheduled through a third-party scheduling tool (currently Calendly) and are subject to its terms.

4. Independent relationship; no employment

Your use of the Service to create and submit recordings does not create an employment, agency, partnership, joint venture, or franchise relationship between you and Born Labs. You participate on your own schedule, using your own judgment, without supervision, minimum-hour requirements or guaranteed volume of accepted recordings, and you bear your own costs of participation (phone, data plan, connectivity and, where applicable, the head mount). You are not entitled to employee benefits, workers’ compensation, unemployment insurance or similar protections in connection with the Service. You agree not to represent yourself as an employee, agent or representative of Born Labs.

5. Your account

To use the app you must create an account with your mobile phone number, which we verify by SMS code, or through Sign in with Apple where offered. You may maintain one account only, registered to your own phone number and your own device, and you may not buy, sell, rent, share or transfer your account. You are responsible for the accuracy of your account information, for the confidentiality of your credentials and device, and for all activity under your account. Notify us promptly at support@born.com of any unauthorized use. We may require identity verification through our payment processor before releasing payouts and may require re-verification at any time.

6. Recording rules, consent, and prohibited content

You are solely responsible for your recordings and for the manner and location in which you record. By submitting a recording you represent and warrant that you have the legal right to make and share it, and that you have obtained every consent required by law from any person who appears, is heard, or is otherwise identifiable in the recording. This includes consent required under all-party consent laws (for example in California, Illinois, Florida and other U.S. states) and under the data protection and personality-rights laws of the country where you record (for example the GDPR and national laws in Germany, Italy, Spain, France and Poland, and the applicable laws in Mexico, Brazil, Argentina and Turkey).

You agree that you will not record or submit:

• any person as a subject of the recording — including any bystander, colleague, guest, client, patient or member of your household — who has not given the consent required in your jurisdiction. Where the app asks you to confirm whether bystanders are visible, answer truthfully;
• children or minors, or any person you know or should know to be under 18 (no one may consent on a minor’s behalf for these purposes);
• intimate, sexual, medical or care situations, nudity, or any location where people have a reasonable expectation of privacy (such as bathrooms, changing areas or bedrooms) without proper consent;
• third parties’ confidential, proprietary, financial, health, or personally identifying information (for example screens, documents, mail, payment cards, or ID cards) unless the task asks for your own documents and you keep other people’s information out of frame;
• AI-generated, synthetic, staged, copied or previously submitted material, or content that is unlawful, defamatory, harassing or infringing; or
• content captured through trespass, in violation of a workplace, customer or property policy or recording prohibition, or in violation of any law or contract.

Faces, documents and other sensitive areas are redacted after upload on our servers; except where the app says otherwise, the app does not blur on your device before upload. Automated redaction is designed to remove, but may not detect, every instance of sensitive or identifying content, which is one reason you must keep other people and sensitive information out of your recordings. You may delete recordings and request deletion of your account as described in our Privacy Policy. We may, but are not obligated to, review, screen, reject or remove any recording at our discretion. Submitting content that sexualizes, exploits or endangers a minor results in immediate permanent termination, forfeiture of balances to the extent permitted by law, and referral to the authorities as required by law.

7. License to recordings and derived data

You retain ownership of your recordings. In exchange for the compensation offered through the Service, you grant us the rights below.

Grant. By submitting a recording or other task submission, you grant Born Labs, Inc. and its successors, affiliates, and assigns a perpetual, irrevocable, worldwide, non-exclusive (except as stated below), royalty-free, fully paid-up, transferable, and sublicensable (through multiple tiers) license to host, store, reproduce, modify, redact, adapt, create derivative works from, annotate, label, combine, distribute, publicly perform and display, and otherwise use the recording and all data, features, embeddings, annotations, 3D reconstructions, pose and motion data, and other outputs derived from it (“Derived Data”), for any lawful purpose. This includes, without limitation, developing, training, validating, and improving machine-learning models, foundation models, datasets, and artificial-intelligence and robotics systems, and licensing or selling access to those models, datasets, and Derived Data to third parties of our choosing, including AI research labs, robotics companies, technology companies and other commercial partners. Content is provided to third-party licensees after the redaction and de-identification measures described in our Privacy Policy; that practice is how we currently exercise this license and does not limit its scope.

AI-training exclusivity. With respect to the use of your recordings to develop, train, fine-tune, evaluate or improve machine-learning, artificial-intelligence or robotics systems or datasets, the license you grant is exclusive: you will not submit, license, sell or otherwise make the same or substantially similar recordings available to any other person or service for those purposes. This does not limit your personal, non-commercial use of your own recordings.

Irrevocability for trained models. Once a recording or its Derived Data has been incorporated into a trained model, dataset or other deliverable, that incorporation cannot reasonably be undone. The license with respect to already-created models, datasets and Derived Data survives deletion of the underlying recording and any termination of these Terms. Deletion requests are honored on a going-forward basis as described in the Privacy Policy. You agree that money damages are an adequate remedy for any claim relating to recordings, datasets or models and, to the maximum extent permitted by law, you will not seek injunctive relief that would prevent the operation of the Service or the use of any dataset, model or deliverable already delivered to a licensee or placed into production.

Biometric and likeness rights. Recordings may contain your voice, face, likeness, body pose and movements and other biometric or biometric-derived identifiers. You consent to our collection, use, storage and disclosure of that information as described here and in our Privacy Policy, including its biometric information policy. To the extent permitted by law, you waive any right-of-publicity, privacy or moral-rights claim against us and our licensees arising from the licensed uses.

Your warranty. You represent and warrant that you own or control all rights necessary to grant this license and that you have obtained all consents and releases from every identifiable person in the recording. At our reasonable request and expense you will sign documents reasonably needed to evidence this license, including confirmations requested by dataset licensees or auditors.

8. Earnings, payouts, taxes, and dormant balances

Earnings. Only accepted recordings earn. The amount depends on the rate for your country and task shown before you start, and on the length and quality of the accepted footage. We may decline to accept, may re-review, and may claw back amounts for recordings that do not meet requirements, that are duplicative, or that violate these Terms. If we accept and pay for content and later determine it materially breached Section 6 or 7, the amount paid is refundable and we may deduct it from your balance or future earnings or require repayment. We may set first-upload credits, daily or weekly earning caps, cooldowns, bonuses and multipliers; each is discretionary and may change prospectively at any time.

Withdrawals. Payouts are processed by Stripe through Stripe Connect. By adding a payout method you agree to the Stripe Connected Account Agreement and authorize us to share with Stripe the information required for identity verification and payment processing. Bank account numbers are transmitted directly to Stripe and are not stored by us. Payouts require a verified identity and a supported bank account in your name. We may set minimum withdrawal amounts, an unlock threshold (for example a minimum amount of accepted head-mount footage before the first withdrawal), a daily payout ceiling, a hold after you change your bank account, and a limit of one bank account per member. Timing shown in the app or on the website (for example “weekly” or “2–5 business days”) is a target, not a guarantee; verification, risk review, banking delays or legal requirements may extend it. A bank transfer that has been sent cannot be recalled, so check your payout details before you confirm. Balances are kept in U.S. dollars unless the app shows otherwise; conversion into your local currency and any bank fees are handled by Stripe or your bank at their rates.

Taxes. Amounts we pay are gross of taxes. You are solely responsible for determining, reporting and paying any income, VAT or other taxes owed on your earnings in your country. Where required by law, we may request tax information (for example IRS Form W-9 or a local tax identification number), may report your earnings to tax authorities (for example on Form 1099 or under the EU DAC7 and similar platform-reporting rules), and may withhold amounts as required. Providing false tax information or failing to provide required information may result in withheld or forfeited payouts.

Fraud, reversals and ledger review. We may withhold, suspend, reverse or forfeit payouts, and may freeze or close accounts, in connection with suspected fraud, manipulation, staged or AI-generated footage, multiple or shared accounts or devices, reused phone numbers or bank accounts, or violations of these Terms. You must notify us at support@born.com of any claimed error in a credit, debit or payout within sixty (60) days after it appears in the app; absent timely notice, the entry is deemed accurate to the extent permitted by law. Amounts validly earned will be paid out even if your account is closed, unless prohibited by law.

Dormant balances. If your account is inactive for an extended period, or if we are unable to reach you or complete a payout, unclaimed balances may be subject to our dormancy handling and to applicable unclaimed-property (escheatment) laws.

9. Head mount, reimbursement program, and hardware

Buy-your-own head mount. In most countries you buy a compatible phone head mount yourself (for example the model we link to from joinonsite.com/gear) from a third-party retailer such as Amazon. The retailer is the seller; the sale, delivery, returns and warranty are governed by the retailer’s terms, and we are not responsible for the product, its price, availability or delivery. The price shown on our website is approximate and may differ at checkout.

Reimbursement. Where we offer reimbursement, we credit the amount shown at sign-up (for example US$35 in the United States or up to €30 in Germany) to your in-app balance after you reach the threshold shown at sign-up (currently 10 accepted recording hours) using that head mount. Reimbursement is a credit to your balance, not a cash refund, is paid once per member, and is paid only if your account is in good standing when the threshold is reached. If you do not reach the threshold, close your account, or breach these Terms, no reimbursement is owed. We may ask you to show proof of purchase. Reimbursement amounts, thresholds and eligible countries may change prospectively.

Free head mount program. Where we ship you a head mount for free, title and risk of loss pass to you on delivery. The mount is provided “as is”; it contains no electronics and collects no data itself. We may limit free mounts per person and per address and may require that you verify in the app that you have the mount before you can withdraw. Shipping timelines are estimates. You may not resell free mounts or represent them as authorized for any other service.

Using a mount you already own. Where the app lets you verify a compatible mount you already own (for example with a short selfie check), the mount must be safe and hold your phone securely.

Safety. Mount your phone securely before moving. Never record while driving or cycling, while operating machinery, or in any situation where recording distracts you from your own safety or the safety of others, and never perform a task in a way that violates traffic, workplace or other safety rules. You knowingly assume the risks of your decisions about when, where and how to record, and we are not liable for injuries, losses or damages arising from how you chose to record.

10. Referral program

We may offer referral rewards for inviting new members or businesses. Referral codes are personal to you. You may not create or use fake, duplicate or incentivized accounts, refer yourself, spam, mislead or impersonate, bid on our trademarks in paid search, or otherwise game the program. Referral rewards and any commissions on a referred member’s earnings are discretionary, are shown in the app when offered, may change at any time and may be revoked, including retroactively, where we determine abuse occurred. Referral messages you send must comply with applicable anti-spam law.

11. SMS and electronic communications

By providing your mobile number you agree to receive verification codes and transactional SMS messages about your account, orders, deliveries, recording reviews and payouts, which may be sent using automated technology. Consent to marketing texts is separate and optional and is never a condition of using the Service or of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to opt out of non-essential texts or HELP for help. You also consent to receive agreements, notices, tax documents and disclosures electronically (in the app, by email or by SMS) and agree that electronic communications satisfy any legal requirement that they be in writing; you may request paper copies of legally required documents at support@born.com. See our Privacy Policy for how we handle your phone number.

12. Acceptable use

You agree that you will not, and will not attempt to:

• submit fraudulent, staged, duplicated, AI-generated or misleading recordings, or otherwise game payouts, review, referral or waitlist systems;
• create or control multiple accounts, share devices or phone numbers between accounts, impersonate others, or misrepresent your identity, location or eligibility (including by using VPNs, emulators, jailbroken devices or spoofing tools);
• reverse engineer, decompile, scrape or interfere with the Service, its security or its infrastructure, extract models or datasets, or introduce malware;
• use the Service on behalf of a competitor or to build a competing dataset service, or deliberately submit content designed to defeat, poison or degrade our review, redaction or dataset pipelines;
• falsely confirm a consent, right or fact that the app asks you to confirm; or
• use the Service in violation of any law (including sanctions and export-control law), third-party right or these Terms.

13. Intellectual property

The Service, including the app, website, software, models, datasets (other than your ownership of your own recordings), branding and content, is owned by Born Labs, Inc. or its licensors and is protected by intellectual property and other laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the app for its intended purpose on devices you own or control. These Terms do not grant you any rights in our names, logos or trademarks without our prior written permission.

14. Feedback

If you send us feedback, ideas or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation to you.

15. Third-party services

The Service relies on third parties, including Apple (App Store, Sign in with Apple, notifications), Stripe (payouts and identity verification), Amazon and other retailers (head mount purchase and, where we ship, fulfillment), shipping carriers, Calendly (intro-call scheduling), Google (lead storage and address validation), Meta (advertising measurement), cloud hosting, analytics and messaging providers. Their services are governed by their own terms and policies. We are not responsible for third-party services or content, and your use of them is at your own risk.

16. Copyright / DMCA

If you believe content on the Service infringes your copyright, send a notice with the information required by 17 U.S.C. § 512 to support@born.com, subject “DMCA Notice,” or by mail to Born Labs, Inc., Attn: Copyright Agent, 183 Madison Ave, Ste 1415, New York, NY 10016. We respond to valid notices, including by removing material, and terminate repeat infringers in appropriate circumstances.

17. Disclaimers

THE SERVICE, INCLUDING ANY HARDWARE, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY PARTICULAR RECORDING WILL BE ACCEPTED OR EARN ANY AMOUNT. WE DO NOT WARRANT ANY LEVEL OF EARNINGS, TASK AVAILABILITY, ACCEPTANCE RATE, REVIEW OR PAYOUT TIMING, OR THAT THE SERVICE WILL REMAIN AVAILABLE IN ANY MARKET. EARNINGS ESTIMATES AND CALCULATORS ARE EXAMPLES, NOT PROMISES. WE DO NOT WARRANT THAT REDACTION WILL DETECT OR REMOVE EVERY INSTANCE OF SENSITIVE OR IDENTIFYING CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SOLE OBLIGATION AND YOUR EXCLUSIVE REMEDY FOR AN OPERATIONAL ERROR (FOR EXAMPLE A REVIEW OR CREDITING ERROR) IS CORRECTION OF THE ERROR. NOTHING ON THE SERVICE IS LEGAL, TAX OR FINANCIAL ADVICE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BORN LABS, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, ANTICIPATED EARNINGS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT WE PAID YOU IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND, FOR CONSUMERS IN THE EUROPEAN UNION, THE UNITED KINGDOM AND OTHER JURISDICTIONS WITH MANDATORY CONSUMER PROTECTION, DO NOT LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY OR ANY OTHER LIABILITY THAT MAY NOT BE LIMITED UNDER YOUR LOCAL LAW. THEY DO NOT LIMIT YOUR RIGHT TO BE PAID AMOUNTS VALIDLY EARNED.

19. Indemnification; release

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Born Labs, Inc. and its officers, directors, employees, agents, and licensees from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your recordings or the lack of any required consent or release; (b) your breach of these Terms or your representations and warranties; (c) your violation of any law or the rights of a third party, including privacy, publicity, biometric, employment and intellectual property rights; or (d) your misuse of the Service or hardware. If you have a dispute with another user, a bystander, a business, a retailer or any other third party arising out of the Service, you release Born Labs from all claims arising out of that dispute to the extent permitted by law; California residents waive California Civil Code § 1542.

20. Dispute resolution; binding arbitration; class action waiver

Please read this Section carefully — it affects your legal rights. If you are a consumer residing in the European Union, the United Kingdom, Switzerland, Brazil or another jurisdiction whose mandatory law does not permit pre-dispute arbitration agreements or class-action waivers with consumers, this Section applies to you only to the extent permitted by that law, you keep the right to bring claims before the courts of your country of residence, and nothing in these Terms deprives you of the protection of the mandatory consumer law of that country.

Informal resolution first. Before starting an arbitration or lawsuit, you agree to contact us at support@born.com with a written description of the dispute and the relief sought and give us 60 days to resolve the dispute informally.

Binding arbitration. Except as provided below, you and Born Labs agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration will be conducted by a single arbitrator, in English, by videoconference or written submissions, or in the county where you reside if an in-person hearing is required. We will pay filing, administration and arbitrator fees to the extent required by the rules and applicable law and, for claims of US$10,000 or less pursued in good faith, in full. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, enforceability or formation of this arbitration agreement. Judgment on the award may be entered in any court with jurisdiction.

Class action waiver. YOU AND BORN LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any form of a representative or class proceeding. If 25 or more similar demands are filed by the same or coordinated counsel, the parties agree to a staged, batched process under the arbitration provider’s mass-arbitration procedures.

Jury and court waiver. You and Born Labs waive any right to a jury trial and to litigate disputes in court, except as expressly permitted here.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court for actual or threatened infringement or misuse of intellectual property, datasets or confidential information, or unauthorized access to the Service. If the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court.

Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@born.com with the subject “Arbitration Opt-Out,” your name, and the phone number or email on your account. Opting out does not affect any other part of these Terms.

Time to bring claims. To the extent permitted by law, any claim must be commenced within one (1) year after it accrues or it is permanently barred.

21. Termination

You may stop using the Service and delete your account at any time in the app. We may suspend or terminate your access, remove content, or withhold payouts if you violate these Terms, if we suspect fraud or abuse, or if we discontinue the Service. Where practicable we will tell you the reason and give you a chance to respond at support@born.com. Upon termination, your right to use the Service ends, amounts validly earned will be paid out and amounts obtained through fraud or material breach are forfeited; the licenses you granted with respect to already-submitted recordings and Derived Data, and all provisions that by their nature should survive (including Sections 4, 7, 8, 13, 17–20 and 22–24), survive.

22. Governing law; venue

These Terms and any dispute not subject to arbitration are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules, except where the mandatory consumer-protection law of your country of residence requires otherwise. Subject to Section 20, the state and federal courts located in Delaware will have exclusive jurisdiction, and you consent to venue there, except that consumers in the European Union, the United Kingdom, Switzerland, Brazil and other jurisdictions with mandatory consumer venue rules may bring claims in the courts of their country of residence, and we may seek relief in any court of competent jurisdiction to protect our intellectual property.

23. Careers and job applications

Our careers pages let you apply for roles with Born Labs. Applications are voluntary, do not create an employment relationship, and are processed as described in the “Job applicants” section of our Privacy Policy. You confirm that the information and documents you submit are accurate and that you have the right to share them.

24. Changes to these Terms; miscellaneous

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date above and, where appropriate or required by law, provide additional notice (for example in the app or by email or SMS) before the change takes effect. Your continued use of the Service after changes take effect means you accept the updated Terms. If you do not agree, stop using the Service.

These Terms, together with the Privacy Policy, any task-specific terms shown in the app and any written partner agreement, are the entire agreement between you and Born Labs regarding the Service and supersede any prior agreements. You acknowledge that you have not relied on any statement not set out in these Terms. If any provision is found unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them freely, including in connection with a merger, acquisition, or sale of assets. We may provide notices in the app, by push notification, by SMS to your verified number or by email. Headings are for convenience only; “including” means “including without limitation.” These Terms are drafted in English; translations are provided for convenience and the English version controls to the extent permitted by law. We are not liable for delays or failures caused by events beyond our reasonable control (force majeure), except for payment of amounts already due. You may not use the Service in violation of U.S. export-control or sanctions laws.

25. Contact us

Born Labs, Inc., 183 Madison Ave, Ste 1415, New York, NY 10016, USA. Questions about these Terms? Email us at support@born.com.