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On this page
  1. 1. Who we are, who you are
  2. 2. Accounts, workspaces, members
  3. 3. The service
  4. 4. Plans, trials and billing
  5. 5. Credits and usage
  6. 6. Payments and Stripe
  7. 7. Your content and data
  8. 8. AI output
  9. 9. Third-party services
  10. 10. Acceptable use
  11. 11. Moderation and copyright
  12. 12. Intellectual property
  13. 13. Beta service and changes
  14. 14. Suspension
  15. 15. Term and termination
  16. 16. Disclaimers
  17. 17. Limitation of liability
  18. 18. Indemnification
  19. 19. Law, arbitration, class waiver
  20. 20. Country-specific terms
  21. 21. General
  22. 22. Contact
  1. Privacy Policy
  2. Refund & Cancellation Policy
Legal

Terms of Service

Effective date: October 1, 2026 · Last updated: October 1, 2026

本页面为英文法律文本。如中英文版本不一致,以英文版本为准。

These Terms of Service (the "Terms") are a contract between you and Quest Space, Inc., a Delaware corporation ("Captain", "we", "us"). They govern your access to and use of the Captain web application at beta.captainspace.ai, the website at captainspace.ai, and related services (together, the "Service"). By creating an account, joining a workspace, checking a consent box that refers to these Terms, or using the Service, you agree to these Terms and to our Privacy Policy and Refund & Cancellation Policy, which are part of these Terms.

Two things to know up front. Paid plans renew automatically until canceled; the full automatic-renewal terms are in Section 4. Most disputes with Captain must be resolved by individual arbitration, not in court, and class actions are waived; you can opt out within 30 days. See Section 19.

1. Who we are and who you are

Captain is an AI-native group chat for teams: people and AI staff work together in shared workspaces, with connected tools, shared memory and delegated tasks.

Business use only. The Service is offered solely to businesses, organizations and individuals acting in a trade, business or profession. By using the Service you represent that you are not acquiring it for personal, family or household purposes, that you are at least 18 years old and able to form a binding contract, and, if you act for an organization, that you have authority to bind it; "you" then means both you and that organization. If, despite this, mandatory law where you live treats you as a consumer, nothing in these Terms removes a right that law does not allow you to waive.

2. Accounts, workspaces and members

  • Invitation-only access. During the beta, accounts are created with an invitation code. You may not share, sell or publish invitation codes without our permission.
  • Workspaces and roles. Work happens inside workspaces. The person who creates a workspace is its owner and, with the organization they act for, our customer for that workspace. Owners and the admins they appoint can invite and remove members, connect tools, and (owners only) manage the plan, payment method and spending settings. Owners are responsible for the actions of their workspace members and agents.
  • Members. If you were invited into a workspace, you use it under these Terms and under the direction of the workspace owner. The owner and admins control the workspace's content and settings; they can read, export and delete content in the workspace (including content you created), remove members, change what AI staff may do, and monitor use. Your organization's own policies apply to you alongside these Terms, and we may act on the owner's instructions without separate notice to you. Content you created stays with the workspace when you leave it.
  • Account security. Keep your credentials confidential and tell us promptly at captain@questspace.ai if you suspect unauthorized access. You are responsible for activity under your account.
  • Accurate information. Provide accurate account and billing information and keep it current.

3. The service

The Service lets you chat with teammates and AI staff, upload and read files, keep a shared memory, run delegated tasks, generate content (including images), connect third-party tools through connectors and MCP servers, and use agents published in the Marketplace. Features vary by plan and may be rolled out, changed or withdrawn as described in Section 13.

By default, outbound actions in connected tools (for example sending an email or creating a record) require confirmation by a person inside Captain. Owners and admins may change this for particular agents, tools or delegated tasks; if they do, your workspace accepts the results of actions run without confirmation. You are responsible for every action taken through your connected accounts, whether or not a person confirmed it.

4. Plans, trials and billing

Automatic renewal terms. Please read before you check out.

  • Trial. A 7-day free trial starts when your workspace is created. No card is needed during the trial and nothing is charged. It includes one-time welcome credits worth $5 (currently 500 credits).
  • Choosing a plan. To keep using Captain after the trial, the workspace owner picks a plan and adds a card at checkout. If you check out while the trial is still running, nothing is charged at checkout and the first charge happens automatically on the day the trial ends, for the plan, number of seats and billing period you selected, plus any applicable tax. If you check out after the trial has ended, or with less than 48 hours of trial left, the first charge happens at checkout. For example, Team with 5 seats is $90 per month, or $900 per year if you chose annual billing. The exact date and amount are shown above the pay button and in your confirmation email.
  • Renewal. Your subscription then renews automatically at the end of each monthly or yearly period, and your card is charged the then-current price for your seats, until you cancel.
  • How to cancel. The workspace owner can cancel at any time, online, in Settings → Billing → Manage → Cancel plan (the Stripe customer portal), or by email to captain@questspace.ai. Cancellation stops future charges. Access continues to the end of the trial or of the period already paid for; we do not refund partial periods, as explained in the Refund & Cancellation Policy.
  • Price changes. We give at least 30 days' notice before a price increase takes effect at your next renewal, together with how to cancel.
  • Your consent and our records. You consent to these terms by checking the consent box at checkout. We keep a record of that consent for at least three years, send you a confirmation email containing these terms and the cancellation instructions, and remind you of them at least once a year while your subscription continues.

4.1 Per-seat subscriptions

Paid plans are sold per seat. Current plans and prices are shown on our pricing page and inside the app at checkout. As of the effective date they are:

PlanMonthly billingAnnual billingCredits included
Starter$10 per seat / month$8 per seat / month, billed $96 per seat yearly300 credits per seat per month
Team$18 per seat / month$15 per seat / month, billed $180 per seat yearly600 credits per seat per month

All prices are in US dollars and exclude taxes. Annual plans are charged for the full year in advance.

4.2 Trials

  • Welcome credits (currently 500, worth $5) are one-time and expire with the trial unless you subscribe. Credit packs, top-ups and auto-recharge are not available until a plan is active.
  • If three different people join your workspace during the trial, we extend it once by 14 days and add $5 of credits. The extension and credits are promotional and have no cash value.
  • When the trial ends without an active plan, the workspace becomes read-only until the owner subscribes. Content is kept as described in Section 7.
  • One trial per workspace and per organization. We may decline or end a trial, and revoke welcome credits, if we detect abuse.

4.3 Seats

The number of seats cannot be lower than the number of human members in the workspace. Adding seats during a billing period is charged pro rata for the remainder of the period. Removing seats takes effect at the start of the next billing period and does not generate a refund for the current period.

4.4 Price changes

We may change plan prices. We will give you at least 30 days' notice by email or in the app before a price increase applies to you; it takes effect at your next renewal after the notice period. If you do not agree, cancel before it takes effect. Changes to credit rates for individual models or tools, to included credit allowances, or to what a plan includes are not price increases and may take effect on notice in the app.

4.5 Failed payments

If a renewal or auto-recharge payment fails, we will notify the workspace owner and may retry the charge. While a subscription is past due, AI features in the workspace may be paused until payment succeeds. If payment is not received within 14 days, we cancel the subscription and the workspace becomes read-only. We may delete the content of a workspace 60 days after its subscription is canceled for non-payment, or after its trial ended without a plan; export what you need before then.

4.6 Taxes, billing disputes and amounts owed

  • Taxes. Fees exclude sales, use, VAT, GST, digital-services, withholding and similar taxes, which you are responsible for, other than taxes on our net income. If law requires you to withhold tax from a payment, you will increase the payment so that we receive the full fee. If you claim an exemption, provide a valid certificate before the charge. If we are later required to collect tax on a past charge, we may charge it to your payment method.
  • Billing disputes. Tell us about a charge you believe is wrong within 30 days after the charge date, with the details requested in the Refund & Cancellation Policy. Charges not disputed within that time are accepted as correct, except where the law gives you longer.
  • Amounts owed. If a chargeback, refund reversal, failed payment or metering correction leaves a workspace with a negative balance, the amount is due within 10 days of our notice. Overdue amounts bear interest at 1.5% per month or the highest rate the law allows, whichever is lower, and you will reimburse our reasonable collection costs, including attorneys' fees. We may suspend the workspace under Section 14 and apply later payments and credit purchases to the oldest amount owed first.

5. Credits and usage

  • What credits are. Credits are the unit used to meter AI usage in Captain. 100 credits equal one US dollar. Credits are a prepaid, non-refundable right to use the Service, not money, stored value, a deposit or a gift card; we pay no interest on balances, and credits have no cash value outside the Service.
  • Included credits. Each paid seat includes a monthly credit allowance. Included credits are reset at the start of each billing period; unused included credits do not roll over and expire when the period ends or the subscription ends.
  • Purchased credits. Workspace owners can buy credit packs or top up a custom amount (currently $5 to $1,000 per purchase). Purchased credits are used after included credits run out and do not expire while the workspace stays active. A workspace is inactive when it has had no paid subscription period, no credit purchase and no AI usage for 12 consecutive months; purchased credits in an inactive workspace are forfeited at the end of that 12-month period. We email the workspace owner at least 30 days before forfeiture.
  • Forfeiture and corrections. Purchased credits are forfeited without refund when the workspace is closed, when we terminate it for breach, or after 12 months of inactivity as described above. Credits cannot be transferred between workspaces or people except through a feature we provide for that purpose. We may deduct credits to correct metering errors, reverse charges or recover amounts owed.
  • Metering. Usage is metered on the actual tokens and tool calls your requests consume, at Captain's published rates for each model and tool, which include our operating margin. The cost of each reply is shown in the app. Rates may change as provider prices change.
  • Bring your own key. Requests routed to API keys you connect yourself consume zero Captain credits; the provider bills you directly under its own terms.
  • Auto-recharge. A workspace owner may keep a card on file and enable auto-recharge. By enabling it, the owner authorizes merchant-initiated charges to the saved card, each for the amount, trigger threshold and monthly cap shown on the screen where consent was given, until the owner turns auto-recharge off. The owner can change these settings, turn auto-recharge off, or remove the card at any time from Settings → Billing. We record that consent and show each charge in the workspace's transaction history and on a Stripe receipt.
  • Spending limits. Owners and admins may set per-project budgets. Where auto-recharge is enabled, a project may continue past its budget and draw on auto-recharged funds within the monthly cap.

6. Payments and Stripe

Payments are processed by Stripe, Inc. and its affiliates ("Stripe"). When you enter card details, you enter them on pages hosted by Stripe, and Stripe stores them; Captain does not store full card numbers. Your use of Stripe's hosted pages is also subject to Stripe's own terms and privacy policy. We receive from Stripe only what we need to run billing, such as the card brand, last four digits, expiry, and payment outcomes.

You authorize Captain and Stripe to charge your payment method for subscription fees, seat changes, credit purchases, and auto-recharges that you or your workspace owner initiate or enable. Charges appear on your statement under the descriptor shown at checkout.

If you believe a charge is wrong, contact us at captain@questspace.ai within 30 days (Section 4.6). If a charge is reversed through a chargeback or dispute, the corresponding amount is removed from the workspace balance, auto-recharge is disabled, and we may suspend paid features until the matter is resolved.

7. Your content and data

  • Ownership. You keep all rights to the messages, files, connected data, instructions and other material you or your members submit to the Service ("Customer Content").
  • License to operate. You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display and create derivative works of Customer Content to provide, secure and improve the Service, as instructed by you through the Service, and as described in our Privacy Policy. This includes sending Customer Content to the AI model providers and tools you choose to use or that the Service selects for you.
  • Model training. We do not use Customer Content or Output to train or fine-tune foundation models of our own, and where a model provider's API terms give us a choice, we do not permit it to train on your content. Model providers and gateways process your content under their own terms, which we review when we add them but do not control or audit. Those terms may allow limited retention for abuse monitoring or legal compliance and, for some providers outside the United States, other uses. Each provider and its location is listed in the Privacy Policy. If a particular provider's practices matter to you, choose models manually or bring your own key; that choice is yours and we are not responsible for it.
  • Usage Data. We own data we generate about how the Service is used, such as metering, routing, performance, error, quality-evaluation and feature-usage data ("Usage Data"), and we may use it for any purpose during and after the term, including to operate, secure, benchmark and improve the Service and to train our routing, safety and classification systems. We may also create de-identified or aggregated data from Customer Content, keep it in that form, and use it for the same purposes. We will not attempt to re-identify such data and will not publicly identify you or your workspace through it.
  • Shared memory. Captain keeps a workspace memory so AI staff can recall context. Memory is visible to the people and agents in that workspace according to its scope settings. Owners and admins can review and delete memory items.
  • Responsibility. You are responsible for Customer Content, for having the rights to submit it, and for the instructions you give AI staff. Do not upload data you are not allowed to share with your workspace members or with the third-party services you connect.
  • Export and deletion. The workspace owner may request an export of the workspace's messages, files and memory in a machine-readable format by emailing captain@questspace.ai; we provide it within 30 days of a verified request, free of charge up to twice in any 12 months, while the workspace is in good standing. After a workspace or account is closed we begin deletion within 30 days and complete it, including backup copies, within 180 days, except for records we must keep by law, de-identified data, and copies held by model providers under their own retention terms. Keep your own copies of anything you need before closing.

8. AI output

The Service generates text, images, summaries, plans, code and other output using machine-learning models ("Output"). Output is produced automatically and may be inaccurate, incomplete, out of date, biased or inappropriate. You must review Output before relying on it or acting on it, especially for legal, financial, medical, safety or employment decisions.

As between you and us, and to the extent we hold any rights in Output generated for you, we assign them to you when the fees for the request that produced it are paid, subject to these Terms, third-party rights and the terms of the model provider that generated it. We do not promise that Output is original, protectable by intellectual-property law or free of third-party rights; models can produce similar or identical Output for different users, and such Output is not exclusive to you. We may retain and use Output as Usage Data under Section 7 and as needed to operate, secure and improve the Service. Before you publish, sell or act on Output that describes real people, reproduces third-party material or is used in a regulated context, you must check it for accuracy and rights clearance.

9. Third-party services and model locations

You can connect third-party services (such as Google Workspace, Notion, Linear, GitHub, Slack, Granola, MCP servers and others) and bring your own model API keys. Those services are governed by their own terms and privacy policies. When you connect one, you authorize Captain to access it on your behalf within the scope you grant, and you can revoke access at any time in Integrations. We are not responsible for third-party services, their availability, or how they handle your data. Agents published in the Marketplace by other users are provided by those users; review an agent's instructions and permissions before adding it to your workspace.

Models you select, or that Captain's Smart Router selects for you, may be hosted outside the United States, including in Singapore and China, as listed in the Privacy Policy. You accept that processing and are responsible for choosing models manually or bringing your own key if your data cannot leave a particular region.

10. Acceptable use

You agree not to, and not to let your members or agents:

  • break the law, infringe others' rights, or use the Service to harass, defraud, defame or harm anyone;
  • upload malware, probe or attack our systems, bypass rate limits, budgets, seat limits or access controls, or interfere with other customers;
  • use the Service to generate spam, unsolicited bulk messages, or deceptive content, or to impersonate people or organizations;
  • submit protected health information under HIPAA, cardholder data under PCI DSS, data controlled under ITAR or the EAR, classified information, or bulk US sensitive personal data or government-related data within the meaning of 28 C.F.R. Part 202, unless we have signed a separate agreement covering it (we do not sign HIPAA business associate agreements during the beta);
  • use the Service or Output where failure could cause death, personal injury or severe property or environmental damage (including medical diagnosis or treatment, weapons, critical infrastructure, aviation and vehicle control), or as the sole basis for a decision with legal or similarly significant effects on a person (such as credit, employment, housing, insurance, education or access to essential services) without meaningful human review. If you use Output in a way regulated as a high-risk or consequential AI use (for example under Colorado SB 24-205 or the EU AI Act), you are the deployer and solely responsible for that role's obligations;
  • use the Service in breach of the usage policies of the model providers and tools that process your requests (for example Anthropic's Usage Policy, OpenAI's Usage Policies and Google's Generative AI Prohibited Use Policy), which we may enforce as part of these Terms;
  • use the Service or Output to train, fine-tune, distill, evaluate or improve a machine-learning model that competes with the Service or the models it uses; extract, copy or publish our system prompts, agent templates, routing logic or model configurations; scrape or resell the Service; or send requests by automated means except through features we provide for that purpose;
  • submit data that you lack the right to process, including other people's personal data without a lawful basis;
  • circumvent trial limits, create multiple workspaces to obtain repeated trials or welcome credits, or use stolen or unauthorized payment methods.

We may remove content, pause features or suspend accounts that violate this section, and we may report illegal activity to authorities.

11. Content moderation and copyright complaints

We do not pre-screen Customer Content, Marketplace agents or Output and have no obligation to monitor them, but we may review, remove or disable access to any of them at any time if we believe they breach these Terms, a provider's policies or the law, or create risk for us or others. If you believe content on the Service infringes your copyright, send a notice that meets 17 U.S.C. §512(c)(3) to our designated agent: Copyright Agent, Quest Space, Inc., 2261 Market Street, San Francisco, CA 94114, USA, captain@questspace.ai (subject "DMCA"). We respond to valid notices, may forward them to the user who posted the content, and terminate the accounts of repeat infringers in appropriate circumstances. Knowingly misrepresenting infringement can make you liable for damages under 17 U.S.C. §512(f).

12. Intellectual property, feedback and customer reference

The Service, including its software, model configurations, agent templates, design and branding, is owned by Captain and its licensors and protected by intellectual-property laws. Except for the rights expressly granted in these Terms, we reserve all rights. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.

Customer reference. We may identify your organization as a Captain customer by name and logo on our website, in sales materials and in investor updates, following any brand guidelines you send us. Email captain@questspace.ai to opt out at any time; we will stop using your name and logo in new materials within 30 days.

13. Beta service and changes

The Service is in beta. In addition to Section 16, this means: we promise no uptime, response time or support level; features, models, tools, connectors, limits and rates may change at any time; we may run maintenance without notice; and data may be lost or corrupted despite our precautions, so keep your own copies of anything important. Features labeled beta, preview or experimental may be discontinued without notice and may not yet be covered by every security measure described in the Privacy Policy. We will try to give reasonable notice of material changes that reduce the core functionality you pay for. If such a change materially harms you, your sole remedy is to cancel under Section 4; if we discontinue the Service entirely, we will refund the unused part of any prepaid subscription fees pro rata.

14. Suspension

We may suspend or limit access to the Service, a workspace, an account, a connector or an agent, immediately and without liability, if we reasonably believe that (a) there is a security risk to the Service, to you or to a third party; (b) the Service is being used in breach of Section 10, a provider's policies or the law; (c) a payment has failed, a balance is negative or a charge has been disputed; (d) a model provider, gateway or tool has suspended us or a key because of your use; or (e) suspension is needed to comply with law or legal process. We will tell the workspace owner the reason where the law allows and restore access once the issue is resolved. Fees continue to accrue during a suspension caused by you.

15. Term and termination

These Terms apply from the moment you first use the Service until your account and workspaces are closed. You can stop using the Service at any time; to close your account, email captain@questspace.ai. We may terminate your access if you materially breach these Terms, fail to pay, create legal or security risk for us or others, or if we discontinue the Service (with at least 30 days' notice where practical). On termination your right to use the Service ends, credits are handled as Section 5 provides, and Sections 4.6, 5, 7 (as to Usage Data and de-identified data), 8, 10 through 12, and 16 through 22 survive, together with any payment obligation.

16. Disclaimers

THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS AND MODEL PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT OUTPUT WILL BE CORRECT OR THAT THIRD-PARTY SERVICES WILL REMAIN AVAILABLE.

17. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CAPTAIN, ITS AFFILIATES, LICENSORS, MODEL PROVIDERS AND SUPPLIERS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND CONTRACTORS, WILL NOT BE LIABLE UNDER ANY THEORY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE SERVICE, OUTPUT OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY AND ONE HUNDRED US DOLLARS. THESE LIMITS ARE AN AGREED ALLOCATION OF RISK REFLECTED IN OUR PRICES. THEY DO NOT EXCLUDE LIABILITY THAT CANNOT BE EXCLUDED BY LAW, INCLUDING FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, AND SECTION 20 APPLIES WHERE RELEVANT.

18. Indemnification

You will defend Captain, its affiliates and their officers, directors, employees and contractors against any claim, demand, investigation or proceeding brought by a third party (including a government authority or a current or former workspace member) arising out of or related to (a) Customer Content; (b) your, your members' or your agents' use of the Service or Output; (c) actions taken in connected tools through your accounts; (d) your breach of these Terms or of law; or (e) a dispute between you and your members or among them; and you will pay the resulting damages, settlements, fines, costs and reasonable attorneys' fees. We will notify you promptly of the claim, let you control the defense with counsel reasonably acceptable to us, and cooperate at your expense. You may not settle a claim in a way that admits fault by us or imposes obligations on us without our written consent. If you do not defend diligently, we may take over the defense at your cost.

19. Governing law, arbitration and class action waiver

Please read this section carefully. It requires most disputes with Captain to be resolved by individual arbitration rather than in court, and it waives jury trials and class actions. You can opt out within 30 days (Section 19.7).

19.1 Governing law

These Terms and any dispute arising out of or related to them, the Service or Output are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules, except that Sections 19.3 through 19.7 are governed by the Federal Arbitration Act, 9 U.S.C. §1 et seq. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19.2 Informal resolution first

Before starting arbitration or a lawsuit, the party raising a dispute must send the other a written notice describing the dispute, the facts and the relief sought (to us: captain@questspace.ai, subject "Dispute notice"; to you: the workspace owner's email). The parties will try in good faith to resolve the dispute for 60 days after the notice is received, including by at least one video or phone conference if either party asks. Limitation periods are tolled during those 60 days. A court or arbitrator may dismiss or stay a proceeding started without completing this step.

19.3 Binding arbitration

Any dispute, claim or controversy arising out of or relating to these Terms, the Service, Output or any charge, including whether this Section applies and the validity, scope or enforceability of any part of it (a "Dispute"), will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules or, if the AAA determines that you are a consumer, its Consumer Arbitration Rules (together the "Rules"), as modified by this Section. If the AAA is unavailable, the parties will agree on another administrator or a court will appoint one. The arbitration will be conducted in English by one arbitrator. Disputes under $25,000 will be decided on written submissions unless the arbitrator finds a hearing necessary; any hearing will take place by video or in San Francisco, California. The arbitrator must follow these Terms, including Section 17, may award only the individual relief a court could award, and must issue a reasoned written decision. Judgment on the award may be entered in any court with jurisdiction. Fees are allocated as the Rules provide, except that each party bears its own attorneys' fees unless the arbitrator finds a claim or defense frivolous or brought for an improper purpose. The Rules are available at adr.org.

19.4 Class action and jury waiver

YOU AND CAPTAIN EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL OR OTHER REPRESENTATIVE ACTION, IN ARBITRATION OR IN COURT. The arbitrator may not consolidate more than one party's claims or preside over any representative proceeding except as Section 19.5 provides. If this waiver is found unenforceable as to a particular claim or request for relief (for example a request for public injunctive relief under California law), that claim or request will be severed and decided in the courts named in Section 19.6 after the arbitrator has decided all arbitrable claims, and the parties agree to stay the court proceeding until then.

19.5 Coordinated filings

If 25 or more arbitration demands raising similar issues are filed against Captain by or with the help of the same or coordinated counsel within 90 days: (a) the demands will be grouped into batches of up to 50; (b) each batch will be heard by one arbitrator as a single consolidated arbitration with one set of administrative and arbitrator fees; (c) batches proceed one at a time, with the first batch chosen by the parties in alternation; (d) after the first batch is decided the parties will hold a global mediation; and (e) limitation periods are tolled for demands awaiting a batch. The AAA will administer under its Mass Arbitration Supplementary Rules to the extent consistent with this paragraph.

19.6 Exceptions and courts

Either party may (a) bring an individual claim in a small claims court with jurisdiction; (b) seek a temporary restraining order or preliminary injunction in court to protect intellectual property, confidential information or the security of the Service, pending arbitration; or (c) enforce an arbitration award. For those proceedings, for any Dispute that is not arbitrated, and for anyone who opts out under Section 19.7, the state and federal courts located in San Francisco County, California have exclusive jurisdiction, and both parties consent to personal jurisdiction and venue there and waive any objection of inconvenient forum.

19.7 30-day opt-out

You may opt out of Sections 19.3 through 19.5 by emailing captain@questspace.ai with the subject "Arbitration opt-out", your account email and workspace name, within 30 days after you first accept these Terms (or, if you accepted an earlier version without this Section, within 30 days after we notify you of it). Opting out does not affect any other part of these Terms.

19.8 Changes, severability and survival

If we change this Section 19 after you accept these Terms, you may reject the change by email within 30 days after notice; the change then does not apply to you and the previous version of this Section continues to govern. Except as Section 19.4 provides, if any part of this Section is found unenforceable the rest remains in effect. This Section survives termination of these Terms and your account.

19.9 Time limit for claims

Except for our claims for unpaid amounts, any claim arising out of or related to these Terms or the Service must be started within one year after it accrues, or it is permanently barred, to the extent the law allows this limit.

20. Country-specific terms

  • Australia. If the Australian Consumer Law applies to you, nothing in these Terms excludes a guarantee it provides that cannot be excluded. Where permitted, our liability for breach of such a guarantee is limited, at our option, to supplying the service again or paying the cost of having it supplied again.
  • United Kingdom and European Union. Nothing in these Terms excludes or limits liability that cannot be limited under the Unfair Contract Terms Act 1977 or, for business users in Germany, under §§ 305–310 BGB; in Germany our liability for slight negligence is limited to breaches of material contractual obligations (Kardinalpflichten) and to the typical, foreseeable damage. The 14-day right of withdrawal for consumers does not apply because the Service is sold to businesses only.
  • Not directed to the EEA or the United Kingdom. We do not market the Service in, or direct it to, the European Economic Area or the United Kingdom, and we do not offer it to consumers there. If you nevertheless use it from those territories, you do so on your own initiative, as a business, and the Service is provided under these Terms and United States law; the GDPR-related statements in the Privacy Policy are made for transparency and do not amount to an admission that the GDPR or UK GDPR applies to us.
  • Outside the United States. You are responsible for compliance with local law, including data-localization, AI-transparency and tax rules, and for deciding whether the Service is appropriate where you use it.

21. General

  • Changes to these Terms. We may update these Terms. For material changes we will notify you by email or in the app at least 14 days before they take effect. Continued use after the effective date means you accept the updated Terms. Changes that add or expand arbitration, class waiver, indemnity or liability limits apply to you only after you accept them in the app or, if you were notified by email and did not reject them within 30 days, from the end of that period. The current version is always at captainspace.ai/legal/terms.
  • No reliance. In deciding to use or pay for the Service you have not relied on any statement, roadmap, demo, benchmark, comparison or description of upcoming features (including items marked "Soon") outside these Terms, whether on our website, in the app or in conversation with us.
  • Entire agreement; order of precedence. These Terms, with the Privacy Policy and the Refund & Cancellation Policy, are the entire agreement between you and Captain about the Service and replace any earlier agreements. In a conflict, the following control in this order: (1) a signed agreement or order form with us; (2) our Data Processing Addendum, for the personal data it covers; (3) these Terms; (4) the Refund & Cancellation Policy; (5) the Privacy Policy, which describes our practices and does not grant contractual rights beyond those stated in it; (6) documentation and in-app text.
  • Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including outages, rate limits, deprecations or policy changes at model providers, gateways, hosting or payment providers; internet or utility failures; government action, sanctions or export restrictions; labor disputes; epidemics; or attacks on our systems.
  • Notices. We may give notice by email to the workspace owner's address, in the app, or by posting on captainspace.ai; notice is effective when sent or posted. Notices to us must be emailed to captain@questspace.ai and, for legal notices, also sent to Quest Space, Inc., 2261 Market Street, San Francisco, CA 94114, USA; they are effective when received.
  • Third-party beneficiaries. Our affiliates, licensors, model providers and gateways may rely on Sections 8, 10, 16 and 17. Otherwise no one other than you and Captain has rights under these Terms.
  • Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, reorganization or sale of assets.
  • US Government users. The Service is a "commercial product" and "commercial computer software" under FAR 2.101, 12.212 and DFARS 227.7202, provided to government users only with the rights in these Terms; government customers that need different terms must sign a separate agreement with us.
  • Export and sanctions. You represent that neither you nor your organization is located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive US sanctions (currently Cuba, Iran, North Korea, Syria and the Crimea, Donetsk and Luhansk regions of Ukraine), is listed on any US, UK, EU or UN restricted-party list, or is owned or controlled by such a person. You will not use the Service, submit data or export Output in violation of US export-control or sanctions laws.
  • Severability and waiver. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.
  • Language. These Terms are written in English. Translations are provided for convenience; the English version controls.

22. Contact

Quest Space, Inc., a Delaware corporation, operating Captain
2261 Market Street, San Francisco, CA 94114, USA
Email: captain@questspace.ai
Web: captainspace.ai

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