Effective Date: December 10, 2025

These Terms of Use (the “Website Terms”) govern your use of any website owned or operated by Sailes, Inc., a Delaware corporation (“Sailes,” “we” or “us”), that links to these Website Terms, including the website currently located at www.sailes.com (together with all features, functionality, tools available on or through the same, as set forth herein, the “Website”).

YOUR ACCESS TO AND USE OF THE WEBSITE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE WEBSITE TERMS. If you are accepting or agreeing to the Website Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to act on behalf of and bind that entity to the Website Terms.

1. ARBITRATION NOTICE

YOU AGREE THAT DISPUTES BETWEEN YOU AND US CONCERNING YOUR ACCESS TO AND USE OF THE WEBSITE WILL BE RESOLVED PURSUANT TO THE DISPUTE RESOLUTION PROCESS OUTLINED IN SECTION 7 BELOW, WHICH MAY INCLUDE INDIVIDUAL BINDING ARBITRATION. YOU ALSO AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. FOR MORE DETAILS ON THIS PROCESS, AND HOW YOU CAN OPT-OUT OF ARBITRATION, SEE SECTION 7 BELOW.

2. ABOUT THE WEBSITE TERMS

Your access to and use of the Website is governed by the terms and conditions of the Website Terms and any and all other policies and rules referenced herein, posted on the Website, or otherwise communicated to Website users. We will process personal information in accordance with our privacy policy, currently located at www.sailes.com.

Sailes reserves the right, in its sole discretion, to amend the Website Terms, at any time and without prior notice. If we choose to amend the Website Terms, we will update the effective date at the top of the Website Terms and post the updated version. By continuing to use the Website after we have posted an updated version of the Website Terms, you are affirming that you agree to be bound by the amended Website Terms; provided that any changes to the dispute resolution, arbitration, class-action waiver, and jury waiver provisions in Section 7 of these Website Terms will only be effective if we provide you with clear and conspicuous notice of such changes, and you continue to use the Website after such notice is provided, signifying your acceptance of the updated Website Terms. If you do not agree to any such changes, you must immediately thereafter cease using the Website.

Your failure to comply with the Website Terms may result in the suspension or termination of your account and/or access to the Website, and may subject you to civil and criminal penalties.

3. IMPORTANT INFORMATION ABOUT THE WEBSITE

Subject to your compliance with the Website Terms, Sailes grants you a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable right to access and use the Website for your own personal or internal business use only, and not for resale or third-party distribution. In order to use the Website, you must have internet access, otherwise you will not be able to use some or all of the Website.

Sailes reserves the right, in its sole discretion, to modify or discontinue offering the Website, or to impose limits on your use of the Website, or any features, functionality or tools thereof, in whole or in part, at any time, for any reason or no reason, with or without notice to you. You agree that Sailes has no obligation to provide any updates or to continue to provide or enable any particular Website features, functionality, tools or content and, to the maximum extent permitted by applicable law, will not be liable with respect to any such modifications, discontinuance or deletions. The Website is controlled and operated within the United States and is not intended for use outside of the United States. 

User Conduct Guidelines

You are not authorized to access or use the Website if you are under 18; if you are a person barred from receiving services under the laws of the United States or other applicable jurisdiction; or for any other purposes that are not expressly permitted by the Website Terms or which violates applicable law.

Further, you may not:

• copy, distribute, share, publish, use or store, or prepare derivative works from any content on the Website covered by any copyrights, trademark, patent, or other intellectual property right belonging to Sailes or a third party, except with prior express permission of Sailes or such third party holding the rights to license such use;
• access, search, collect information from, or otherwise interact with the Website by “scraping,” “crawling” or “spidering” the Website;
• use, display, mirror or frame the Website, or any feature, functionality, tool or content of the Website, Sailes’ name, any Sailes trademark, logo or other proprietary information;
• interfere with, disrupt, damage or compromise the Website or our systems or the access of any user, host or network in any way;
• attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Website;
• otherwise abuse the Website or breach the Website Terms; or
• attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.

Sailes reserves the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law, and to monitor and/or disable access to or use of the Website by any user.

4. INTELLECTUAL PROPERTY OWNERSHIP

The Website is protected by copyright, trademark, patent and other laws of the applicable jurisdiction and throughout the world. You acknowledge and agree that the Website, and all intellectual property rights therein, are the exclusive property of Sailes and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Website, and you may not use the trade names, logos, and other trademarks and service marks associated with Sailes without our prior written consent.

You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality or tools of, the Website in any form or by any means, or sublicense the rights granted in the Website Terms.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Sailes or its licensors, except for the revocable licenses and rights expressly granted in the Website Terms. All rights not expressly granted to you by the Website Terms are hereby reserved to Sailes and its licensors.

If you choose to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Website (“Feedback”), you acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Sailes. You hereby irrevocably transfer and assign to Sailes all of your right, title, and interest in and to, and waive any moral rights you may have in, all such Feedback.

5. NO ENDORSEMENTS

The Website may provide links to third-party websites, resources or services. Links to such websites, resources or services do not imply any endorsement by Sailes of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services. We are not responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.

6. DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION

THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, SAILES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.

YOU ACKNOWLEDGE AND AGREE THAT ACCESSING AND USING THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AND HEREBY RELEASE SAILES AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING. WITHOUT LIMITING THE FOREGOING, SAILES DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE. IN NO EVENT WILL SAILES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE TERMS, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SAILES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, SAILES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE TERMS SHALL BE LIMITED TO TEN U.S. DOLLARS (US$10).

To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold Sailes and its affiliates, licensors and service providers harmless from and against any claims, liabilities, damages, losses, costs and expenses, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with your access to or use of the Website, your breach of the Website Terms, or your gross negligence or willful misconduct.

7. Dispute Resolution, Arbitration, Class-Action Waiver, and Jury Waiver

1. Disputes. The terms of this Section shall apply to all Disputes between you and Sailes. For the purposes of this Section, “Dispute” shall mean any dispute, claim, controversy or action between you and Sailes arising under or relating to your use of the Website or the Website Terms. YOU AND SAILES AGREE THAT “DISPUTE” AS DEFINED IN THE WEBSITE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR SAILES FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; AND (4) TRADEMARK INFRINGEMENT OR DILUTION.
2. Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section by sending a written letter to Sailes at legal@saile.ai within thirty (30) calendar days of your initial agreement to the Website Terms (including your first access or use of the Website) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of the Website Terms shall continue to apply.
3. Binding Arbitration. You and Sailes agree: (1) to arbitrate all Disputes between you and Sailes pursuant to the provisions of the Website Terms; (2) the Website Terms memorializes a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination of the Website Terms.
4. Dispute Notice. In the event of a Dispute, you or Sailes must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Sailes must be addressed to legal@saile.ai (“Sailes Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. If Sailes and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Sailes may commence an arbitration proceeding pursuant to this Section. You and Sailes will work in good faith to schedule the informal conference at a mutually convenient time. If you are represented by counsel, your counsel may participate in the informal dispute resolution conference, but you shall also fully participate in such discussions. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
5. Mediation. In the event the parties cannot resolve the Dispute via the informal dispute resolution conference, the Dispute must first be submitted to non-binding mediation before a neutral third party before it may proceed to arbitration. Selecting the mediator, the appropriate terms for mediation, and a date for mediation shall be negotiated in good faith between the parties. The administrative fees associated with mediation shall be split equally between the parties. Each party shall bear its own respective attorneys’ fees and costs associated with the resolution of any Dispute. If the parties cannot agree to appropriate terms concerning mediation, the parties shall be entitled to proceed with an arbitration proceeding pursuant to this Section. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
6. WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND SAILES AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY SOLELY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND SAILES AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION.
7. MASS ACTION WAIVER. You and Sailes agree that any Dispute between you and Sailes shall be resolved only in an individual arbitration pursuant to this Section. You and Sailes expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action, as defined below, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any Mass Action to award relief to anyone but the individual in arbitration, unless otherwise provided in this Section. “Mass Action” includes instances in which you or Sailes are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on you or Sailes’ behalf, and the law firm or collection of law firms seek to simultaneously or collectively administer and/or arbitrate all arbitration demands in the aggregate. Notwithstanding this Section, nothing prevents you or Sailes from participating in a mass settlement of claims.
8. Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (“AAA”) and be governed by the AAA Commercial Arbitration Rules; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA Rules and the rules set forth in the Website Terms, the rules set forth in the Website Terms shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of the Website Terms. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Website Terms, including, but not limited to, any claim that all or any part of the Website Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
9. Hearing Format. Unless otherwise agreed, the arbitration shall take place in New York, New York, but may proceed telephonically if the parties agree and in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, in any, is based. During the arbitration, the amount of any settlement offer made by Sailes or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sailes is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
10. Arbitration Fees. Each party, as applicable, shall bear its own respective AAA filing, administration, arbitration, attorneys, and/or expert witnesses fees pursuant to the Website Terms.
11. Amendments to this Section. Notwithstanding any provision in the Website Terms to the contrary, you and Sailes agree that if Sailes makes any material amendments to the dispute resolution procedure and class action waiver provisions in the Website Terms, Sailes will notify you and you will have ten (10) calendar days from the date of notice to affirmatively opt-out of any such amendments by sending a written letter to the Sailes Notice Address that specifies: (1) your name; (2) your mailing address; and (3) your request to opt-out of such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in the Website Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
12. Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of the Website Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of the Website Terms.
13. Exclusive Venue for Other Controversies. Sailes and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section shall be filed only in the courts located within San Francisco, California and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

8. MISCELLANEOUS

The Website Terms constitute the entire and exclusive understanding and agreement between you and Sailes regarding your access to and use of the Website and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and Sailes and regarding the subject matter hereof.

You may not assign, transfer, delegate, subcontract or sublicense any of your rights or obligations under the Website Terms. Any attempted assignment, transfer, delegation, subcontracting or sublicense without the foregoing consent will be null and void. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Website Terms. Any provisions of the Website Terms that contemplate performance or observance subsequent to the expiration or termination of the Website Terms shall survive such expiration or termination. Our failure to exercise any right or enforce any obligation under the Website Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. The Website Terms will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions or the laws of your state. If an arbitrator or a court of competent jurisdiction finds any provision of the Website Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect. The headings in the Website Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof. Except as otherwise expressly set forth herein, the Website Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.

Pursuant to California Civil Code §1789.3, California residents may also be entitled to the following specific consumer rights notice:

Complaints regarding the Website or requests to receive further information regarding use of the Website may be sent to .

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.

If you have any questions or concerns regarding these Website Terms, please contact Sailes at support@saile.ai.

Copyright ©2025, Sailes, Inc., a Delaware corporation. All rights reserved.