Terms of Use

Effective date: October 13, 2026 · Last updated: October 13, 2026

These Terms of Use (the "Terms") are a binding agreement between you and Born Labs, Inc. ("Born Labs," "Reps," "we," "us," or "our"), a Delaware corporation with offices at 183 Madison Ave, Ste 1415, New York, NY 10016. They govern your use of the Reps mobile application, the Reps Strap accessory, the optional Reps Ultra subscription, the location-sharing program, the Reps Assistant where we offer it, our websites (including earnreps.com), and related services (together, the "Service"). By creating an account or using the Service, you accept these Terms and our Privacy Policy.

PLEASE READ SECTION 22 CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS, UNLESS YOU OPT OUT WITHIN 30 DAYS.

1. What Reps Is

Reps pays you for content you deliberately create: first-person recordings of everyday activities captured with your phone (including while mounted in the Reps Strap) and submissions to in-app tasks and quests, such as voice recordings, photos and videos (including photos of receipts, bills, documents, medication labels, your fridge, your home, and screenshots from your phone), 3D scans of rooms, answers to voice or video interviews, and written or spoken responses ("Recordings" and "Submissions," together "Content"). We review your Content, pay you for Content we accept, and — after redaction and de-identification as described in our Privacy Policy — use, license, and otherwise commercialize it — including by licensing it to third parties of our choosing — for the development, training, evaluation, and improvement of artificial-intelligence and robotics systems and for other lawful commercial purposes. If you do not want your Content used this way, do not use the Service.

The Service also includes an optional location-sharing program that pays you a small daily amount for keeping background location on (Section 6), a paid Reps Ultra subscription (Section 18), and, where we make it available, the Reps Assistant, an AI assistant that can take actions with service providers on your behalf at your direction (Section 18). Receipt, location and interview data are also used to produce aggregated purchase and store-visit insights that we may provide to brands and other commercial partners, as described in the Privacy Policy.

2. Eligibility and Accounts

You must be at least 18 years old and have the legal capacity to enter into these Terms. Some tasks (for example those involving alcohol or other age-restricted products) require you to confirm in the app that you are 21 or older; confirming falsely is a breach of these Terms.
The Service is currently offered to residents of the United States, in English and Spanish. Sign-ups from other countries may be placed on a waitlist (Section 5). We check eligibility automatically using signals such as your IP address, SIM country, phone-number country, device timezone and bank country; accounts that do not appear to be operated from a U.S. household may be refused or blocked (Section 12), and Content that appears to have been captured outside the United States is rejected.
You may maintain one account only, registered to your own verified phone number and used on your own device, and you may not buy, sell, rent, share, or transfer your account. A new account that reuses a phone number, device or bank account from a previous or other account is not eligible for one-time credits (first-upload credit, starter-task rewards, referral bonuses).
You must provide accurate information and keep it current. We may condition payouts on identity verification through our payment processor, and we may require re-verification at any time.
You are responsible for activity on your account and for keeping your device and credentials secure. Notify us immediately at support@earnreps.com of any unauthorized use.
We may refuse, suspend, or close accounts to protect the Service, other users, or the integrity of our datasets, as described in Section 12.

Business accounts. Where we make business accounts available: (a) the person accepting these Terms for an organization represents and warrants that they have authority to bind it, and "you" then includes both the organization and each individual using the Service under its account; (b) the organization may invite its employees or contractors ("Members") to complete tasks under its account; (c) compensation for Content submitted under a business account is paid to the organization — what Members receive is governed solely by their arrangement with the organization, and Reps is not a party to that arrangement and is not an employer of any Member (this does not affect amounts Reps owes the organization under Section 7); (d) the organization is responsible for its Members' compliance with these Terms and warrants that it has the right to authorize recording on its premises and has provided all legally required notices to, and obtained all legally required consents from, people present there, including compliance with all-party-consent laws for audio; (e) business account owners and administrators can view task and payout status for work under their account, and owners, administrators and other Members of the organization can view the Recordings made under the organization's account — the organization must inform its Members of this before they record; and (f) the organization is responsible for complying with employment, labor and workplace-monitoring law that applies to asking Members to record at work. The one-account and no-transfer rules above apply to individual accounts; a Member may hold their own individual account in addition to participating under a business account.

3. Changes to the Service and to These Terms

The Service, including available tasks, quests, categories, rates, features, and supported regions, will change over time, and we may modify, suspend, or discontinue any part of the Service at any time. We may also update these Terms. If a change is material, we will notify you in the app or by other reasonable means before it takes effect; your continued use of the Service after the effective date constitutes acceptance. Changes do not apply retroactively to amounts you validly earned before the change.

4. The Reps Strap

We may ship you a Reps Strap free of charge to a United States address once you meet the unlock conditions shown in the app (for example a number of approved starter tasks and, for accounts created after September 10, 2026, an active Reps Ultra subscription). We may limit the number of Straps per person and per delivery address, and we validate addresses with a third-party service. If you already own a compatible head mount, you may verify it in the app with a short selfie check (a photo of you wearing it, judged by an automated model, with a limited number of attempts); a verified mount counts as a Strap for the purposes of Strap tasks. Verifying your own mount does not entitle you to any reimbursement or credit. Mounts we have neither issued nor verified do not qualify Content for Strap tasks.
Title to the Strap passes to you on delivery, and risk of loss passes at the same time. The Strap is provided "as is" as an accessory; it contains no electronics and collects no data itself — all recording is performed by your phone.
You may not resell Straps or represent them as authorized for any other service. Replacements for defective or incomplete kits are handled by support at our reasonable discretion.
Shipping timelines shown in the app are estimates, not guarantees. Where available, carrier tracking is provided for convenience.
Use the Strap only as directed in the app. Ensure your phone is mounted securely before moving, and never adjust the Strap or your phone while driving, cycling, or operating machinery (Section 17).

5. Waitlist

If Reps is not yet available in your country, you may join a waitlist. Waitlist placement, queue positions, movement (including movement earned through referrals), market openings, and admission timing are determined by us at our sole discretion, may be adjusted for operational, fairness, or anti-abuse reasons, and do not constitute a promise that the Service will open in any market or admit any person. Waitlist participation is unpaid and confers no rights other than the chance to be notified of admission.

6. Tasks, Quests, Review, and Earnings

Offers. Available tasks and quests, and the amount payable for each, are shown in the app before you accept. Amounts, availability, and categories may change prospectively at any time. Rates for Strap tasks are shown per hour and credited per accepted minute; the rate for a task you have already completed several times may step down, as shown in the app. Daily and lifetime caps may apply to quests and starter tasks, and submissions over a cap earn nothing.
Unsubmitted takes. Video uploads in chunks while you record so that it is ready to review faster. You can play a take back and discard it. A take you neither submit nor discard is submitted automatically on your behalf about two hours after you recorded it, so discard anything you do not want reviewed.
Location-sharing program. If you turn on location sharing and allow "Always" location in your phone settings, we pay the daily amount shown in the app for each day your phone reports at least one location fix. Payment stops when sharing is off or the permission is revoked. Location earnings are credited to your wallet but do not count toward the Strap-footage withdrawal unlock in Section 7, and accounts flagged as reused identities are not eligible.
Review. Every Submission is reviewed — by automated systems (including machine-learning and AI-assisted tools), human reviewers (including trained personnel of third-party annotation vendors under confidentiality obligations), or both — for quality, authenticity (including image-provenance checks that compare your photos with other submissions and read embedded photo metadata), and compliance with these Terms and the task instructions. Some tasks are judged by automated systems only. We may accept, reject, or request revisions at our reasonable discretion. Only accepted Submissions are paid. Review timelines shown in the app are targets, not guarantees.
Earnings are not wages. You participate as an independent party. Nothing in these Terms creates an employment, agency, partnership, or joint-venture relationship, and you are not entitled to employee benefits. You are free to accept or ignore any task.
Taxes. Amounts we pay you are gross of taxes. You are responsible for reporting and paying all applicable taxes. We may require tax documentation (for example, IRS Form W-9) before releasing payouts and may issue information returns (for example, Form 1099) where required by law.
Errors and clawbacks. We may correct crediting errors and may reverse, withhold, or offset amounts credited through error, fraud, or breach of these Terms. If we accept and pay for Content and later determine that it materially breached Section 10 (for example, it was AI-generated, copied, previously submitted, or recorded unlawfully), the compensation paid for that Content is refundable; we may deduct it from your balance or future earnings or require repayment.

Voluntary participation; no entitlement to amounts. Your participation in the Service is entirely voluntary. Except for amounts you validly earn by completing a Submission that we accepted, at the price shown in the app when you accepted the task, nothing in the Service, these Terms, or any communication entitles you to any payment, task volume, task availability, acceptance rate, rate of pay, bonus, multiplier, or other amount, and we have no obligation to offer any task to you or to anyone. To the maximum extent permitted by law, you waive any claim to compensation beyond amounts validly credited to your wallet — including any claim based on rejected, expired, or revised Submissions; time spent or effort expended; expenses you incur to participate (devices, data plans, connectivity, travel, or otherwise); expected, projected, historical, or advertised earnings; lost opportunities; or theories of quantum meruit, unjust enrichment, promissory estoppel, or implied contract. You bear your own costs of participation. Amounts validly credited to your wallet under these Terms are the sole and exclusive measure of what we owe you in connection with your Content and your use of the Service, and no course of dealing, task history, or statement outside these Terms creates any different or greater obligation.

7. Wallet and Payouts

Payouts are processed by Stripe through Stripe Connect. By adding a payout method you agree to the Stripe Connected Account Agreement, and you 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. For verification you enter your legal name, date of birth and the last four digits of your Social Security number (or complete Stripe's hosted verification); we transmit these to Stripe and do not retain the full number. The bank account holder's name must match your account; mismatches may hold payouts. Bank accounts in a currency other than U.S. dollars (including IBAN, UK, Canadian and Mexican accounts) are subject to the Stripe Recipient Agreement, and conversion is handled by Stripe or your bank at their rates. Payout timing shown in the app (for example, 2–5 business days for a bank transfer) 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 bank details before confirming.
Limits. The app shows the current minimum withdrawal (currently US$20) and your first withdrawal unlocks only after the amount of accepted Strap footage shown in the app (currently 60 minutes); money from starter tasks, quests, location sharing, Ultra bonuses and referrals does not count toward that unlock. We also apply a daily payout ceiling, a 24-hour hold after you change your bank account, a maximum payout per request and a limit on how many members may share one bank account. These limits exist to prevent fraud and may change prospectively.
Pockets. Where the app lets you set money aside in "pockets," a pocket is only a label on part of your wallet balance. It is not a deposit, savings or investment account, earns no interest, and is not insured.
We may set minimum withdrawal amounts, and we may suspend payouts while we investigate suspected fraud or breach. Balances obtained through fraud or breach of these Terms are forfeited. Amounts validly earned under these Terms will be paid out even if your account is closed, unless prohibited by law.
Ledger review. You are responsible for reviewing your wallet and payout history. To the extent permitted by law, you must notify us at support@earnreps.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 conclusively deemed accurate.
All amounts are denominated in U.S. dollars.

8. Referral Program

We may offer referral rewards for inviting new users, such as a bonus when the person you invite completes their first accepted task, or a percentage of the accepted earnings of people you refer (and, where shown, of the people they refer) for as long as the program runs. Rewards and rates are shown in the app when offered and are credited only while the program is active; we may pause or end commissions prospectively at any time. People you refer, and people who refer you, see your display name in their activity. 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 Reps trademarks in paid search; or otherwise game the program. Referral rewards, rates, and waitlist movement are discretionary, may change at any time, and may be revoked — including retroactively — where we determine abuse occurred. Referral messaging you send must comply with applicable law, including anti-spam laws.

9. Your Content and the License You Grant

You retain ownership of your Content. In exchange for the compensation offered through the Service, you grant Born Labs a perpetual, irrevocable, worldwide, non-exclusive (except as stated below), transferable, sublicensable (through multiple tiers), royalty-free license to host, store, reproduce, modify (including redacting, annotating, and reformatting), create derivative works of, analyze, publicly perform and display (solely as needed to operate the Service), distribute, and otherwise use your Content and metadata associated with it, in order to: (a) operate, improve, and secure the Service; (b) review Content and administer payments; and (c) develop, train, evaluate, improve, and commercially license datasets, machine-learning, robotics, and related systems, and other products, services, and technologies, and license, distribute, or otherwise commercialize Content and data derived from it to third parties of our choosing, for any lawful purpose, with Content provided to third-party licensees only after being processed through the redaction and de-identification measures described in our Privacy Policy. As between you and Born Labs, the license in this Section covers your Content in all forms and formats — including its original, unprocessed form as well as redacted, de-identified, annotated, and derived forms — and permits disclosure and licensing of Content in any such form to the extent permitted by applicable law; our practice of providing dataset licensees redacted, de-identified Content, described in the Privacy Policy, is how we currently exercise this license and does not limit its scope. You acknowledge that automated redaction is designed to remove, but may not detect, every instance of sensitive or identifying content — one reason Section 10 requires you to keep other people and sensitive information out of your Content — and that an inadvertent failure of redaction does not invalidate the license you grant in this Section or expand our liability beyond Section 20. To the extent your Content includes your own name, image, voice, likeness, movements, or surroundings, the license in this Section includes the right to use them as part of the Content for the purposes described here, and, to the maximum extent permitted by law, you waive any right-of-publicity, privacy, or similar claim against us and our licensees arising from those licensed uses. To the extent permitted by law, you also waive and agree not to assert moral rights in Content used as described here.

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

Further assurances. At our reasonable request and expense, you will execute documents and take reasonable actions necessary to evidence or confirm the license granted in this Section, including confirmations reasonably requested by dataset licensees, auditors, or counterparties in a corporate transaction.

No injunctions against delivered datasets or models. You agree that money damages are an adequate remedy for any claim relating to Content, datasets, or models and, to the maximum extent permitted by law, you will not seek — and you waive any right to obtain — injunctive or other equitable relief that would prevent or restrict (i) the operation of the Service, or (ii) the development, training, evaluation, distribution, or operation of any dataset, model, or other deliverable that has already been delivered to a licensee or placed into production. This paragraph does not limit your right to stop future collection and licensing of new Content under this Section.

If you delete your account or a Submission, we will stop including that Content in newly licensed datasets, but the license survives for Content already incorporated into datasets, models, or deliverables, where extraction is not reasonably feasible, and for copies retained for legal, safety, or backup purposes.

10. Your Promises About Your Content

For every piece of Content you submit, you represent and warrant that:

it is your own, original, authentic material, recorded by you, of your own activities, environment, and belongings;
it is not AI-generated, synthetic, staged to defraud, copied, or previously submitted (by you or anyone else);
it does not intentionally feature any other person. Incidental bystanders captured in public places do not breach this warranty, provided you follow the task instructions and do not deliberately focus on, follow, or record any identifiable person; our redaction pipeline is designed to blur faces and other identifying features of persons incidentally captured. You must not submit Content that features another person as a subject unless that person has given consent, which you will confirm in the app for each such upload. Content must never include: minors (no one may consent on a minor's behalf for these purposes); medical or care situations; intimate settings; or another person's payment cards, government identifiers, passwords, or financial documents;
where it contains audio of any other person, you have complied with all applicable recording and wiretap laws, including all-party-consent laws in states that require them;
it does not contain anyone else's confidential information, trade secrets, or material that infringes any intellectual-property, privacy, publicity, or other right — documents you photograph or film must be your own, with other people's information kept out of frame or redacted;
it was not recorded anywhere you lacked the right to record (for example, workplaces with recording prohibitions, secure facilities, or private property where recording is forbidden); and
it complies with the task instructions and contains nothing unlawful.

Zero tolerance for exploitative content. Submitting content that sexualizes, exploits, or endangers a minor is grounds for immediate and permanent termination, forfeiture of all balances to the extent permitted by law, and referral to the National Center for Missing & Exploited Children and law enforcement, as required by 18 U.S.C. § 2258A.

You — not Reps — are responsible and liable for your Content. We rely on these promises when accepting, paying for, and licensing Content, and material breach is grounds for rejection, clawback (Section 6), and account termination.

11. Prohibited Conduct

You agree not to: (a) submit fraudulent, manipulated, or misattributed Content; (b) create or control multiple accounts, or use emulators, jailbroken devices, automation, or spoofing tools to interact with the Service; (c) manipulate the review, referral, waitlist, or payment systems; (d) probe, scan, overload, or interfere with the Service or its security; (e) reverse engineer, decompile, or extract source code, models, or datasets, except where such restriction is prohibited by law; (f) scrape or harvest data from the Service; (g) use the Service on behalf of a competitor or to build a competing dataset service; (h) resell access to the Service; (i) use the Service in violation of any applicable law, including sanctions and export-control laws; (j) harass, threaten, or abuse our staff, reviewers, or other users; (k) deliberately submit Content designed to defeat, poison, or degrade our review, redaction, or dataset pipelines; (l) falsely confirm a consent, right, or fact that the app asks you to confirm; or (m) use the Reps Assistant to access an account that is not yours, to make a dishonest dispute, cancellation or refund request, or to do anything you could not lawfully do yourself.

12. Enforcement, Suspension, and Termination

You may stop using the Service and delete your account at any time in the app. We may investigate suspected violations and may — with or without notice, as appropriate to the risk — remove Content, withhold payment for Content pending review, claw back amounts obtained through breach or fraud, restrict features, or suspend or terminate your account, including by automated eligibility checks that run each time the app opens and can block an account that does not appear to be operated from a U.S. household. Where practicable we will tell you the reason and give you a chance to respond; you may contest an enforcement decision by contacting support@earnreps.com (see also Section 16 of the Privacy Policy). On termination: your license grants in Section 9 survive as described there; amounts validly earned will be paid out; amounts obtained through fraud or material breach are forfeited; and Sections 9, 10, and 13–24 survive to the extent applicable.

13. Intellectual Property; Feedback

The Service — including the app, websites, software, models, datasets (other than your ownership of your own Content), designs, text, graphics, and trademarks including "Reps" and the Reps logo — is owned by Born Labs or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the app on Apple-branded devices you own or control, for your personal use, in accordance with these Terms and Apple's usage rules. All rights not expressly granted are reserved. If you send us feedback or suggestions, we may use them without restriction or compensation.

14. Third-Party Services

The Service interoperates with third-party services — including Stripe (payouts and identity verification), Apple and Google (sign-in, app stores, in-app subscription billing, notifications), RevenueCat (subscription management), shipping carriers, community platforms such as Discord, and, when you use the Reps Assistant, the service providers you direct it to contact — each governed by its own terms and privacy policies. We are not responsible for third-party services, and your use of them is at your own risk.

15. Apple App Store Terms

These additional terms apply because you download the app through Apple's App Store: (a) these Terms are between you and Born Labs only, not Apple, and Apple is not responsible for the app or its content; (b) your license to the app is limited to use on Apple-branded devices you own or control, per the App Store Terms of Service (including any Usage Rules); (c) Apple has no obligation to furnish maintenance or support for the app; (d) if the app fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) — to the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility; (e) Apple is not responsible for addressing claims by you or a third party relating to the app, including product-liability claims, claims that the app fails to conform to legal or regulatory requirements, and consumer-protection or similar claims; (f) in the event of a third-party claim that the app infringes intellectual-property rights, we — not Apple — are responsible for its investigation, defense, settlement, and discharge to the extent required by these Terms; (g) you represent that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and are not on any U.S. Government list of prohibited or restricted parties; and (h) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

16. Electronic Communications and Text Messages

E-SIGN consent. By using the Service you consent to receive agreements, disclosures, tax documents, and other communications from us electronically — in the app, by email, or by SMS — and you agree that electronic communications satisfy any legal requirement that they be in writing. You may withdraw this consent by deleting your account; keep your email address and phone number current, and ensure you have a device and software able to receive and retain electronic documents. You may request paper copies of legally required documents at support@earnreps.com.

Text messages. By providing your phone number you agree to receive verification codes and transactional text messages about your account, payouts, and shipments, which may be sent using automated technology. Consent to any marketing texts is separate, optional, and never a condition of using the Service. Message and data rates may apply and message frequency varies. Reply STOP to stop non-essential texts and HELP for help; carriers are not liable for delayed or undelivered messages.

Support calls. Calls with our support team may be monitored or recorded for quality and training where permitted by law; you will be notified at the start of any recorded call.

17. Safety; Assumption of Risk

You are solely responsible for performing tasks and making Recordings safely and lawfully. 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; never trespass or enter unsafe locations to complete a task; and never perform a task in a way that violates traffic, workplace, or other safety rules. Tasks describe what to capture, not an instruction to take risks — if a task cannot be completed safely, do not complete it.

Everyday activities carry inherent risks, and you are in the best position to judge and manage the risks of your own surroundings. To the maximum extent permitted by law, you knowingly and voluntarily assume all risks arising from your decisions about when, where, and how to perform tasks and make Recordings, and we are not liable for injuries, losses, or damages arising from how you chose to perform a task or make a Recording.

18. Promotions, Bonuses, Reps Ultra, Beta Features, and the Reps Assistant

We may offer promotions, bonuses, streaks, multipliers, referral rewards, waitlist boosts, sweepstakes, or similar incentives. Each is discretionary, may carry additional terms presented when offered, may be changed or ended prospectively at any time, and may be revoked where obtained through fraud or abuse. We may also offer experimental or beta features, which are provided as-is, may change or disappear without notice, may be limited to some users, and may be subject to confidentiality requirements presented when offered.

Reps Ultra. Reps Ultra is an optional auto-renewing subscription (monthly or annual) sold through the Apple App Store or Google Play. Payment is charged to your app-store account at confirmation of purchase and the plan renews automatically at the price shown unless you cancel at least 24 hours before the end of the current period; you manage and cancel it in your app-store subscription settings, and refunds are governed by the app store's policies. Where a free trial is offered, it converts to a paid subscription unless cancelled before it ends. Ultra benefits are shown in the app at the time of purchase (for example a percentage bonus on accepted Strap earnings, a free Strap, and faster review or payout targets). Benefits are credited only on earnings accepted while your subscription is active, are not wages, may be changed prospectively, and may be withheld or reversed where obtained through fraud or breach. Ordering a free Strap may require an active Ultra subscription.

Reps Assistant. Where we make it available, the Reps Assistant is an AI-powered assistant that can, at your direction, review bills and subscriptions you share with it, remember facts and goals you tell it until you delete them, and carry out tasks with third-party service providers on your behalf — for example negotiating a bill, cancelling a subscription, requesting a refund or price match, changing a plan, or disputing a charge. The assistant may have its own email address, phone number and payment card for this purpose. By using it you authorize us and our service providers to act as your agent for the actions you approve, and you agree that: (a) you will only connect accounts and provide information that are yours and that you have the right to use; (b) when the assistant asks you to log in to a provider, you type your credentials directly into the provider's page in a remote session, we do not ask you to share passwords with us, and you are responsible for keeping them secure; (c) each action that changes your account with a provider, costs money or makes a request on your behalf is shown to you for approval before it is taken, and you are responsible for the accuracy of anything you approve; (d) the assistant is not a lawyer, financial adviser, bank or debt-settlement service, provides no advice, and no particular saving, refund, cancellation or outcome is promised — providers decide what they accept; (e) we are not a party to your contracts with providers and are not responsible for their decisions, fees, service changes or data practices; (f) any payment card issued to the assistant is for the actions you approve, subject to the limits shown in the app; and (g) the assistant is a beta feature that may be limited, changed or withdrawn at any time. Reps Assistant conversations are processed by AI service providers as described in the Privacy Policy.

19. Disclaimers

THE SERVICE, THE APP, THE STRAP, AND ALL CONTENT AND FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION, ALL OF WHICH WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT WARRANT ANY PARTICULAR LEVEL OF EARNINGS, TASK AVAILABILITY, ACCEPTANCE RATE, REVIEW OR PAYOUT TIMING, OR THAT THE SERVICE WILL REMAIN AVAILABLE IN ANY MARKET. ILLUSTRATIONS OF POTENTIAL EARNINGS ARE EXAMPLES, NOT PROMISES, AND CREATE NO ENTITLEMENT TO ANY AMOUNT; YOUR SOLE ENTITLEMENT TO PAYMENT IS DESCRIBED IN SECTION 6. WE DO NOT WARRANT THAT REDACTION OR DE-IDENTIFICATION WILL DETECT OR REMOVE EVERY INSTANCE OF SENSITIVE OR IDENTIFYING CONTENT. REVIEW DECISIONS, REDACTION, ANNOTATION, EARNINGS CALCULATIONS, AND OTHER OPERATIONS ARE PERFORMED BY AUTOMATED SYSTEMS AND HUMANS AND MAY CONTAIN ERRORS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SOLE OBLIGATION AND YOUR EXCLUSIVE REMEDY FOR AN OPERATIONAL ERROR IS CORRECTION OF THE ERROR (FOR EXAMPLE, RE-REVIEW OR A CREDIT ADJUSTMENT UNDER SECTION 6). THE REPS ASSISTANT IS PROVIDED AS A BETA FEATURE; WE DO NOT WARRANT THAT ANY NEGOTIATION, CANCELLATION, DISPUTE, REFUND OR OTHER REQUEST IT MAKES ON YOUR BEHALF WILL SUCCEED OR SAVE YOU ANY AMOUNT. NOTHING ON THE SERVICE IS LEGAL, TAX, OR FINANCIAL ADVICE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER BORN LABS NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR ANTICIPATED EARNINGS, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) AND THE AMOUNTS WE PAID YOU UNDER THESE TERMS IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, AND DO NOT LIMIT YOUR RIGHT TO BE PAID AMOUNTS VALIDLY EARNED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

21. Indemnification; Release

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Born Labs and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your Content, including any claim that it was recorded unlawfully, infringes or misappropriates any right, or depicts a person without required consent; (b) your breach of these Terms, including the representations in Section 10; (c) your violation of law or the rights of any third party; or (d) actions you direct or approve the Reps Assistant to take with third-party providers. We will notify you of any such claim and may participate in the defense with counsel of our choosing; you may not settle any claim that imposes obligations on us without our written consent.

Release. If you have a dispute with another user, a bystander, an organization, or any other third party arising out of your use of the Service or your Content, you release Born Labs and its officers, directors, employees, and agents from all claims, demands, and damages of every kind, known and unknown, arising out of or connected with that dispute. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

22. Dispute Resolution — Binding Arbitration and Class Action Waiver

22.1 Informal resolution first. Before filing a claim, you and we each agree to try to resolve the dispute informally: send a written notice describing the dispute and the relief sought to support@earnreps.com (or, from us, to your account email or phone), and give the other side 60 days to respond. Most disputes are resolved this way.

22.2 Binding arbitration. Except as provided in Section 22.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs 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. The arbitrator may award the same relief a court could award to you individually, and judgment on the award may be entered in any court of competent jurisdiction. We will pay filing, administration, and arbitrator fees to the extent required by the AAA rules and applicable law, and, for claims of $10,000 or less pursued in good faith, we will pay them in full. The arbitrator, and not any court or agency, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable. This Section 22 applies to claims that arose or were asserted before you accepted these Terms, and survives termination of these Terms and closure of your account.

22.3 Class action and jury waiver. YOU AND BORN LABS EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Claims may be brought only in an individual capacity. If a court or arbitrator determines that this waiver is unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, with the remainder staying in arbitration. If 25 or more similar demands are filed by the same or coordinated counsel, the parties agree to a staged, batched process under the AAA's mass-arbitration procedures. If applicable law provides a non-waivable right to seek public injunctive relief, then to that extent only, such a claim may be decided by a court after arbitration of all arbitrable claims; this sentence does not affect the enforceability of the remainder of this Section.

22.4 Exceptions. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or other equitable relief in court for actual or threatened infringement or misuse of intellectual property, datasets, or confidential information, or unauthorized access to the Service.

22.5 Your right to opt out. You may opt out of this arbitration agreement (Sections 22.2 and 22.3) by emailing support@earnreps.com with the subject "Arbitration Opt-Out," your name, and the phone number on your account, within 30 days of first accepting these Terms. Opting out does not affect any other provision of these Terms.

22.6 Governing law and venue. These Terms and any dispute are governed by the laws of the State of New York, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 22. For claims not subject to arbitration, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, unless your local law requires otherwise.

22.7 Time to bring claims. To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be commenced — by filing an arbitration demand or, for claims exempt from arbitration, a court action — within one (1) year after the claim accrues; otherwise the claim is permanently barred. This paragraph does not shorten any limitations period that applicable law does not permit to be shortened.

22.8 Confidentiality. To the extent permitted by law and the AAA rules, the arbitration, including all filings, evidence, and the award, will be kept confidential by the parties, except as needed to enforce the award, in connection with a bona fide legal obligation, or to pursue rights with government agencies.

22.9 Changes to this Section. If we change this Section 22 after you accept these Terms, you may reject the change by emailing support@earnreps.com within 30 days of notice, in which case the version of this Section you previously accepted continues to apply; disputes remain subject to arbitration under the last version you accepted.

23. Copyright Complaints

If you believe content on the Service infringes your copyright, send a notice complying with 17 U.S.C. § 512 (identification of the work, the allegedly infringing material, your contact details, good-faith and accuracy statements, and a physical or electronic signature) to support@earnreps.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; if your content was removed and you believe it was not infringing, you may submit a counter-notice meeting the requirements of 17 U.S.C. § 512(g) to the same addresses. We terminate the accounts of repeat infringers in appropriate circumstances.

24. General

Entire agreement. These Terms, the Privacy Policy, and any task-specific terms presented in the app are the entire agreement between you and Born Labs regarding the Service and supersede prior agreements. In case of conflict, task-specific terms control for that task. You acknowledge that you have not relied on any statement, promise, or representation not set out in these Terms, and that nothing in these Terms or the Service creates a fiduciary, advisory, or other special relationship between you and Born Labs. Electronic acceptance. You accept these Terms by creating an account or checking the acceptance box presented in the app. We maintain a record of the version of the Terms and consent language presented to you, the timestamp of acceptance, and the associated account identifier, and you agree that this record may be used to evidence your acceptance. Severability. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the remainder will remain in effect. No waiver. A failure to enforce a provision is not a waiver of the right to do so later. Assignment. You may not assign these Terms; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets. Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, except for payment of amounts already due. Notices. We may provide notices in the app, by push notification, by SMS to your verified number, or by email; you may notice us at the addresses below. No third-party beneficiaries. Except for Apple as stated in Section 15 and the indemnified and released parties in Section 21, these Terms create no third-party beneficiary rights. Interpretation. Headings are for convenience only; "including" means "including without limitation." These Terms are drafted in English, and the English version controls over any translation. California consumers. Pursuant to California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210. Survival. Sections 9, 10, and 13–24 survive termination to the extent applicable. Export and sanctions. You may not use the Service in violation of U.S. export-control or sanctions laws.

Contact us.
Born Labs, Inc.
183 Madison Ave, Ste 1415
New York, NY 10016, USA
support@earnreps.com