Welcome to SocialPostAI Corporation ("Company," "we," "us,"
"our"). Our operations include the website socialpostai.com (the "Site"), the mobile
application SocialPostAI (the "App"), and other related products and services linked to
these legal terms (the "Legal Terms") (collectively referred to as the "Services"). We
create products and services utilize artificial intelligence for content creation.
For any inquiries, please reach us at [email protected].
By accessing or using the Services, you enter into a legally binding agreement with
SocialPostAI Corporation, signifying your acceptance of these Legal Terms. If you
disagree with any part of these terms, you must cease using our Services immediately.
Note that these Legal Terms may include supplemental conditions or documents, which are
incorporated by reference and may be updated periodically. Any modifications to these
terms will be indicated by a "Last Updated" date. Your continued use of the Services
post-update implies acceptance of the revised terms.
Please be aware that the Services are intended solely for users aged 18 and above. Users
under 18 are not permitted to access or register for the Services.
For your convenience, we recommend printing a copy of these Legal Terms for future
reference.
The information and services provided by SocialPostAI Corporation
are not intended for distribution to, or use by, any person or entity in jurisdictions
or countries where such distribution or use would contravene local laws or regulations.
Additionally, such use must not obligate us to any registration requirements in those
jurisdictions or countries. Therefore, individuals accessing the Services from locations
outside of our the United States do so of their own volition and are solely responsible
for adherence to any applicable local laws.
Please note that the Services are not designed to meet specific industry regulations,
such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal
Information Security Management Act (FISMA), and/or others. Consequently, if your use of
the Services involves or is subject to such regulations in any respect, you are
prohibited from using them. Furthermore, the Services must not be utilized in any manner
that violates the Gramm-Leach-Bliley Act (GLBA).
We, SocialPostAI Corporation, either own or hold licenses for all
intellectual property rights associated with our Services. This includes, but is not
limited to, the source code, databases, functionality, software, designs, audio, video,
text, photographs, and graphics integrated into the Services (collectively referred to
as the "Content"). Additionally, we own or license all trademarks, service marks, and
logos (the "Marks") contained within our Services.
Both the Content and the Marks are protected by United States and international
copyright and trademark laws, and other applicable intellectual property laws. The
Content and Marks may not beused apart from our Services and may be used , and are
provided on an "AS IS" basis.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services under the following conditions:
Your use must be in compliance with these Legal Terms, including adherence to the "PROHIBITED ACTIVITIES" section below.
You are permitted to download or print a copy of any part of the Content to which you have properly gained access, but only for your personal, non-commercial use or internal business purposes.
Other than as explicitly outlined in our Legal Terms, you may not copy, reproduce,
compile, republish, upload, post, publicly display, encode, translate, transmit,
distribute, sell, license, or exploit any part of the Services, Content, or Marks for
commercial purposes without our express prior written consent. You may not remove any
proprietary notices, copyright or trademark notices from the Services, Content or Marks.
In instances where we grant permission for you to post, reproduce, or publicly display
any part of our Services or Content, you must acknowledge us as the owners or licensors
of the Services, Content, or Marks. This includes ensuring that any copyright or
proprietary notices are clearly visible in your use of our Content.
We reserve all rights not explicitly granted to you in our Legal Terms. Violating these
Legal Terms , may result in the immediate termination of your right to use and access to
our Services.
Before engaging with our Services, please thoroughly review both this section and the "PROHIBITED ACTIVITIES" section to understand the rights you grant to us and the obligations you assume when posting or uploading content through the Services.
When you send us any queries, comments, suggestions, ideas, feedback, or other information about the Services (collectively referred to as "Submissions"), you assign to us all intellectual property rights in such Submissions. By making Submissions, you acknowledge that we have full ownership of such Submissions, with the unrestricted right to use and disseminate them for any lawful purpose, commercial or otherwise, without any obligation for acknowledgment or compensation to you.
In submitting any content through our Services, you acknowledge and agree to:
Adhere to our "PROHIBITED ACTIVITIES" guidelines, ensuring that your Submissions are not illegal, harassing, harmful, defamatory, obscene, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, infringing or misleading.
Waive, to the extent allowed by applicable law, any and all moral rights in your Submissions.
Confirm that your Submissions are original to you, or that you possess the necessary rights and licenses for them, and that you have full authority to grant us the rights mentioned above and perform your obligations under these Legal Terms.
Ensure that your Submissions do not contain intellectual property or confidential information belonging to you or any third party.
You bear sole responsibility for your Submissions. You agree to indemnify and hold us harmless against any losses we may incur due to your violation of these Legal Terms, including infringement of any third party’s intellectual property rights, or non-compliance with applicable laws.
By using our Services, you confirm and assure that:
You possess the legal capacity to enter into a binding contract, including these Legal Terms and agree to comply with them fully.
You are not considered a minor in the jurisdiction where you reside, affirming that you meet the age requirement for using our Services
You will access the Services exclusively through human means, without the use of any automated systems, including bots, scripts, or similar technologies.
You will use the Services solely for lawful purposes and will not engage in any illegal or unauthorized activities through or in connection with the Services.
Your use of the Services will adhere to all applicable laws and regulations.
Furthermore, in the event that any information you provide is found to be untrue, inaccurate, infringing, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny you any current or future use of the Services, or any part thereof.
We accept the following payment methods for transactions made via our Services:
Visa
Mastercard
American Express
Discover
PayPal
When making purchases through our Services, you agree to:
Provide accurate, complete, and up-to-date purchase and account information.
Promptly update your account and payment details, including your email address, payment method, and payment card expiration date, to ensure successful transactions and efficient communication.
Please be aware that sales tax may be applied to your purchases.
Our prices are subject to change at any time without notice. All payments shall be made
in US dollars. By placing an order, you authorize us to charge the provided payment
method for all charges at then current prices, including any applicable shipping fees.
This authorization also extends to recurring charges for ongoing orders, allowing us to
bill your payment method on a recurring basis without requiring your prior approval for
each charge. You have the option to cancel recurring orders at any time.
We reserve the right to correct any errors or mistakes in pricing, even in situations
where payment has already been requested or received. Additionally, we reserve the right
to refuse any order you place through the Services. In our sole discretion, we may limit
or cancel quantities purchased per person, per household, or per order. These
restrictions may include orders placed under the same customer account, the same payment
method, or orders that use the same billing or shipping address. Furthermore, we reserve
the right to limit or prohibit orders that, in our judgment, seem to be placed by
dealers, resellers, or distributors.
To new users who register with our Services, may be offered a free trial period. This free trial is designed to give you a comprehensive introduction to our Services without an immediate financial commitment. Please be aware that once a free trial period ends, your account will automatically be charged according to the subscription plan selected during registration. It is important to consider your chosen subscription carefully, as this will determine the charges applied to your account at the end of the free trial.
Please note that all purchases made through our Services are
non-refundable. We have this policy in place to maintain a clear and consistent approach
to transactions. However, we understand the need for flexibility, which is why we allow
you to cancel your subscription at any time. To do so, simply log into your account and
follow the steps for cancellation. It's important to remember that your cancellation
will become effective at the end of your current paid subscription term, not immediately
upon the request of cancellation.
We value your satisfaction with our Services. If at any point you find yourself
unsatisfied or have concerns regarding the Services, we encourage you to reach out to us
directly at [email protected] .Our team
is dedicated to addressing your concerns and
providing support to enhance your experience with our Services.
As a user of our Services, it is crucial to understand and adhere to the specific
guidelines regarding acceptable use. The Services are intended for specific purposes set
forth by us, and may not be used for any commercial purposes unless explicitly endorsed
or approved by our team.
In using our Services, you agree not to engage in the following activities
Avoid systematically retrieving data or content from the Services to create or compile databases or directories without our written permission.
Refrain from any actions that mislead, defraud, or deceive us and other users, particularly in attempts to gain sensitive information like passwords.
Do not bypass or interfere with any security features of the Services, including those preventing the misuse of Content.
Avoid actions or communications that could disparage or tarnish our image or that of the Services.
Do not use information from the Services to harass, abuse, or harm others.
Ensure that all interactions with our support services are genuine and not based on false reports.
Abstain from using the Services in ways that conflict with applicable laws or regulations.
Refrain from unauthorized framing or linking to the Services.
Do not upload, transmit, or attempt to upload or transmit, any form of malicious software or spam.
Avoid any automated system usage that could disrupt the Services' normal operation.
Do not remove or alter any copyright or proprietary rights notices from any Content.
Avoid attempting to impersonate another user or person.
Refrain from using any passive or active data collection mechanisms such as spyware or other similar devices.
Do not interfere with, or place an undue burden on, the Services or connected networks.
Do not harass, intimidate, or threaten any of our employees or agents involved in providing the Services.
Avoid trying to bypass any measures designed to restrict access to the Services.
Do not copy, adapt, or misuse the Services' software and avoid any unauthorized script or software usage.
Refrain from using buying or purchasing agents to make purchases on the Services.
Avoid any unauthorized use of the Services, including for unsolicited email or creating false user accounts.
Do not use the Services for any competing purposes or commercial enterprises not sanctioned by us.
Avoid selling or transferring your profile.
Do not use the Services to advertise or offer to sell goods and services.
Your adherence to these guidelines is crucial for maintaining a safe, respectful, and legally compliant environment on our platform.
While the Services do not primarily offer a platform for users to submit or post
content, there may be occasions where you are provided with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast various
forms of content and materials to us or on the Services. This content may include, but
is not limited to, text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information (collectively referred to as "Contributions"). It's
important to note that these Contributions could be viewable by other users and might
appear on third-party websites.
When creating or making available any Contributions through our Services, you represent
and warrant the following:
Your Contributions will not infringe upon the proprietary rights of any third party, including copyrights, patents, trademarks, trade secrets, or moral rights.
You are either the sole creator and owner of the Contributions or have all necessary licenses, rights, consents, and permissions to authorize their use as envisaged by the Services and these Legal Terms.
If your Contributions include identifiable individuals, you possess written consent or permission to use each person's name and likeness in accordance with these Legal Terms and the Services’ uses.
Your Contributions are neither misleading nor false.
Your Contributions are not a form of unsolicited or unauthorized advertising or promotional material.
Your Contributions do not contain any content that is obscene, harassing, libelous, slanderous, or objectionable as determined by us.
Your Contributions do not mock, disparage, intimidate, or abuse anyone.
Your Contributions do not promote violence or threaten any person or group.
Your Contributions adhere to all applicable laws, regulations, and rules.
Your Contributions do not infringe upon anyone's privacy or publicity rights.
Your Contributions comply with laws related to child pornography and aim to protect the well-being of minors.
Your Contributions are free from offensive remarks related to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not violate any other provision of these Legal Terms or applicable laws and regulations.
Please be aware that any use of the Services that contravenes these guidelines may result in the termination or suspension of your rights to use the Services. It is our priority to ensure that the Services remain a safe and legally compliant platform for all users.
As part of our commitment to providing a seamless experience on our Services, it is
important for you to understand how we handle the information and personal data you
provide. You and the Services agree that we have the authority to access, store,
process, and utilize any information and personal data that you submit, in accordance
with your preferences and settings. This facilitates the efficient operation of our
Services and enhances user experience.
Furthermore, when you submit suggestions, ideas, or other feedback about the Services,
you are granting us permission to use and share this feedback for any purpose. We do
this without the obligation to provide compensation to you. Your insights and feedback
are invaluable in helping us improve and evolve our Services.
Regarding your Contributions to the Services, it is important to clarify our position on
ownership and responsibility. While we do not claim any ownership over your
Contributions, you retain full ownership of all your Contributions, including any
associated intellectual property rights or other proprietary rights. This means that you
are entirely responsible for everything you contribute to the Services.
As such, we are not liable for any statements, representations, or content within your
Contributions. This includes any material you provide or display in any area of the
Services. By contributing, you acknowledge your sole responsibility for these
Contributions and agree to absolve us of any responsibility related to them. In essence,
we urge you to be mindful of the nature and impact of your Contributions, as you agree
not to pursue any legal action against us in connection with what you contribute to the
Services.
When you access our Services through the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices that you own or control. This usage is governed strictly by the terms and conditions of the mobile application license included in these Legal Terms. In using the App, you are expected to adhere to the following conditions:
You must not, except as allowed by applicable law, engage in decompiling, reverse engineering, disassembling, attempting to derive the source code of, or decrypting the App.
Avoid making any modifications, adaptations, improvements, enhancements, translations, or derivative works from the App.
Ensure that your use of the App complies with all applicable laws, rules, and regulations.
Do not remove or alter any proprietary notices, including copyright or trademark notices, provided by us or the licensors of the App.
Refrain from using the App for any revenue-generating activities, commercial enterprises, or purposes for which it is not designed or intended.
You should not make the App available over a network or environment that allows access or use by multiple devices or users simultaneously.
Avoid using the App to create a product, service, or software that is, directly or indirectly, competitive with or a substitute for the App.
Do not use the App to send automated queries to any websites or to dispatch unsolicited commercial emails.
Refrain from utilizing our proprietary information or interfaces, or other intellectual property, in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
If you obtained the App from the Apple Store or Google Play, additional terms apply:
The license granted to you for our App is limited to a non-transferable license to use the App on devices operating on Apple iOS or Android, in line with the usage rules set forth by the respective App Distributor’s terms of service.
We are responsible for providing maintenance and support services for the App as required by law or as outlined in these Legal Terms, with the understanding that App Distributors have no obligation to provide such services.
In case of any App defects covered by warranty, you may notify the App Distributor, who may refund the purchase price in accordance with its policies. App Distributors have no further warranty obligations concerning the App.
You declare that you are not located in a country under a US government embargo or designated as a "terrorist supporting" country, and you are not on any US government list of prohibited or restricted parties.
You must comply with any applicable third-party terms when using the App. For example, your use of the App must not violate any VoIP application’s wireless data service agreement.
You acknowledge that App Distributors are third-party beneficiaries of the terms in this mobile application license, with the right to enforce these terms against you as a third-party beneficiary.
In our commitment to ensuring a secure and compliant environment on our Services, we reserve certain rights, which we may exercise at our discretion, including, but are not limited to, the following measures:
We reserve the right to monitor the Services and your use of the Services for any violations of these Legal Terms. This is part of our ongoing effort to maintain the integrity and security of the Services.
Should we identify any user who, in our sole judgment, violates applicable laws or these Legal Terms, we reserve the right to take appropriate legal action. This action may include, but is not limited to, reporting the user to law enforcement authorities.
At our discretion, and without the need for extensive notice, we may refuse, restrict, limit, or disable access to any of your Contributions or any part thereof if we deem it necessary. This action will be taken especially in cases where Contributions are technologically burdensome or violate our policies.
We also reserve the right to remove or disable any files and content from the Services that are excessive in size or are, in any way, burdensome to our systems. This is a measure taken to ensure the smooth operation and integrity of our Services.
Additionally, we will manage the Services in ways that we believe are necessary to protect our rights and property and to ensure the Services function properly and effectively for all users.
These reserved rights are crucial for us to maintain control over the Services and to ensure they are used in a manner that aligns with our legal and operational standards.
By using our Services, you are agreeing to comply with our Privacy
Policy, which is an integral part of these Legal Terms. Our Privacy Policy is accessible
on the Services for your review and outlines how we handle and protect your personal
information.
It is important to note that our Services are hosted in the United States. This
geographical aspect is crucial for users accessing the Services from regions outside the
United States, where local laws regarding personal data collection, use, or disclosure
may differ from those in the United States. By continuing to use our Services, you
acknowledge and consent to the transfer of your data to the United States. You
explicitly agree to have your data processed in accordance with United States laws,
regardless of the differing provisions of data privacy laws in your own region or
country.
This understanding and consent are essential for the global accessibility and operation
of our Services, ensuring we can provide you with continuous and effective service while
respecting legal requirements pertaining to data handling and privacy.
The Legal Terms set forth herein continue to be effective and binding for as long as you
utilize our Services. It is crucial to understand that, in upholding these terms, we
reserve the right, at our sole discretion and without any obligation to provide notice
or assume liability, to deny access to the Services to anyone. This may include blocking
certain IP addresses. Such actions can be taken for various reasons, including but not
limited to, a breach of any representations, warranties, covenants in these Legal Terms,
or non-compliance with any applicable laws or regulations.
Further, we retain the authority to terminate or suspend your participation in the
Services at any time, without prior warning, and according to our sole discretion. This
could involve the deletion of content or information that you have posted. If your
account is terminated or suspended by us, for any reason, you are expressly prohibited
from creating a new account under your name, a fake or borrowed name, or the name of any
third party, even if you are representing that third party.
Beyond the termination or suspension of your account, we also reserve the right to
pursue appropriate legal actions, as provided below. This is a measure we may take to
ensure the integrity of our Services and the safety and compliance of our user
community.
Our commitment to enforcing these Legal Terms is part of our broader effort to provide a
secure and legally compliant platform for all users. Your understanding and adherence to
these terms are essential for the smooth functioning of the Services.
We reserve the unilateral right to change, modify, or remove the
contents of the Services at any time and for any reason, at our sole discretion.
Although we strive to provide timely and accurate information, we are under no
obligation to update any information on our Services. It’s important to note that these
changes can occur without prior notice to users.
In line with this, we will not be liable to you or any third party for any alteration,
price change, suspension, or discontinuance of the Services. The dynamic nature of the
Services means that we cannot guarantee uninterrupted availability. There may be
occasions when hardware, software, or other issues, or the need for maintenance, lead to
service interruptions, delays, or errors.
Furthermore, we reserve the right to revise, update, suspend, or discontinue the
Services at any time, for any reason, again without notice to you. In the event of any
downtime or discontinuation of the Services, we bear no liability for any loss, damage,
or inconvenience you might experience due to your inability to access or use the
Services.
It is also important to understand that nothing in these Legal Terms obligates us to
maintain and support the Services or to provide any corrections, updates, or releases in
connection with them. Our commitment is to provide quality Services, but we maintain
flexibility to manage and modify our offerings as necessary for the overall functioning
and improvement of the Services.
Please be aware that these Legal Terms, as well as your use of the
Services, are governed by and construed in accordance with the laws of the State of
Florida. This means that any agreement related to the Services is considered as being
made within the State of Florida and is subject to Florida's legal framework.
We ensure that the interpretation and enforcement of these Legal Terms adhere strictly
to Florida law, excluding any conflict of law principles. This implies that,
irrespective of your geographical location or any conflicting legal principles that may
exist in your jurisdiction, the laws of the State of Florida will prevail in governing
these Terms and any issues related to your use of the Services.
To address any dispute, controversy, or claim arising from or related to these Legal Terms (collectively referred to as "Disputes"), the Parties (both you and us) agree to first engage in informal negotiations. The objective here is to expedite resolution and minimize the costs associated with any Dispute. This initial phase of informal negotiation, which shall last at least thirty (30) days, begins upon receipt of written notice from one Party to the other. The intent is to provide a preliminary and less formal means of resolving any disagreements before proceeding to more formal methods of dispute resolution.
Should such informal negotiations fail to resolve a Dispute, the matter will then be resolved exclusively through binding arbitration. This means that instead of taking the issue to court, where you would have the right to a jury trial, the Dispute will be settled through arbitration proceedings. These proceedings will be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes. Details of these rules and procedures are available at the AAA website (www.adr.org). The arbitration costs, including arbitrator fees, will be governed by these rules, and we will cover all such fees and expenses if they are deemed excessive by the arbitrator. The arbitration may take various forms, including in-person sessions, document submissions, phone calls, or online meetings. The arbitrator's decision will be in writing and will adhere to applicable law, ensuring that any awards are consistent with legal standards, and shall be binding in all respects. Unless required differently by AAA rules or law, the arbitration will take place in Miami-Dade County, Florida. Both Parties retain the right to pursue litigation in court to compel arbitration or to address issues related to the arbitration award.
In situations where a Dispute progresses to court rather than arbitration, such proceedings will occur in the state and federal courts located in Florida, USA. The Parties consent to the jurisdiction of these courts and waive any objections based on personal jurisdiction or venue. It’s important to note that certain international laws, such as the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA), do not apply to these Legal Terms. Furthermore, any Dispute must be brought within one year of the cause of action arising; otherwise, it is barred. If certain parts of this arbitration agreement are found to be illegal or unenforceable, those parts will not be subject to arbitration, and instead, a court within the jurisdiction mentioned above will handle the Dispute.
Arbitration shall be limited strictly to the Dispute between the individual Parties. No arbitration will be joined with another proceeding, nor will there be any right to conduct any Dispute on a class-action basis or in a representative capacity on behalf of the public or other parties.
Certain Disputes are exempt from the above procedures. These include Disputes aimed at enforcing or protecting, or related to the validity of, a Party’s intellectual property rights; any Disputes associated with allegations of theft, piracy, invasion of privacy, or unauthorized use; claims for injunctive relief; and claims for nonpayment for Services. The parties reserve all rights in connection with such Disputes and may pursue all available remedies.
We acknowledge that the Services may, from time to time, contain
certain typographical errors, inaccuracies, or omissions. These can pertain to various
aspects of the Services, including but not limited to product descriptions, pricing,
availability, and other relevant information. In the spirit of continuous improvement
and accuracy, we reserve the right to correct any such errors, inaccuracies, or
omissions. Moreover, we hold the authority to change or update information on the
Services at any given time, and this can be done without any prior notice to the users.
Our commitment to maintaining the most current and accurate information on the Services
is a key part of providing a high-quality user experience. By having the flexibility to
make these corrections and updates as needed, we aim to ensure that the Services remain
a reliable and trustworthy source of information for all users.
It's important for you to understand that the Services we provide are offered on an
'as-is' and 'as-available' basis. When you choose to use our Services, you acknowledge
and agree that you are doing so at your own risk. We aim to provide a valuable and
reliable service, but it's necessary for you to know that, to the fullest extent
permitted by law, we disclaim all warranties, whether express or implied. This includes,
but is not limited to, implied warranties of merchantability, fitness for a particular
purpose, and non-infringement.
While we strive to ensure the accuracy and completeness of the content within the
Services, and of the content found on any websites or mobile applications linked to our
Services, we do not make any warranties or representations in this regard. Therefore, we
do not bear any liability or responsibility for:
Any errors, mistakes, or inaccuracies in the content and materials available through the Services.
Any personal injury or property damage resulting from your access to and use of the Services.
Any unauthorized access to or use of our secure servers and/or any personal or financial information stored therein.
Any interruptions or cessation of transmission to or from the Services.
The transmission of any bugs, viruses, trojan horses, or similar harmful elements through the Services by any third party.
Any errors or omissions in content and materials, or any loss or damage of any kind incurred as a result of using content posted, transmitted, or made available via the Services.
Furthermore, we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any advertising. We are not involved in monitoring any transactions between you and third-party providers of products or services. As in any transaction, particularly those conducted online or through mobile applications, we advise you to exercise caution and use your best judgment.
It is important for you as a user of our Services to understand the extent of our
liability in relation to your use of the Services. While we strive to provide a
high-quality service, there are legal limitations to our liability in certain
situations.
Specifically, neither we nor our directors, employees, or agents will be liable for any
loss or any form of damages that you or any third party might incur as a result of using
our Services. This includes, but is not limited to, direct, indirect, consequential,
exemplary, incidental, special, or punitive damages. Examples of such damages include
lost profits, lost revenue, loss of data, and other similar losses. This applies even if
we have been advised of the possibility of such damages.
Our liability to you for any reason and regardless of the form of action will always be
limited to the total amount you have paid to us, if any, during the six (6) month period
preceding the event giving rise to any cause of action.
We also recognize that certain US state laws and international laws may offer different
views on limitations of liability, particularly regarding implied warranties or the
exclusion or limitation of certain types of damages. If you are governed by such laws
that do not permit these limitations and exclusions, then they may not apply to you. In
such cases, you may have additional rights beyond what is described here. Understanding
these limitations is crucial as they define the scope of our responsibility and your
recourse in relation to the use of our Services.
YYou agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, owners, officers, agents, partners, and employees, from any claims or demands that might arise as a result of your actions or use of the Services. This indemnification covers a range of potential issues, including but not limited to:
Any problems, losses, or legal issues that arise due to your use of our Services.
Any breach or violation of these Legal Terms by you.
Any breach of the representations and/or warranties you have made as per these Legal Terms.
Your violation of any third party's rights, particularly intellectual property rights.
Any harmful act committed by you against another user of the Services with whom you have interacted through our platform.
In situations where you are obliged to provide indemnification, we
reserve the right to take over the exclusive defense and control of any such matters.
This is done at your expense, and you are required to cooperate with us in our defense
against such claims. We will also make reasonable efforts to notify you of any such
legal claim, action, or proceeding that falls under this indemnification as soon as we
become aware of it.
This indemnification is a key aspect of the terms of using our Services, and it serves
to protect not only us but also the integrity and safety of our platform and its users.
In operating our Services, we handle and store certain data that
you transmit to ensure the effective performance and management of the Services. This
includes data related to your use of the Services. Part of our routine maintenance
includes performing regular backups of data to safeguard the information processed
through our Services.
However, it is crucial for you to understand your responsibilities regarding the data
you transmit when using our Services. You are solely responsible for all data that you
send or that is connected to your activities within the Services. This responsibility
covers the management and protection of your data.
We shall not be liable for any loss or corruption of your data. By using our Services,
you agree that we are not responsible for any such data loss or corruption for any
reason. Furthermore, you waive any right to take action against us in the event of any
loss or corruption of your data.
This aspect of our Services underscores the importance of maintaining your own backups
and taking necessary measures to protect your data.
In this digital age, interactions and communications via
electronic means have become standard, and this extends to your use of our Services.
When you visit the Services, send us emails, or fill out online forms, these actions are
considered electronic communications. By engaging with our Services in these ways, you
are consenting to participate in these electronic interactions.
You also agree to receive communications from us electronically. This includes various
forms of communication such as agreements, notices, disclosures, and other updates,
which we may provide to you via email or directly on the Services. Importantly, this
electronic mode of communication satisfies any legal requirement that such
communications should be in writing.
Furthermore, you agree to the use of electronic signatures, contracts, orders, and
records, as well as the electronic delivery of notices, policies, and records for
transactions initiated or completed by us or through the Services. This agreement
signifies a move towards a more efficient, paperless process, in line with modern
digital practices.
Additionally, by agreeing to our terms, you are waiving any rights or requirements
present under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction that might necessitate an original signature or the retention of
non-electronic records. This also includes any requirements for making payments or
granting credits in non-electronic formats.
This consent to electronic communications and processes represents your acceptance of
the efficiency and convenience provided by modern digital technology, enabling a more
streamlined interaction with our Services.
We strive to address and resolve any complaints to your satisfaction. However, if you
find that your complaint with us has not been resolved satisfactorily, there is an
avenue for further escalation. You have the option to contact the Complaint Assistance
Unit of the Division of Consumer Services of the California Department of Consumer
Affairs for additional support.
To reach out to them, you can send a written correspondence to their office at 1625
North Market Blvd., Suite N 112, Sacramento, California 95834. Alternatively, if you
prefer to speak directly with someone, they are available by telephone. You can reach
them at (800) 952-5210 or (916) 445-1254.
This contact information provides you with an additional resource to ensure that your
concerns are heard and addressed appropriately.
These Legal Terms, along with any additional policies or operating rules that we post on the Services, form the complete and exclusive agreement between you and us. It's important to understand that if we don't immediately exercise or enforce a specific right or provision outlined in these Legal Terms, it doesn't mean we are waiving our right to do so. Every right or provision under these Legal Terms is intended to be fully enforceable to the extent permitted by law.
We reserve the right to assign our rights and obligations under these Legal Terms to others at any point. This might be necessary for the continued efficient operation of the Services.
In scenarios beyond our reasonable control, such as natural disasters or other major disruptions, we will not be held responsible or liable for any loss, damage, delay, or failure to act that may result.
If any part of these Legal Terms is determined to be unlawful, void, or unenforceable, that specific part will be deemed severable. This means it will not impact the validity and enforceability of the remaining provisions of the Legal Terms. Our aim is to ensure that even if one part of the agreement is invalidated, the rest can still be applicable.
It is also essential to clarify that there is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or your use of the Services. Our relationship is solely that of independent parties entering into a mutual agreement.
You agree that these Legal Terms will not be interpreted against us simply because we were the ones who drafted them. This principle ensures fairness and neutrality in how the terms are understood and applied.
Lastly, by agreeing to these terms, you waive any defences you might have based on the electronic form of these Legal Terms and the absence of signatures from the parties to execute these Terms. This waiver reflects an understanding and acceptance of the digital nature of our agreement.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at [email protected].