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LICENSE AGREEMENT
CrowdAI, Inc. End-User License Agreement (EULA)
Welcome to CrowdAI—let’s start your journey!
CrowdAI, Inc. (“CrowdAI,” “we,” or “us”) offers an easy to use, web-based, artificial intelligence technology platform that allows users (that’s you!) to upload their User Content (as defined below) and label and/or classify that User Content, either manually or via machine learning (the “Platform”). You can use the Platform to create training data for machine learning models and create machine learning models to analyze your User Content.
Please read these Terms and Conditions (the “Terms”) carefully because they govern your use of our website, https://crowdai.com (the “Site”) and our Platform. If you have any questions, contact us at hello@crowdai.com.
1. Agreement to Terms
Summary: If you sign up for an account or use our Platform, then you agree to these terms.
By requesting an Account (as defined below), signing these Terms, or accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, it’s simple: do not use the Platform.
2. Changes to Terms or Platform
Summary: We may update these terms at any time.
We may modify the Terms and our Platform at any time, in our sole discretion. If we do so, we will notify you by posting on the Site. It’s important that you review the Terms whenever we modify them because continuing to use the Platform after we have posted modified Terms on the Site indicates to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then please discontinue use of the Platform immediately. Because our Platform is
evolving over time we may change or discontinue all or any part of the Platform, at any time and without notice to you, at our sole discretion.
3. User Accounts
Summary: You need an account to access and use the Platform. You can’t use the Platform if you’re under 18. Also, if you are using the Platform on behalf of a business, then you agree to these terms and conditions on behalf of that business.
In order to access and use the Platform, you will need to request the ability to create a crowdai.com account (“Account”). We will review your request and we may reject or accept your request, at our sole discretion. By requesting and/or creating an Account, you represent to us that you are 18 years of age or older and are not barred from using the Platform under applicable law. By submitting information to us in the sign-up process, you expressly authorize us to retain certain of that
information on your behalf and permit us to store such information for the purpose of providing and improving the Platform.
If you are requesting and/or creating an Account and entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case, “you” will refer to such entity.You may not use the Platform under the name of another person with the intent to impersonate that person or use a username that is subject to rights of another person. You must be a human to use the Platform and an automated account is not allowed. “Robot” or automatic logging in to the Platform and subsequent automatic activity is not allowed; however, if permitted by us, you may
connect automatically via APIs we make available to you. We reserve the right to refuse your access to or use of the Platform, in our sole discretion, if any information provided violates our Terms.
4. Platform and Restrictions
Summary: Do wonderful and interesting things with the Platform and keep it kind, legal, and non-nefarious. Be reasonable and responsible and we’re all good.
You may access and use the Platform for your own internal purposes. You will not and will not allow any third party to, directly or indirectly: (i) reverse engineer,
decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Platform or any application programming interfaces, software, documentation or data related to the Platform; (ii) use the Platform, CrowdAI Content or documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable laws, rules, or regulations (including, without limitation, applicable data privacy laws, regulations, and guidance) (collectively, “Applicable Law”); (iii) modify, translate, or create derivative works based on the Site, the Platform or the CrowdAI Content (except to the extent expressly permitted by CrowdAI or authorized within the Platform); (iv) use the Platform for time-sharing or service bureau purposes or otherwise for the benefit of a third party; (v) remove any proprietary notices or labels, (vi) create any software or application that replicates or competes with the Platform or CrowdAI Content; (vi) use the Platform for any facial recognition purposes or that infringes, violates, or impacts an individual’s privacy or rights; (vii) engage in, promote, or encourage illegal activity in connection with the Platform; or (viii) access or use the Platform for any unlawful, invasive, infringing, defamatory, or fraudulent purposes.
5. Privacy
Summary: Your privacy is important to us. Please review our Privacy Policy for information about the data we may collect and use. Our Privacy Policy is incorporated in these Terms and is available at www.crowdai.com/privacy.
YOU AGREE THAT CROWDAI MAY MONITOR YOUR USE OF THE SITE AND PLATFORM TO ENSURE QUALITY, IMPROVE THE PLATFORM, AND TO VERIFY YOUR COMPLIANCE WITH THE TERMS. You understand and agree that CrowdAI may track your movement on the Site and Platform and anonymize the data for the purposes of quality assurance, technical support, or Platform improvements. By visiting the Site, and using the Platform, you agree to the collection and use of
such data.
6. User Content
Summary: If you post your content and data on the Platform, you own it. If you create labels for your content by using the Platform, then you own them. You may not sell, license, or distribute the labels or output to third parties. You give us permission to use the data you upload and create on our Platform to improve the Platform. Please don’t upload images of faces, porn, or other such things (see Platform and Restrictions). Again, be reasonable and responsible and we’re all good.
For purposes of these Terms: “User Content” means data, information, text, graphics, images, software, audio, video, and any other materials of any kind, and information or other materials that are posted, generated, provided, or otherwise contributed by you through the Platform. Specifically, User Content includes the labels and other output that you create by using the Platform.
You are responsible for the User Content that you post to the Platform and create by using the Platform, including its legality, reliability, and appropriateness. You represent to CrowdAI that: (i) you own the User Content or have all the rights, permissions, and licenses necessary to use it; (ii) by submitting the User Content through the Platform you do not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any other party or Applicable Law; and (iii)
the User Content will not include any information or data that is deemed personal information or personal data under and subject to any applicable data protection laws or regulations (except for your information required to create an Account). CrowdAI disclaims any liability or responsibility for any corruption, destruction, or loss of your User Content.
CrowdAI does not claim any ownership rights in any User Content that you make available through the Platform. Notwithstanding the foregoing, you hereby grant us a non-exclusive, royalty free, worldwide license to access and use the User Content for the purposes of providing the Platform to you and developing, maintaining, supporting, and improving the Platform (including after you cease use of the Platform or terminate these Terms). At your request, we will delete any of your User
Content from our Platform. To request such a deletion, email privacy@crowdai.com.
You may not sell, license, or distribute to any third party (whether for free or for cost) the output of the Platform or the labels that you create using the Platform. If you wish to do so, please contact us at hello@crowdai.com.
We will never sell your User Content.
7. CrowdAI Content
Summary: You may use the content and information we post to better use the Platform.
Subject to your compliance with these Terms, CrowdAI grants you a limited, non-exclusive, non- transferable, non-sub licenseable license to access and view our materials, content, and information made available to you on the Platform (“CrowdAI Content”) solely in connection with your permitted use of the Platform. For the purposes of these Terms, CrowdAI Content shall include all text, graphics, images, site and screen layouts, arrangements and themes, music, software, audio, video, works of authorship by us or our affiliates of any kind, and information or other materials that are posted or generated on the Platform by CrowdAI or our affiliates.
8. Intellectual Property
Summary: We own the Platform and any content and information we make available to you.
The Platform contains material that may be protected by patent, copyright, trademark and other proprietary rights, including, but not limited to, audio, video, graphic, photographic and text information and all CrowdAI Content. CrowdAI and any of its licensors exclusively own all right, title and interest in and to the Platform and CrowdAI Content, including all associated intellectual property rights. All of our rights not expressly granted in these Terms are hereby retained by us.
9. Feedback
Summary: We can use your suggestions to make CrowdAI better!
We welcome feedback, comments and suggestions for improvements to the Platform. You can submit feedback by emailing us at product-feedback@crowdai.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.
10. Consent to Publicity
Summary: We can publicize that you are our customer.
If you are an organization, then You agree that we may publicly identify you as a customer of ours and you agree that we may refer to you by name, trade name, and trademark, if applicable, and may briefly describe your business in our marketing materials and Site.
11. Third Party Resources and Links
Summary: The Platform may contain links to third party sites and content, we’re not responsible for those.
The Platform may contain links to or advertisements of third party websites (that are not affiliated with you or other users), and third party programs, including open source material (collectively “Third Party Resources”). We are not responsible for Third Party Resources on or available from third party sources, and you are subject to the terms, conditions and/or licenses of the applicable third party(ies) in connection with your access to, use of or reliance on Third Party Resources. You acknowledge sole responsibility for and assume all risk arising from your access, use or reliance on any Third Party Resources.
12. Indemnity
Summary: If we are sued because of something you upload to or do on the Platform, you agree to protect us and pay our costs.
You agree to defend, indemnify and hold harmless CrowdAI and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), that arise from or are caused by: (i) your use of and access to the Platform; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any proprietary, copyright, property, moral or privacy right; or (iv) any claim that your User Content caused damage to any third party or violated any Applicable Law. This section shall survive these Terms and your use and termination of the Platform.
13. Term and Termination
Summary: You can stop using your Account and our Platform at any time. We can also stop providing our Platform to you (or anyone) at any time.
These Terms shall apply for as long as you have an Account with CrowdAI and use the Platform. We may suspend or terminate your Account if we believe you are in breach of these Terms or as determined in our sole discretion. If you would like to terminate these Terms, you may do so by canceling your Account. You may delete your Account at any time, which will terminate these Terms, by requesting an Account deletion in the Account Settings of the Site or by emailing us at hello@crowdai.com. Upon any termination, discontinuation, or cancellation of the Platform or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.
14. Warranty Disclaimers
YOU UNDERSTAND THAT THE SITE, PLATFORM AND DOCUMENTATION HAVE NOT BEEN FULLY TESTED AND MAY CONTAIN DEFECTS. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING ITS USE, PERFORMANCE, OPERATION, APPLICATIONS PORTABILITY BETWEEN SUBSEQUENT VERSIONS AND FINAL VERSION OR SUPPORT. CROWDAI, WITHOUT LIMITATION, MAKES NO REPRESENTATIONS OR WARRANTIES OF TITLE,
NON-INFRINGEMENT, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND PLATFORM ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
15. Additional Disclaimers
YOU ACKNOWLEDGE THAT CROWDAI HAS NOT: (A) ALLOWED FULL PUBLIC ACCESS TO THE PLATFORM; OR (B) PROMISED OR GUARANTEED TO YOU THAT THE SITE AND PLATFORM SHALL BE MADE AVAILABLE TO YOU OR ANY THIRD PARTY IN THE FUTURE. ACCORDINGLY, YOU ACKNOWLEDGE THAT CROWDAI MAY UNDERTAKE RESEARCH OR DEVELOPMENT TO IMPROVE THE PLATFORM, AND YOUR CONTINUED USE OF THE PLATFORM IS ENTIRELY OF YOUR OWN VOLITION. SPECIFICALLY, THE PLATFORM MAY CONTAIN FEATURES, FUNCTIONALITY OR MODES THAT MAY NOT BE INCLUDED, AT CROWDAI’S SOLE DISCRETION, IN THE PRODUCTION (NON-BETA) VERSION OF THE PLATFORM OR THAT MAY BE MARKETED SEPARATELY FOR ADDITIONAL FEES.
16. Limitation of Liability
YOU UNDERSTAND THAT THE SITE AND PLATFORM ARE PROVIDED “AS-IS”, WITH OR WITHOUT CHARGE, FOR LIMITED EVALUATION PURPOSES. NEITHER CROWDAI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PLATFORM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR CROWDAI CONTENT (INCLUDING BUT NOT LIMITED TO LOSS OR UNCONSENTED TO DISCLOSURE OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PLATFORM TO OPERATE WITH ANY OTHER PROGRAMS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT CROWDAI 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.
IN NO EVENT WILL CROWDAI’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR CROWDAI CONTENT EXCEED ONE HUNDRED DOLLARS ($100).
17. Dispute Resolution
We prefer to resolve things amicably when possible; therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Platform. Start by notifying us of your dispute by sending a notice to hello@crowdai.com.
Informal Negotiations: Parties to a dispute concerning these Terms, the Privacy Policy, or the use of the Platform will attempt to informally negotiate a potential settlement or resolution to the dispute.
Binding Arbitration: If for any reason informal negotiations are unsuccessful or unavailable to the parties, you agree to submit to binding arbitration abiding by JAMS rules in the jurisdiction of the State of California. Each of us is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
This Agreement and all related documents are governed by, and construed in accordance with, the laws of the State of California, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of California. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement shall be federal or state court located in San Francisco County,
California, and the parties irrevocably consent to the personal jurisdiction of such courts. Each partyac knowledges and agrees that any controversy that may arise under these Terms, is likely to involve complicated and difficult issues and, therefore, each party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement, including any exhibits, schedules, attachments, and appendices attached to this
Agreement, or the transactions contemplated hereby.
18. General Terms
Entire Agreement; Severability
Summary: these terms are our agreement together.
These Terms constitute the entire and exclusive understanding and agreement between CrowdAI and you, except as may be provided in any other writing signed by the Parties. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.
Notices
Any notices or other communications provided by CrowdAI under these Terms, including those regarding modifications to these Terms, will be given by us by posting to the Platform.
No Waiver
CrowdAI’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CrowdAI. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
CrowdAI, Inc. (“CrowdAI,” “we,” or “us”) offers an easy to use, web-based, artificial intelligence technology platform that allows users (that’s you!) to upload their User Content (as defined below) and label and/or classify that User Content, either manually or via machine learning (the “Platform”). You can use the Platform to create training data for machine learning models and create machine learning models to analyze your User Content.
Please read these Terms and Conditions (the “Terms”) carefully because they govern your use of our website, https://crowdai.com (the “Site”) and our Platform. If you have any questions, contact us at hello@crowdai.com.
1. Agreement to Terms
Summary: If you sign up for an account or use our Platform, then you agree to these terms.
By requesting an Account (as defined below), signing these Terms, or accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, it’s simple: do not use the Platform.
2. Changes to Terms or Platform
Summary: We may update these terms at any time.
We may modify the Terms and our Platform at any time, in our sole discretion. If we do so, we will notify you by posting on the Site. It’s important that you review the Terms whenever we modify them because continuing to use the Platform after we have posted modified Terms on the Site indicates to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then please discontinue use of the Platform immediately. Because our Platform is
evolving over time we may change or discontinue all or any part of the Platform, at any time and without notice to you, at our sole discretion.
3. User Accounts
Summary: You need an account to access and use the Platform. You can’t use the Platform if you’re under 18. Also, if you are using the Platform on behalf of a business, then you agree to these terms and conditions on behalf of that business.
In order to access and use the Platform, you will need to request the ability to create a crowdai.com account (“Account”). We will review your request and we may reject or accept your request, at our sole discretion. By requesting and/or creating an Account, you represent to us that you are 18 years of age or older and are not barred from using the Platform under applicable law. By submitting information to us in the sign-up process, you expressly authorize us to retain certain of that
information on your behalf and permit us to store such information for the purpose of providing and improving the Platform.
If you are requesting and/or creating an Account and entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case, “you” will refer to such entity.You may not use the Platform under the name of another person with the intent to impersonate that person or use a username that is subject to rights of another person. You must be a human to use the Platform and an automated account is not allowed. “Robot” or automatic logging in to the Platform and subsequent automatic activity is not allowed; however, if permitted by us, you may
connect automatically via APIs we make available to you. We reserve the right to refuse your access to or use of the Platform, in our sole discretion, if any information provided violates our Terms.
4. Platform and Restrictions
Summary: Do wonderful and interesting things with the Platform and keep it kind, legal, and non-nefarious. Be reasonable and responsible and we’re all good.
You may access and use the Platform for your own internal purposes. You will not and will not allow any third party to, directly or indirectly: (i) reverse engineer,
decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Platform or any application programming interfaces, software, documentation or data related to the Platform; (ii) use the Platform, CrowdAI Content or documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable laws, rules, or regulations (including, without limitation, applicable data privacy laws, regulations, and guidance) (collectively, “Applicable Law”); (iii) modify, translate, or create derivative works based on the Site, the Platform or the CrowdAI Content (except to the extent expressly permitted by CrowdAI or authorized within the Platform); (iv) use the Platform for time-sharing or service bureau purposes or otherwise for the benefit of a third party; (v) remove any proprietary notices or labels, (vi) create any software or application that replicates or competes with the Platform or CrowdAI Content; (vi) use the Platform for any facial recognition purposes or that infringes, violates, or impacts an individual’s privacy or rights; (vii) engage in, promote, or encourage illegal activity in connection with the Platform; or (viii) access or use the Platform for any unlawful, invasive, infringing, defamatory, or fraudulent purposes.
5. Privacy
Summary: Your privacy is important to us. Please review our Privacy Policy for information about the data we may collect and use. Our Privacy Policy is incorporated in these Terms and is available at www.crowdai.com/privacy.
YOU AGREE THAT CROWDAI MAY MONITOR YOUR USE OF THE SITE AND PLATFORM TO ENSURE QUALITY, IMPROVE THE PLATFORM, AND TO VERIFY YOUR COMPLIANCE WITH THE TERMS. You understand and agree that CrowdAI may track your movement on the Site and Platform and anonymize the data for the purposes of quality assurance, technical support, or Platform improvements. By visiting the Site, and using the Platform, you agree to the collection and use of
such data.
6. User Content
Summary: If you post your content and data on the Platform, you own it. If you create labels for your content by using the Platform, then you own them. You may not sell, license, or distribute the labels or output to third parties. You give us permission to use the data you upload and create on our Platform to improve the Platform. Please don’t upload images of faces, porn, or other such things (see Platform and Restrictions). Again, be reasonable and responsible and we’re all good.
For purposes of these Terms: “User Content” means data, information, text, graphics, images, software, audio, video, and any other materials of any kind, and information or other materials that are posted, generated, provided, or otherwise contributed by you through the Platform. Specifically, User Content includes the labels and other output that you create by using the Platform.
You are responsible for the User Content that you post to the Platform and create by using the Platform, including its legality, reliability, and appropriateness. You represent to CrowdAI that: (i) you own the User Content or have all the rights, permissions, and licenses necessary to use it; (ii) by submitting the User Content through the Platform you do not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any other party or Applicable Law; and (iii)
the User Content will not include any information or data that is deemed personal information or personal data under and subject to any applicable data protection laws or regulations (except for your information required to create an Account). CrowdAI disclaims any liability or responsibility for any corruption, destruction, or loss of your User Content.
CrowdAI does not claim any ownership rights in any User Content that you make available through the Platform. Notwithstanding the foregoing, you hereby grant us a non-exclusive, royalty free, worldwide license to access and use the User Content for the purposes of providing the Platform to you and developing, maintaining, supporting, and improving the Platform (including after you cease use of the Platform or terminate these Terms). At your request, we will delete any of your User
Content from our Platform. To request such a deletion, email privacy@crowdai.com.
You may not sell, license, or distribute to any third party (whether for free or for cost) the output of the Platform or the labels that you create using the Platform. If you wish to do so, please contact us at hello@crowdai.com.
We will never sell your User Content.
7. CrowdAI Content
Summary: You may use the content and information we post to better use the Platform.
Subject to your compliance with these Terms, CrowdAI grants you a limited, non-exclusive, non- transferable, non-sub licenseable license to access and view our materials, content, and information made available to you on the Platform (“CrowdAI Content”) solely in connection with your permitted use of the Platform. For the purposes of these Terms, CrowdAI Content shall include all text, graphics, images, site and screen layouts, arrangements and themes, music, software, audio, video, works of authorship by us or our affiliates of any kind, and information or other materials that are posted or generated on the Platform by CrowdAI or our affiliates.
8. Intellectual Property
Summary: We own the Platform and any content and information we make available to you.
The Platform contains material that may be protected by patent, copyright, trademark and other proprietary rights, including, but not limited to, audio, video, graphic, photographic and text information and all CrowdAI Content. CrowdAI and any of its licensors exclusively own all right, title and interest in and to the Platform and CrowdAI Content, including all associated intellectual property rights. All of our rights not expressly granted in these Terms are hereby retained by us.
9. Feedback
Summary: We can use your suggestions to make CrowdAI better!
We welcome feedback, comments and suggestions for improvements to the Platform. You can submit feedback by emailing us at product-feedback@crowdai.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.
10. Consent to Publicity
Summary: We can publicize that you are our customer.
If you are an organization, then You agree that we may publicly identify you as a customer of ours and you agree that we may refer to you by name, trade name, and trademark, if applicable, and may briefly describe your business in our marketing materials and Site.
11. Third Party Resources and Links
Summary: The Platform may contain links to third party sites and content, we’re not responsible for those.
The Platform may contain links to or advertisements of third party websites (that are not affiliated with you or other users), and third party programs, including open source material (collectively “Third Party Resources”). We are not responsible for Third Party Resources on or available from third party sources, and you are subject to the terms, conditions and/or licenses of the applicable third party(ies) in connection with your access to, use of or reliance on Third Party Resources. You acknowledge sole responsibility for and assume all risk arising from your access, use or reliance on any Third Party Resources.
12. Indemnity
Summary: If we are sued because of something you upload to or do on the Platform, you agree to protect us and pay our costs.
You agree to defend, indemnify and hold harmless CrowdAI and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), that arise from or are caused by: (i) your use of and access to the Platform; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any proprietary, copyright, property, moral or privacy right; or (iv) any claim that your User Content caused damage to any third party or violated any Applicable Law. This section shall survive these Terms and your use and termination of the Platform.
13. Term and Termination
Summary: You can stop using your Account and our Platform at any time. We can also stop providing our Platform to you (or anyone) at any time.
These Terms shall apply for as long as you have an Account with CrowdAI and use the Platform. We may suspend or terminate your Account if we believe you are in breach of these Terms or as determined in our sole discretion. If you would like to terminate these Terms, you may do so by canceling your Account. You may delete your Account at any time, which will terminate these Terms, by requesting an Account deletion in the Account Settings of the Site or by emailing us at hello@crowdai.com. Upon any termination, discontinuation, or cancellation of the Platform or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.
14. Warranty Disclaimers
YOU UNDERSTAND THAT THE SITE, PLATFORM AND DOCUMENTATION HAVE NOT BEEN FULLY TESTED AND MAY CONTAIN DEFECTS. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING ITS USE, PERFORMANCE, OPERATION, APPLICATIONS PORTABILITY BETWEEN SUBSEQUENT VERSIONS AND FINAL VERSION OR SUPPORT. CROWDAI, WITHOUT LIMITATION, MAKES NO REPRESENTATIONS OR WARRANTIES OF TITLE,
NON-INFRINGEMENT, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND PLATFORM ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
15. Additional Disclaimers
YOU ACKNOWLEDGE THAT CROWDAI HAS NOT: (A) ALLOWED FULL PUBLIC ACCESS TO THE PLATFORM; OR (B) PROMISED OR GUARANTEED TO YOU THAT THE SITE AND PLATFORM SHALL BE MADE AVAILABLE TO YOU OR ANY THIRD PARTY IN THE FUTURE. ACCORDINGLY, YOU ACKNOWLEDGE THAT CROWDAI MAY UNDERTAKE RESEARCH OR DEVELOPMENT TO IMPROVE THE PLATFORM, AND YOUR CONTINUED USE OF THE PLATFORM IS ENTIRELY OF YOUR OWN VOLITION. SPECIFICALLY, THE PLATFORM MAY CONTAIN FEATURES, FUNCTIONALITY OR MODES THAT MAY NOT BE INCLUDED, AT CROWDAI’S SOLE DISCRETION, IN THE PRODUCTION (NON-BETA) VERSION OF THE PLATFORM OR THAT MAY BE MARKETED SEPARATELY FOR ADDITIONAL FEES.
16. Limitation of Liability
YOU UNDERSTAND THAT THE SITE AND PLATFORM ARE PROVIDED “AS-IS”, WITH OR WITHOUT CHARGE, FOR LIMITED EVALUATION PURPOSES. NEITHER CROWDAI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PLATFORM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR CROWDAI CONTENT (INCLUDING BUT NOT LIMITED TO LOSS OR UNCONSENTED TO DISCLOSURE OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PLATFORM TO OPERATE WITH ANY OTHER PROGRAMS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT CROWDAI 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.
IN NO EVENT WILL CROWDAI’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR CROWDAI CONTENT EXCEED ONE HUNDRED DOLLARS ($100).
17. Dispute Resolution
We prefer to resolve things amicably when possible; therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Platform. Start by notifying us of your dispute by sending a notice to hello@crowdai.com.
Informal Negotiations: Parties to a dispute concerning these Terms, the Privacy Policy, or the use of the Platform will attempt to informally negotiate a potential settlement or resolution to the dispute.
Binding Arbitration: If for any reason informal negotiations are unsuccessful or unavailable to the parties, you agree to submit to binding arbitration abiding by JAMS rules in the jurisdiction of the State of California. Each of us is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
This Agreement and all related documents are governed by, and construed in accordance with, the laws of the State of California, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of California. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement shall be federal or state court located in San Francisco County,
California, and the parties irrevocably consent to the personal jurisdiction of such courts. Each partyac knowledges and agrees that any controversy that may arise under these Terms, is likely to involve complicated and difficult issues and, therefore, each party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement, including any exhibits, schedules, attachments, and appendices attached to this
Agreement, or the transactions contemplated hereby.
18. General Terms
Entire Agreement; Severability
Summary: these terms are our agreement together.
These Terms constitute the entire and exclusive understanding and agreement between CrowdAI and you, except as may be provided in any other writing signed by the Parties. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.
Notices
Any notices or other communications provided by CrowdAI under these Terms, including those regarding modifications to these Terms, will be given by us by posting to the Platform.
No Waiver
CrowdAI’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CrowdAI. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.