These Terms of Service (these “Terms”) govern the access to and use of websites, services, and applications relating to the product generally known as Pretrained.ai (collectively, the “Service”) provided by Strong Analytics, LLC, an Illinois limited liability company (the “Company”). Each person accessing or using the Service is a “User.” If User is accessing or using the Service on behalf of another person, entity, or organization, then User is agreeing to these Terms on behalf of such person, entity, or organization and User represents and warrants that User has the authority to do so. References to “User” below will include such person, entity, or organization. Each User’s access to and use of the Service is conditioned on the User’s agreement with and compliance with these Terms.
Subject to these Terms, the Company gives User a personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the Service. The Company reserves all rights not expressly granted in these Terms. The Company can terminate this license at any time for any reason or for no reason.
For the avoidance of doubt, the output generated by User’s use of the Service will, as between the Company and User, be owned by User.
Certain features, access rights, usage volumes, and other aspects of the Service may be subject to payment requirements. Such payment requirements may be a one-time requirement, based on a subscription, or based on other payment arrangements set forth in the Service (collectively, “Pricing Terms”). Pricing Terms are established and priced at the discretion of the Company and may change from time to time. To initiate a payment, User must enter a valid debit or credit card or follow such other payment arrangements as may be set forth in the Service or agreed in writing with the Company. If the Service sets forth any minimum purchase, minimum term, cancellation policies, renewal policies, refund policies, or other policies and terms and conditions regarding Pricing Terms, User will be bound by such policies and terms and conditions.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and User will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes on the Company’s income.
If User believes that the Company has charged User in error, User must contact the Company within 30 days of such charge in order to be eligible for a refund.
If User pay by debit card and the payment results in an overdraft or other fee, User alone is responsible for that fee.
All of User’s data may be immediately deleted from the Service if User’s account is canceled or terminated for any reason. Once deleted, this information will not be recoverable. Termination of the Service will result in the deletion of User’s account, if any, and all of User’s data.
Only Users who create an account can access or use certain functions of the Service, as from time to time determined by the Company in its sole discretion. User will provide accurate information when creating an account. The Company may establish different types of accounts for different types of users or organizations. User may never use another user’s account without the Company’s permission.
If User connects to the Service with a third-party service, User gives the Company permission to access and use User’s information from that service as permitted by that service and to store User’s access credentials for that service.
User is responsible for safeguarding the password and other login credentials (collectively, “Login Credentials”) that User uses to access the Service, and for any activities or actions under User’s Login Credentials, whether specific Login Credentials are with the Company or a third-party service. Same criteria applies to any assigned API key(s). the Company encourages use of “strong” passwords that are long and use a combination of upper case letters, lower case letters, numbers and symbols with each account. User agrees not to disclose User’s Login Credentials and API key(s) to any third party. User will notify the Company immediately upon becoming aware of any breach of security or unauthorized use of User’s account.
All data and content that a User inputs, posts, transmits, streams, uploads, or otherwise provides (collectively, “Provides”) to the Service is the sole responsibility of the User. The Company does not control the data analyzed via the Service and does not guarantee the integrity, quality, accuracy or usefulness of such data or content.
User may only Provide data and content to the Service that User owns or has the right to Provide it and use it with the Service. User covenants and represents and warrants that its data and its Provision does not (i) infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or privacy laws, (ii) violate any law, statute, ordinance or regulation (including without limitation those governing export control or consumer protection), or (iii) cause the Company to violate any agreement with its internet service providers or other suppliers.
The Company may from time to time change the Service by adding, removing, discontinuing or revising its features. The Company may or may not give notice of such changes. The Company may also temporarily or permanently stop providing the Service, or any features within the Service, to User or to users generally and may or may not provide User with prior notice.
The Company, in its sole discretion, retains the right to lock or refuse access to the Service and to suspend or terminate any User account and/or refuse any and all current or future use of the Service, for any reason or no reason, at any time.
User agrees not to misuse, or attempt to misuse, the Service. The following is a non-exclusive list of activities that constitutes misuse:
The Company may investigate, suspend, and/or terminate User’s account without notice if User violates any of the above rules or if the Company reasonably believes that such violation exists.
Except for User-provided content, the content of the Service, including without limitation the text, software, scripts, source code, API, graphics, audio-visual content and interactive features and the trademarks, service marks and logos contained therein (“Company Content”), are owned by or licensed to the Company, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms. The Company reserves all rights not expressly granted in and to the Company Content and the Service, and these Terms do not transfer ownership of any of these rights.
Any suggests, feedback, or other comments that User may provide regarding the Company or the Service is entirely voluntary, and the Company will be free to use such comments for any purpose and without any obligation to User.
User will not perform or publish any benchmark or performance tests or analysis relating to the Service without prior written authorization from the Company. User will not republish information provided by the Company in aggregated or collected formats.
User will not access or reverse engineer the Service in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, or functions of the Service, or (iii) copy any ideas, features, or functions of the Service. User will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Service, features or ideas from the Services, or any portion of them. User will not circumvent any technology used by the Company or its licensors to protect information accessible via the Service.
The Company may provide notifications, whether these are required by law or are for marketing or other business related purposes, to User via email notice, hard copy notice, or through posting of such notice via the Service, as determined by the Company in its sole discretion. User can opt out of certain types of notifications through User’s account settings.
USER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT USER’S USE OF THE SERVICE ARE AT USER’S OWN RISK AND THAT THE SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. THE COMPANY, ITS OWNERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY, ITS OWNERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SERVICE AND/OR (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES OR SERVICES LINKED (THROUGH HYPERLINKS OR OTHERWISE) TO THE SERVICE, AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET USER’s REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR USE OF THE SERVICE.
IN NO EVENT WILL THE COMPANY, ITS OWNERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD PARTY LICENSORS AND SERVICE PROVIDERS BE LIABLE TO USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SERVICE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES OR SERVICES LINKED (THROUGH HYPERLINKS OR OTHERWISE) TO THE SERVICE, (III) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (IV) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (V) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THE SERVICE OR ANY SITES OR SERVICES LINKED (THROUGH HYPERLINKS OR OTHERWISE) TO THE SERVICE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THE SERVICE OR ANY SITES OR SERVICE LINKED (THROUGH HYPERLINKS OR OTHERWISE) TO THE SERVICE, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COMPANY OR ITS OWNERS, AFFILIATES, AGENTS, MANAGERS, DIRECTORS, EMPLOYEES, LICENSORS OR SUPPLIERS BE LIABLE TO USER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT USER PAID TO THE COMPANY HEREUNDER.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT USER’S OWN RISK AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTERS, SYSTEMS AND DEVICES OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USER’S USE OF THE SERVICE.
THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM USER’S FAILURE TO COMPLY WITH THESE TERMS.
THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR USER’S USE OF THE SERVICE OR THE SERVICES FOUND AT THE SERVICE.
User agrees to defend, indemnify and hold harmless the Company and its owners, affiliates, agents, managers, directors, employees, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from User’s use of and access to the Service, including any data or content transmitted or received by User, any other party’s access or use of the Service with User’s Login Credentials, or User’s violation of these Terms or applicable law, rule or regulation.
The Company may revise these Terms from time to time. The most recently revised version will be available via the Service. The Company will provide notice of any revisions determined by the Company, in its sole discretion, to be material. By continuing to access or use the Service after revisions become effective, User agrees to be bound by the revised Terms.
User may use the Service only if User can form a binding contract with the Company and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by User. Any attempted transfer or assignment by User will be null and void. The Company may transfer and assign these Terms and all rights and licenses granted hereunder without restriction. In the event of a sale by the Company of its business providing or offering the Services (or portion thereof), User accounts and related data may also be transferred and assigned.
If the Company and User are unable to resolve a dispute informally, the Company and User agree to resolve any claim, dispute, or controversy (excluding any the Company claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of Chicago, Illinois under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this paragraph shall be deemed as preventing the Company from seeking injunctive or other equitable relief from the courts as necessary to protect any of the Company’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. USER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, USER AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
These Terms are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
These Terms, as from time to time amended, will constitute the entire agreement between User and the Company concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any provision of these Terms will be deemed a further or continuing waiver of such term or any other term. The Company’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
Nothing in these Terms confers on any third party any rights or benefits except as expressly set forth in the No Warranty, Limitation of Liability and Indemnification sections above.
Effective Date: October 19, 2020
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