You agree that by accessing or utilizing our Services in any way, you have read, understood, and agree to be bound by all of the terms and conditions of this Agreement. If you do not agree with all of the terms and conditions of this Agreement, then you are expressly prohibited from using our Services and you must discontinue use immediately.
Our Privacy Policy, along with supplemental terms and conditions or documents that may be posted on or through the Services from time to time, are hereby expressly incorporated into this Agreement by reference. We reserve the right, in our sole discretion, to make changes or modifications to this Agreement at any time and for any reason, without the requirement to provide advance or specific notice to any user. You waive any right to receive specific notice of each such change or modification. All changes or modifications shall be effective immediately upon the posting of a new “Last Updated” date at the top of this page. It is your responsibility to routinely review this Agreement to stay informed of updates, modifications, or changes. You will be subject to, and will be deemed to have been made aware of and to have accepted, any and all changes or modifications to this Agreement by virtue of your continued use of the Services after any date the Agreement is updated.
The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or, which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access or utilize the Services from locations outside of the United States do so on their own initiative, and, are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
If you access the Services through use of the Internet, it is your sole responsibility to maintain your hardware, software and connectivity at your own expense unless otherwise agreed to in writing by you and us. Outside of any such agreement, you acknowledge that you are solely responsible for upgrading and configuring your systems to be and to remain compatible with our Services.
You affirm that you are at least eighteen (18) years old, or, that you possess legal parental or guardian consent, to use the Services. You further affirm that you have the legal capacity required to enter into all of the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to comply with this Agreement.
Unless otherwise indicated, our Services are proprietary intellectual property and all source code, databases, features and functionality, hardware, software, designs, audio, video, text, images, photographs, graphics and other material connected with the Services (collectively, the “Content”), and the trademarks, service marks, trade names, service names, designs, trade dress, branding and logos contained therein (the “Marks”) are owned or controlled by us, or, licensed to us, and are protected by a multitude of intellectual property laws and unfair competition laws of the United States, in foreign jurisdictions, and under international treaties and conventions. Any use of the Content or Marks not expressly permitted by this Agreement may violate copyright, trademark, and other laws.
You acknowledge that you do not acquire any ownership rights by accessing or using the Services or the Content. The Content and the Marks are provided through the Services “AS IS” for your information and personal use only. Except as expressly provided in this Agreement no part of the Services, and no Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, modified, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, in whole or in part, without our express prior written permission.
By accessing or using the Services, you represent, warrant and covenant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, or fail to update information you’ve provided on a timely basis, or if we have reason to believe that information you’ve provided is not current, untrue, inaccurate, or incomplete, we have the right to suspend or terminate your access to the Services (or any portion thereof), and to make any report we feel is necessary or appropriate to law enforcement authorities.
You may not access or use the Services for any purpose other than those purposes for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:
From time to time, the Services may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). The term “Contributions” as used herein shall include any questions, comments, suggestions, ideas, feedback, or other information regarding the Services that you provide.
Contributions may be viewable by other users of the Services as well as through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary for all purposes. When you create or make available any Contributions, you represent and warrant that:
Any use of the Services in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Services, without notice. You agree that we have the right, but not the obligation, to monitor all content on the Services and remove any material that we, in our sole discretion, find to be in violation of the provisions herein, or otherwise objectionable.
By posting your Contributions to or through any part of the Services, you automatically grant to us, and you represent and warrant that you have the right to grant to us, an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, sublicensable, transferable, royalty-free, fully-paid up, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, edit, modify, excerpt (in whole or in part), create derivative works from, display and distribute such Contributions for any purpose, subject to our sole discretion (the “License”).
This License will apply to any form, media, or technology now known or hereafter developed. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
Notwithstanding anything else in this section or in this Agreement, you shall be solely responsible for your Contributions and the consequences of posting or publishing them. We are not liable for any statements or representations in your Contributions. You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We must maintain certain data that you transmit to the Services for the purpose of operating the Services and for other legitimate business purposes. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
The Services may from time to time contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, we have no control over such Third-Party Websites or Third-Party Content, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, or linking to, any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to exit the Services and access the Third-Party Websites, or, to use or install any Third-Party Content, you do so at your own risk, and you should be aware that this Agreement no longer governs.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website or application to which you navigate from the Services, or, relating to any applications you use or install from or through the Services.
By using the Services, you expressly relieve us from any and all liability arising from your use of any Third-Party Website that you visit through or via the Services – any access by you of Third-Party Websites shall be entirely at your own risk. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
An essential part of the Services involves alerting a user’s designated emergency contacts in the event of a safety issue or concern determined by the Services, for example, an emergency monitoring center or emergency response agency. xSafety cannot be and shall not be responsible for the response time, actions, inactions, or omissions of these third parties.
We reserve the right, but are under no obligation, to:
Under no circumstances shall we be held liable for any loss or damage caused by your reliance on information, materials or Content obtained on or through the Services. It is your responsibility to independently evaluate the information, opinions, advice, or other content available through the Services.
This Agreement shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING AND WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT, OR, VIOLATION OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE SERVICES AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. WE MAY DISCONTINUE SERVICES AT ANYTIME, WITHOUT WARNING OR NOTICE, IN OUR SOLE DISCRETION.
In addition to terminating or suspending your access to the Services, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove any aspects of the Services at any time or for any reason at our sole discretion without notice. However, we are under no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or to any third party for any modification, change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. Temporary interruptions of the Services may occur as normal events.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
Nothing in this Agreement will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
You acknowledge, understand and agree that the pricing for xSafety.ai’s Services (the “Pricing”) is variable and based on specific use cases. Where applicable based on the user, additional details on payment terms and cancellation policies shall be provided, and, incorporated fully into this Agreement by reference.
Generally, we maintain a mandatory policy of commitment by the user to pay for any Services agreed upon for the duration of any agreed-upon period, and do not offer refunds under any circumstances. Any attempts to avoid payment or ‘chargeback’ shall be met with additional fees, subject to our sole and absolute discretion, to the extent permitted by applicable law.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, AND, WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS; AND/OR (7) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE OR ERROR FREE. AS WITH THE PURCHASE AND USE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
As the Services provided by xSafety.ai include the use of AI technology at a leading age stage of development which continues to advance and evolve, the Services may include an occasional inherent error, from time to time, including but not limited to false positives, false negatives, and missed detections. In any such event, you represent and warrant that you shall not hold xSafety.ai, or any of its affiliates, liable for failures or delays in threat detection, communication channel notification, errors in human verification, or similar.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SEVRVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY: (I) LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY PRODUCT OR SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SERVICES OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, GRAPHICS OR CONTENT OBTAINED THROUGH THE SERVICES; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (VII) ANY PROPERTY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SERVICES; (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SERVICES; (IX) ANY DELAY OR INABILITY TO USE THE SERVICES; AND/OR (X) ANY CONTENT, OTHER INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES.
THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING IS SOLEY YOUR OWN.
IF YOU ARE DISSATISFIED WITH THE SERVICES, THE CONTENT, ANY OTHER INFORMATION FOUND THEREON, OR WITH ANY PART OF THIS AGREEMENT OR THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IF, NOTWITHSTANDING THE FOREGOING, WE ARE FOUND LIABLE UNDER ANY LEGAL THEORY FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF THE SERVICES, YOU AGREE THAT OUR LIABILITY SHALL IN NO EVENT EXCEED TWENTY-FIVE DOLLARS ($25.00).
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE FOREGOING EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE CLAIM ARISES OR BE FOREVER BARRED. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
As a user of xSafety.ai’s Services, you agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) your use of the Services and Content; (3) breach of this Agreement or any other agreement with us; (4) your violation of the rights of a third party, including but not limited to copyright, property or privacy rights; (5) your negligence or willful misconduct; or (6) any overt harmful act toward any other user of the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Accessing and using the Services, sending us emails, and completing online forms all constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
