Introduction
Scope
Welcome to UnleashX! These Terms of Service (these "Terms") of UnleashX Private Limited ("we," "our," or "us"), are an agreement that describes your and our rights, obligations, and responsibilities.
More specifically, these Terms govern how you may access and use: (i) unleashx.ai, its subdomains, and any other website where these Terms are posted; (ii) our online hosted services; and (iii) our "Software," meaning, collectively, our browser extensions, integrations, mobile applications, other downloadable apps, application programming interfaces ("APIs"), and tools and documentation ((i) through (iii) collectively, our or the "Services").
Read these Terms Carefully
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY CREATING AN UNLEASHX ACCOUNT, CLICKING "SIGN UP", "SIGN UP WITH GOOGLE", "SIGN UP FOR FREE", "SUBMIT", OR THE LIKE INDICATING ACCEPTANCE ELECTRONICALLY, BY AGREEING TO THESE TERMS IN AN ORDER FORM OR OTHER ORDERING DOCUMENT REFERENCING THESE TERMS, OR BY ACCESSING OR USING UNLEASHX, WHETHER OR NOT YOU ARE A REGISTERED USER OF UNLEASHX, YOU SIGNIFY THAT: (I) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS; (II) YOU HAVE READ, UNDERSTAND, AND ACKNOWLEDGE OUR PRIVACY POLICY, WHICH IS AVAILABLE AT WWW.UNLEASHX.IN/PRIVACY ("PRIVACY POLICY") AND IS INCORPORATED INTO THESE TERMS BY REFERENCE; AND (III) YOU HAVE READ, UNDERSTAND, AND AGREE TO COMPLY WITH ALL OTHER TERMS INCORPORATED INTO THESE TERMS BY REFERENCE. WE RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED UNDER THESE TERMS.
Organizations
If you are an individual and you access or use our Services on behalf of a company, organization, principal, or other entity, such as your employer (each, together with its affiliates, an "Organization"), then: (i) these Terms are an agreement between us and you and us and that Organization; (ii) you represent and warrant that you have the authority to bind that Organization to these Terms (and if you do not have the authority, you may not access or use our Services); (iii) your acceptance of these Terms will bind such Organization to these Terms; (iv) your individual right to access and use our Services may be suspended or terminated (and ownership and administration of your UnleashX Account (defined below) may be transferred) if you cease to be associated with, or cease to use an email address associated with, owned by, or provisioned by, that Organization; (v) we may disclose information regarding you and your use of the Services, including Your Content (defined below), to such Organization, or to appropriate individuals associated with that Organization; and (vi) the terms "you" and "your", as used in these Terms, refer to both you and such Organization.
If you sign up for our Services using an email address associated with, owned by, or provisioned by an Organization, or if an Organization pays fees due in connection with your access to or use of our Services (or reimburses you for payment of such fees), or otherwise, then we may deem you, in our sole discretion, to be accessing and using our Services on behalf of that Organization. You represent and warrant that all information that you provide to us regarding any Organization on whose behalf you use our Services, including information identifying other users associated with such Organization or email domains owned by such Organization, is and at all times will be truthful, accurate, and complete, and that you will immediately notify us should any such information change or no longer be truthful, accurate, or complete.
If you are an Organization on whose behalf an individual user is accessing or using our Services as described above, then you are responsible for the acts and omissions of all such individual users, and for ensuring that all such individual users comply with these Terms.
If you are an individual user and are a member of, or have access to workspaces within the Services that are part of, an account that is not subject to these Terms as explicitly stated in an agreement governing such account (such as an Enterprise Scale, Enterprise, or Business plan account governed by a separate master subscription agreement), then these Terms govern your access to and use of the Services outside of such account and in any other workspace to which you have access or as to which you are an owner, collaborator, or member.
Our Services
Eligibility
You may use our Services only if you can form a legally binding contract with us (and on behalf of your Organization as applicable), and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. To use our Services, you must be at least 18 years old, and in some circumstances even older (please check your local law for the age of digital consent). You represent and warrant that you meet the applicable age requirements and are competent to agree to these Terms, or, if you are unable to form a binding contract under applicable law, you represent and warrant that you have your parent's or legal guardian's permission to use our Services, and that your parent or legal guardian is agreeing to these Terms concurrently. If you are a parent or legal guardian of a user of our Services who is unable to form a binding contract under applicable law, you are agreeing to these Terms and you are responsible for such user's activity on our Services. Our Services are not available to any users who were previously removed from the Services, unless our duly authorized representative agrees otherwise in writing.
Access, Restrictions, and Acceptable Use
Subject to your compliance with these Terms, you may access and use our Services during the Subscription Term (defined below), except as may be limited by your Organization. Except as we otherwise agree in writing or to the extent a restriction is prohibited by law, you must comply with our Acceptable Use Policy, as updated from time to time, which is available at http://www.unleashx.ai/aup and is incorporated into these Terms by reference ("Acceptable Use Policy").
UnleashX Accounts
Your account on our Services (your "UnleashX Account") gives you access to the services and functionality that we may establish and maintain from time to time. We may maintain different types of UnleashX Accounts for different types of users. You acknowledge and agree that you do not own your UnleashX Account.
You may not use another user's UnleashX Account without such user's permission. You are solely responsible for the activity that occurs on your UnleashX Account, and you must keep your UnleashX Account password(s) strong and secure. You should notify us immediately of any breach of security or unauthorized use of your UnleashX Account. Any individual with administrator-level access to your UnleashX Account can modify your UnleashX Account settings, access, and billing information. We will not be liable for any losses caused by any unauthorized use of your UnleashX Account, or for any changes to your UnleashX Account, including your ability to access your UnleashX Account or Your Content (defined below), made by any individual with administrator-level access to your UnleashX Account.
You may control certain aspects of your UnleashX Account profile and how you interact with our Services by changing the settings in your Account Settings page. If you provide us with your email address, we may use the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other marketing or advertising messages, such as changes to features of our Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by logging into our preference center with the email address associated with your UnleashX Account, or by clicking the unsubscribe link within each marketing or advertising message. Opting out will not prevent you from receiving Services-related notices.
Your Content
As between us and you, you (or your licensors) will own any and all information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly, from you (or on your behalf) by or through our Services ("Your Content"). If you are an individual using our Services on behalf of an Organization, we may assume, in our sole discretion, that all of Your Content belongs to that Organization. Notwithstanding the foregoing, you acknowledge and agree that we may retain, take possession of, delete, or deny you access to Your Content if we believe, in our sole discretion, that some or all of Your Content, or your use of our Services, violates these Terms (including our Acceptable Use Policy).
You (on behalf of yourself and your Organization, if applicable, and your other licensors) grant, and you represent and warrant that you have all rights necessary to grant, us an irrevocable, transferable, sublicensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to access, use, copy, store, modify, and display Your Content solely: (i) to provide, maintain, improve, or optimize use of our Services; (ii) to perform such other actions as authorized by you in connection with your use of our Services; (iii) where necessary (in our sole discretion) to ensure the stability and security of our Services and our systems; and (iv) for any other purpose consistent with the Privacy Policy.
If you are an individual using our Services on behalf of an Organization and are collaborating with other employees or other individuals who have access to Your Content under your UnleashX Account, or if you share Your Content with other individuals within or outside of such Organization, then Your Content that you make available to such other individuals (as well as other information, such as the names and contact information of other individuals who have access to your workspace(s) or Your Content within our Services) will be visible, accessible, and, depending on their designated level of access, editable by such individuals.
You can remove Your Content from your UnleashX Account by deleting it. However, in certain instances, some of Your Content may not be completely removed. We are not responsible or liable for the removal or deletion of any of Your Content, or any failure to remove or delete such content.
In connection with Your Content, you represent and warrant that: (i) you have all necessary rights, licenses, and consents to provide, receive, access, and/or use Your Content and any other content you provide, receive, access, and/or use through or in connection with our Services; and (ii) Your Content and our use thereof as contemplated by these Terms and our Services will not violate any law or infringe any rights of any third party, including any intellectual property rights and privacy rights.
We take no responsibility and assume no liability for Your Content. You shall be solely responsible for Your Content and the consequences of posting it, publishing it, sharing it, or otherwise making it available on our Services. You shall be solely responsible and indemnify us for Your Content.
Usage Data
We may collect and analyze data and other information regarding your use of the Services, including access, usage patterns, and performance (collectively, "Usage Data"). We are free at any time (including after termination of these Terms) to use such data and information for our business purposes, including but not limited to analytics, quality assurance, product and service development and improvement, and churn rate and service level analysis. For clarity, Usage Data does not include Your Content.
Software
To the extent you receive our Software, subject to your compliance with these Terms, during the applicable Subscription Term, we grant to you a non-exclusive, non-transferable, non-sublicensable right and license to use our Software solely as reasonably necessary for your use of our Services in accordance with these Terms.
Service Changes, Suspension, and Termination
You may cancel your UnleashX Account at any time through your Account Settings page, though we will be sorry to see you go. We may change our Services, stop providing our Services or features of our Services to you or to our users generally, change or stop providing a particular Subscription Plan (defined below) or features thereof, or create usage limits for our Services. We may permanently or temporarily terminate or suspend your access to our Services without notice or liability, without cause or for any reason, including if in our sole discretion you violate any provision of these Terms. Upon termination, you continue to be bound by these Terms.
Product Trials
In our sole discretion, we may make available to you certain product features on a trial basis, and such trial may be designated by us as an alpha, a beta, a pilot, a limited release, a limited availability, a test period, a preview, or an evaluation, or using another similar term ("Product Trial"). You may participate in any Product Trial, subject to these Terms and any additional terms and conditions made available by us. You acknowledge that product features made available to you as part of a Product Trial ("Trial Features") might contain bugs, errors, or omissions. TRIAL FEATURES ARE PROVIDED TO YOU FOR TESTING PURPOSES ONLY, ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY, LIABILITY, INDEMNITY, OR PERFORMANCE OBLIGATIONS. Trial Features are not subject to any service level agreements or support commitments. Trial Features are Confidential Information (defined below). They might never be made available for general use or otherwise be provided in a future version of our Services, and we may discontinue Trial Features, or revoke your access to Trial Features, at any time for any or no reason, in our sole discretion, without any liability to you. Discontinuing Trial Features, or making Trial Features inaccessible to you, may have the effect of making some or all of Your Content inaccessible to you.
Our Intellectual Property
You acknowledge and agree that our Services and all materials and content displayed or made available on our Services, and all software, algorithms, code, technology, and intellectual property underlying and included in or with our Services, and all intellectual property rights therein and thereto throughout the world (collectively and individually, our "Intellectual Property"), are our (or our licensors' as applicable) sole and exclusive property. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any intellectual property rights, and you agree not to access, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any of our Intellectual Property.
You may choose, or we may invite you, to submit comments, feedback, or ideas about our Services, including about how to improve our Services ("Feedback"). You agree that we will own any such Feedback, and that we are free to use the Feedback without any additional compensation to you, and to disclose the Feedback on a non-confidential basis or otherwise to anyone. You acknowledge that, by accepting your submission of Feedback, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
Developers
License to Our Developer Tools
Subject to your compliance with these Terms and our Developer Terms, which are available at http://www.unleashx.ai/developer-terms and are incorporated into these Terms by reference, during the applicable Subscription Term, we grant to you a non-exclusive, non-transferable, non-sublicensable right and license to use our Services, our APIs, and related tools and documentation in order to develop, test, and support your applications or extensions that integrate with our Services (your "Extensions").
License to Your Extensions
You hereby grant to us a non-exclusive, worldwide, sublicensable, transferable, perpetual, irrevocable (except upon ten (10) days' advance written notice to us if you remove any Extension distributed from the UnleashX Marketplace available at http://www.unleashx.ai/marketplace ("UnleashX Marketplace")), and royalty-free right and license, under all of your intellectual property rights, to: (i) use, reproduce, publicly perform, publicly display, distribute, and modify (solely to ensure compatibility with our Services) your Extensions, as well as to use your and your Extensions' names and logos for our business purposes related to your Extensions, including for purposes of marketing, demonstrating, and answering inquiries about your Extensions; and (ii) link to and direct audiences to your Extension from our Services, including from the UnleashX Marketplace.
Responsibility for Your Extensions
You are solely responsible for all maintenance and support for your Extensions, and you will ensure that your Extensions comply with all applicable laws and regulations, including applicable privacy, data security, advertising, and marketing laws and regulations, and with all technical and compatibility requirements provided in our documentation. We disclaim all responsibility and liability related to your Extensions. You must make any use of your Extensions by third parties (including other users of our Services) subject to a privacy policy that is conspicuously-posted within your Extensions. Your Extension's privacy policy, and any terms and conditions governing your Extension, must comply with applicable law and accurately and plainly describe your and our collection, use, storage, and sharing of such users' personal and confidential data in connection with your Extensions and our Services. For clarity, you will retain ownership of your Extensions, subject to our rights in our APIs and our Services. We reserve the right to audit your Extensions to determine whether they violate these Terms.
UnleashX AI
We may make available to you, as a Product Trial or otherwise, features or functionality of the Services that utilize generative artificial intelligence models ("UnleashX AI"). Your use of UnleashX AI is subject to these Terms and our UnleashX AI Terms, as updated from time to time, which are available at https://www.unleashx.ai/ai-terms and are incorporated into these Terms by reference.
Charges and Payment
Subscription Plans
We may offer plans that you may sign up for that allow you to use certain aspects of our Services, either for free or for a fee (a "Subscription Plan"). We may change Subscription Plans, including by offering new services or features for additional fees and charges or by adding or amending fees and charges for existing Subscription Plans, in our sole discretion. Any change to a Subscription Plan's pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in these Terms. Subscription Plans may set allotments for use of designated Services aspects. Use of Services aspects in excess of a Subscription Plan's designated allotment may result in (additional) fees, and such fees will be included in a true-up invoice or charged automatically via the payment method associated with your UnleashX Account ("Payment Method").
Billing and Payment
For any paid Subscription Plan, you agree to make payments, and we may automatically charge your Payment Method, as described below, for so long as your UnleashX Account remains active. Subscription Plans may be offered for a set subscription period (each such period, a "Subscription Term"). If you elect to sign up for a paid Subscription Plan, you agree to the pricing and payment terms specified at checkout, at http://www.unleashx.ai/pricing, or as otherwise posted or communicated to you, as we may update them from time to time.
You must provide us with a current, valid, accepted Payment Method. When you initiate a purchase transaction, you authorize us to provide your payment information to third parties so we can complete your transaction and to charge your Payment Method, in Indian Rupees, for the type of transaction you have selected (plus any applicable taxes and other charges) and any applicable recurring charges as described below. You will pay applicable taxes, if any, relating to any such transaction, and are also responsible for any payment-related fees such as UPI fees, bank charges, credit card processing fees, and foreign transaction fees.
We currently use Razorpay as our third-party service provider for payment services, and by using our Services you agree to be bound by Razorpay's Terms of Service, currently available at https://razorpay.com/terms/. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to us, and you authorize us or our third-party service provider to continue to charge your Payment Method, without further notice, until such time as your payment is settled. All payments for transactions are non-refundable and non-transferable except as expressly provided in these Terms.
Renewals
Your subscription continues until canceled by you or we terminate your access to or use of our Services in accordance with these Terms. Unless and until canceled by you, all Subscription Plans will automatically renew for renewal terms equal in length to the original Subscription Term, at the applicable price as of the renewal date. If you do not want a Subscription Plan to renew, you must cancel it before the end of the Subscription Term via the Account Settings page on your UnleashX Account). If you purchase a Subscription Plan, we (or our third-party service provider) will automatically charge you each year or month, as applicable, on the anniversary of the commencement of your subscription, using the payment information you have provided, until you cancel your subscription. By agreeing to these Terms and electing to purchase a Subscription Plan, you acknowledge that your Subscription Plan has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or us.
Cancellations and Terminations
If we cancel or terminate your Subscription Plan, except in the event of your breach of these Terms or failure to pay fees when due, we will grant you a prorated refund for the remaining unused portion of your Subscription Term. If you cancel or terminate your Subscription Plan, your right to use our Services will continue until the end of your then-current Subscription Term and then terminate without further charges. If you cancel or terminate your Subscription Plan, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF ANY FEES PAID FOR THE THEN-CURRENT SUBSCRIPTION TERM AT THE TIME OF CANCELLATION, except as required by applicable Indian consumer protection laws.
Late Payments
Any late payments shall be subject to a service charge equal to 18% per annum of the amount due or the maximum amount allowed by law, whichever is less (plus the costs of collection).
Credits
Any credits that may accrue to your UnleashX Account (for example, as a result of a promotion or referral program, or a Subscription Plan downgrade) will expire one year following their accrual, or upon expiration or termination of your UnleashX Account, whichever is earlier. Notwithstanding the foregoing, any credits accrued to a workspace on a free Subscription Plan will expire if the workspace's Subscription Plan is not upgraded to a paid Subscription Plan within ninety (90) days of accrual, unless otherwise specified. Credits have no currency or exchange value, and are not transferable or refundable.
Additional Terms for Mobile Applications
Mobile Applications
We may make available software to access our Services via a compatible mobile device ("Mobile Applications"). You may incur mobile data charges from your wireless provider in connection with the Mobile Applications, and you agree that you are solely responsible for any such charges. We grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for your UnleashX Account on one or more mobile devices owned or leased solely by you, solely in accordance with these Terms. You acknowledge that we may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof. We or our third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void.
App Store Terms
If you acquire any Mobile Applications from any third-party app store, such as the Google Play Store: (i) you acknowledge that these Terms are between you and us only, and not with such third party; (ii) your use of such Mobile Applications must comply with such third party's then-current app store terms and conditions; (iii) such third party is only a provider of the app store where you obtained such Mobile Applications; (iv) we, and not such third party, are solely responsible for our Mobile Applications; (v) such third party has no obligation or liability to you with respect to such Mobile Applications or these Terms; and (vi) you acknowledge and agree that such third party is a third-party beneficiary to these Terms as it relates to such Mobile Applications.
Privacy
We care about the privacy of our users. By using our Services, you acknowledge that we may collect, use, and disclose your personal information and aggregated and/or anonymized data as set forth in our Privacy Policy, and you acknowledge that you may have your personal information collected in, used in, transferred to, and processed in India. If your use of the Services requires us to process any personal data or personal information within Your Content, as these terms are defined in and in accordance with applicable privacy laws or regulations, we will do so at all times in accordance with our Privacy Policy and applicable Indian data protection laws, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and any successor legislation. In the event of any conflict between our privacy practices and any other aspect of these Terms, our privacy obligations under applicable law will govern.
Security
Security Measures
We have implemented measures designed to secure Your Content from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use Your Content for improper purposes. You understand that internet technologies have the inherent potential for disclosure. You acknowledge that you provide Your Content at your own risk. You can learn more about our security practices at http://www.unleashx.ai/security.
Two-Factor Authentication
Our Services support log-in using two-factor authentication ("2FA"), which is known to materially reduce the risk of unauthorized use of or access to the Services. We recommend that all users implement 2FA for their use of our Services. Notwithstanding anything to the contrary in these Terms, we will not be responsible for any damages, losses, or liability to you or anyone else if such damages, losses, or liability would have been prevented by the use of 2FA.
Copyright Policy
We respect the rights of copyright holders, as described in our Copyright Policy, as updated from time to time, which is available at https://www.unleashx.ai/company/copyright-policy and is incorporated into these Terms by reference (the "Copyright Policy"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please use the process outlined in the Copyright Policy.
Third-Party Services and Marketplace Extensions
OUR SERVICES MAY CONTAIN LINKS TO THIRD-PARTY MATERIALS THAT ARE NOT OWNED OR CONTROLLED BY US, WE MAY REFER YOU TO CERTAIN THIRD PARTIES WHO PROVIDE INDEPENDENT SERVICES RELATING TO OR SUPPORTING YOUR USE OF OUR SERVICES, AND CERTAIN FUNCTIONALITY OF OUR SERVICES MAY REQUIRE YOUR USE OF, OR MAY BE COMPATIBLE WITH, THIRD-PARTY SERVICES, SITES, INFORMATION, MATERIALS, PRODUCTS, APPLICATIONS, EXTENSIONS (INCLUDING EXTENSIONS FROM THE UNLEASHX MARKETPLACE), OR SERVICES (EACH, A "THIRD-PARTY SERVICE"). IF YOU USE A THIRD-PARTY SERVICE, YOU ARE SUBJECT TO AND AGREE TO THE THIRD PARTY'S TERMS OF SERVICE (OR OTHER APPLICABLE TERMS AND CONDITIONS) AND PRIVACY POLICY MADE AVAILABLE BY OR VIA THE THIRD-PARTY SERVICE. WE DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD-PARTY SERVICE (EVEN WHERE WE PERFORM A REVIEW OF THE FUNCTIONALITY OR SECURITY OF SUCH A THIRD-PARTY SERVICE, SUCH AS AN EXTENSION DEVELOPED BY A THIRD-PARTY AND MADE AVAILABLE THROUGH THE UNLEASHX MARKETPLACE). IF YOU ACCESS A THIRD-PARTY SERVICE FROM OR WITH UNLEASHX OR SHARE YOUR CONTENT ON OR THROUGH ANY THIRD-PARTY SERVICE, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THESE TERMS AND OUR PRIVACY POLICY DO NOT APPLY TO YOUR USE OF SUCH SERVICES. YOU EXPRESSLY RELIEVE US FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY SERVICE.
Indemnity
You agree to defend, indemnify, and hold us and our affiliates, agents, suppliers, or licensors (and our and their employees, contractors, agents, officers, and directors) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including attorney's fees) arising from: (i) your access to or use of our Services; (ii) your violation of any aspect of these Terms, including your breach of any of your representations and warranties; (iii) your violation of any third-party right, including any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule, or regulation; (v) Your Content, including without limitation any misleading, false, or inaccurate information in Your Content; (vi) your willful misconduct; or (vii) any third party's access to or use of our Services with your username(s), password(s), or other security code(s).
No Warranty
OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF OUR SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT ANY CONTENT ON OUR SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS; THAT OUR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF OUR SERVICE OR ANY DOWNLOAD OF CONTENT THROUGH THE USE OF OUR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS, OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, OR DIRECTORS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OUR SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR SERVICE; (VII) YOUR DATA; AND/OR (VIII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS, OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, OR DIRECTORS) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES YOU PAID TO US HEREUNDER DURING THE TWELVE (12) MONTH PERIOD PRIOR TO WHEN THE CLAIM AROSE. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER CLAIM OR INCIDENT.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.