Terms of Service
Welcome to [Your Company Name] (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our platform, services, websites, and applications (collectively, the “Services”). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.
For questions about these Terms or the Services, please contact us:
1. Eligibility
By using the Services, you represent and warrant that:
- You are at least 18 years old or have the legal capacity to form a binding contract in your jurisdiction.
- You will comply with these Terms and all applicable laws, regulations, and third-party rights.
If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms.
2. Account Registration and Security
To access certain features of the Services, you may need to create an account. By creating an account, you agree to:
- Provide accurate, current, and complete information during registration.
- Maintain the confidentiality of your account credentials.
- Notify us immediately if you suspect any unauthorized use of your account.
You are responsible for all activities associated with your account.
3. Use of Services
You agree to use the Services only for lawful purposes and in compliance with these Terms. You will not:
- Use the Services in any manner that could damage, disable, overburden, or impair our servers or networks.
- Reverse engineer, decompile, or disassemble any part of the Services.
- Access or attempt to access non-public areas of the Services.
- Post, transmit, or distribute any content that is illegal, harmful, threatening, defamatory, obscene, or otherwise objectionable.
We reserve the right to suspend or terminate your access to the Services for any violation of these Terms.
4. Pricing and Payments
Certain features of the Services may require payment. By purchasing any paid Services, you agree to the applicable pricing and payment terms.
- Billing: We use third-party payment processors to facilitate transactions. Your use of these services is subject to their terms and conditions.
- Subscriptions: Paid Services may include subscription fees that renew automatically. You can manage your subscription settings through your account.
- Refunds: Except as required by law, payments are non-refundable.
5. Content Ownership and Licenses
5.1 Your Content
You retain ownership of all content you submit, post, or transmit through the Services (“Your Content”). By using the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, and display Your Content for the purpose of operating and improving the Services.
5.2 Our Content
All rights, title, and interest in the Services, including text, graphics, software, and other intellectual property, are owned by us or our licensors. You are granted a limited, non-transferable license to access and use the Services for personal or internal business purposes.
6. Privacy and Data Protection
Your use of the Services is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal data. By using the Services, you consent to the practices described in the Privacy Policy.
7. Third-Party Services and Links
The Services may include links to third-party websites or integrate with third-party services. We do not control or endorse these third-party resources and are not responsible for their content or functionality. Your use of third-party services is at your own risk and subject to their terms.
8. Termination
We may suspend or terminate your access to the Services at our sole discretion, with or without cause, including if you violate these Terms. Upon termination:
- You must cease all use of the Services.
- Your account may be deleted, and we are not obligated to retain your data.
Certain provisions of these Terms, including those related to intellectual property, indemnification, and limitation of liability, will survive termination.
9. Disclaimers
The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not guarantee that:
- The Services will be uninterrupted, error-free, or secure.
- Any data transmitted through the Services will remain confidential.
10. Limitation of Liability
To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use or inability to use the Services. Our total liability for any claims relating to the Services is limited to the greater of the amount you paid us in the 12 months preceding the claim or $100.
11. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, liabilities, costs, or expenses (including attorney fees) arising from:
- Your use of the Services.
- Your violation of these Terms or applicable law.
- Your infringement of any third-party rights.
12. Changes to Terms
We may update these Terms from time to time. If changes are significant, we will notify you through the Services or via email. Your continued use of the Services after the changes take effect constitutes your acceptance of the new Terms.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any disputes arising under these Terms will be resolved exclusively in the state or federal courts located in San Mateo County, California, unless otherwise required by applicable law.
Arbitration Agreement for Eligible Jurisdictions
For users in jurisdictions that allow arbitration, any disputes or claims arising out of or related to these Terms, including the breach, termination, enforcement, interpretation, or validity thereof, or the use of the services, will be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and, where applicable, its Supplementary Procedures for Consumer-Related Disputes. Arbitration proceedings will take place in San Mateo County, California, and will be conducted in English.
The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction. Each party will bear its own arbitration costs and fees unless the arbitrator determines otherwise in accordance with the applicable arbitration rules.
Waiver of Jury Trial and Class Actions
Both parties agree to waive their right to a jury trial in any dispute arising out of or related to these Terms. Furthermore, to the maximum extent permitted by law, both parties waive their right to participate in any class action, class arbitration, or other representative proceeding. Disputes will only be resolved on an individual basis.
If this waiver of class or representative actions is found to be unenforceable, the agreement to arbitrate will not apply, and any claims must be brought exclusively in the state or federal courts located in San Mateo County, California.
14. Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Services.
- Severability: If any provision of these Terms is found invalid, the remaining provisions remain enforceable.
- Assignment: You may not transfer your rights or obligations under these Terms without our prior written consent.
15. Contact Information
For questions or concerns about these Terms, please contact us:
Email: info@loggia.ai
Last updated: 12/8/2024