Terms of Service

aiurlabs terms of service 1\ your relationship with aiurlabs, inc 1 1 your use of aiurlabs’s products, software, services and web sites (referred to collectively as the “services” in this document) is subject to the terms of a legal agreement between you and aiurlabs “aiurlabs” means aiurlabs inc , whose principal place of business is at 651 n broad st suite 206 middletown, de, 19709, us this document explains how the agreement is made up, and sets out some of the terms of that agreement 1 2 these terms of service form a legally binding agreement between you and aiurlabs in relation to your use of the services it is important that you take the time to read them carefully this legal agreement is referred to below as the “terms” 2\ accepting the terms 2 1 in order to use the services, you must first agree to the terms you may not use the services if you do not accept the terms 2 2 you can accept the terms by (a) clicking to accept or agree to the terms, where this option is made available to you by aiurlabs in the user interface for any service; or (b) by actually using the services in this case, you understand and agree that aiurlabs will treat your use of the services as acceptance of the terms from that point onwards 2 3 a you may not use the services and may not accept the terms if (a) you are not of legal age to form a binding contract with aiurlabs, or (b) you are a person barred from receiving the services under the laws of the united states or other countries including the country in which you are resident or from which you use the services 2 4 before you continue, you should print off or save a local copy of the terms for your records 3\ language of the terms 3 1 where aiurlabs has provided you with a translation of the english language version of the terms, then you agree that the translation is provided for your convenience only and that the english language versions of the terms will govern your relationship with aiurlabs 3 2 if there is any contradiction between what the english language version of the terms says and what a translation says, then the english language version shall take precedence 4\ provision of the services by aiurlabs 4 1 aiurlabs is constantly innovating in order to provide the best possible experience for its users you acknowledge and agree that the form and nature of the services which aiurlabs provides may change from time to time without prior notice to you 4 2 as part of this continuing innovation, you acknowledge and agree that aiurlabs may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally at aiurlabs’s sole discretion, without prior notice to you you may stop using the services at any time you do not need to specifically inform aiurlabs when you stop using the services 4 3 you acknowledge and agree that if aiurlabs disables access to your account, you may be prevented from accessing the services, your account details or any files or other content which is contained in your account 4 4 you acknowledge and agree that while aiurlabs may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the services or on the amount of storage space used for the provision of any service, such fixed upper limits may be set by aiurlabs at any time, at aiurlabs’s discretion 5\ use of the services by you 5 1 in order to access certain services, you may be required to provide information about yourself (such as identification or contact details, name of school district, name of educational institution, occupation, certification of original authorship of uploaded content, etc ), as part of the registration process for the service, or as part of your continued use of the services you agree that any registration information you give to aiurlabs will always be accurate, correct and up to date 5 2 you agree to use the services only for purposes that are permitted by (a) the terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the united states or other relevant countries) 5 3 you agree not to access (or attempt to access) any of the services by any means other than through the interface that is provided by aiurlabs, unless you have been specifically allowed to do so in a separate agreement with aiurlabs you specifically agree not to access (or attempt to access) any of the services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots txt file present on the services 5 4 you agree that you will not engage in any activity that interferes with or disrupts the services (or the servers and networks which are connected to the services) 5 5 unless you have been specifically permitted to do so in a separate agreement with aiurlabs, you agree that you will not reproduce, duplicate, copy, attempt to create a substitute or similar service through use of or access to, sell, trade or resell the services for any purpose 5 6 you agree that you are solely responsible for (and that aiurlabs has no responsibility to you or to any third party for) any breach of your obligations under the terms and for the consequences (including any loss or damage which aiurlabs may suffer) of any such breach 5 7 we do not assume any responsibility for special processing or handling of data that might be considered “sensitive” or otherwise “regulated” by particular laws you specifically consent to our processing of data that you upload to the service with no special handling, and you agree that you will not, and will use commercially reasonable efforts to make sure a third party does not, use the services to store or transfer any data that is controlled for export under any export or reexport control law or regulation, or is otherwise subject by law to special processing restrictions (for example, privacy, financial services, and health information laws and regulations) 5 8 you agree that you are responsible for your own conduct and content while using the services and for any consequences thereof for all accounts, you agree to use the services only for purposes that are legal, proper and in accordance with these terms 6\ billing and payment 6 1 if you select a paid services level, you may choose to subscribe and pay for the services on either a monthly or annual basis and aiurlabs will bill the account administrator in advance for use of the services current pricing for monthly and annual paid levels are as set forth on the aiurlabs web site, and aiurlabs reserves the right to modify pricing at any time, provided however that aiurlabs will notify the account administrator of a paid level account by email prior to any monthly or annual price increase affecting that account if you upgrade to a higher paid level or tier, aiurlabs will credit any remaining balance from your previous subscription payment to your new level or tier you may choose to discontinue your paid level account at any time; however, aiurlabs does not issue refunds for unused subscription periods 6 2 you agree to maintain valid and up to date billing information on file with aiurlabs you may update this billing information at any time in your account settings 6 3 all payments due are in u s dollars unless otherwise indicated on the subscription pricing page or invoice a credit card or debit card fees for accounts where you are paying with a credit card, debit card or other non invoice form of payment are due at the beginning of the month for which services will be provided to you for credit cards, or debit cards (i) aiurlabs will charge you for all fees when due at the beginning of each service month or year, as applicable; and (ii) these fees are considered delinquent if not received at the start of each service month or year b invoices payments for invoices are due ten days after the invoice date, unless otherwise specified, and are considered delinquent after such date c renewal for paid levels, at the end of each annual or monthly subscription period (as applicable), the services will automatically renew for an additional year or month, respectively if you wish to change your subscription level or term, the account administrator must change the settings in the account administration console provided as part of the services d other forms of payment aiurlabs may enable other forms of payment by making them available in the account administration and payments page these other forms of payment may be subject to additional terms which you may have to accept prior to using the additional forms of payment 6 4 delinquent payments may bear interest at the rate of one and one half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full you will be responsible for all reasonable expenses (including attorneys' fees) incurred by aiurlabs in collecting such delinquent amounts, except where such delinquent amounts are due to aiurlabs's billing inaccuracies 6 5 aiurlabs will endeavor to notify you (or in the case of a team account, your account administrator) if your paid account has delinquent fees if delinquent fees are not paid, aiurlabs will automatically downgrade your account to a free aiurlabs account and/or suspend your use of the services 6 6 you are responsible for any taxes, duties, and customs fees associated with the sale of the services (other than aiurlabs’s income tax) (collectively “taxes”), and you will pay aiurlabs for the services without any reduction for taxes if aiurlabs is obligated to collect or pay taxes, the taxes will be invoiced to you, unless you provide aiurlabs with a valid tax exemption certificate authorized by the appropriate taxing authority if you are required by law to withhold any taxes from your payments to aiurlabs, you must provide aiurlabs with an official tax receipt or other appropriate documentation to support such payments 6 7 these billing and payment terms may not apply if you are not subscribing to the services directly from aiurlabs 7\ your passwords and account security 7 1 you agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the services 7 2 accordingly, you agree that you will be solely responsible to aiurlabs for all activities that occur under your account 7 3 if you become aware of any unauthorized use of your password or of your account, you agree to notify aiurlabs immediately at mailto\ support\@aiurlabs com 8\ privacy and your personal information 8 1 for information about aiurlabs’s data protection practices, please read aiurlabs’s privacy policy at https //www archbee com/privacy policy this policy explains how aiurlabs treats your personal information, and protects your privacy, when you use the services 8 2 you agree to the use of your data in accordance with aiurlabs’s privacy policies 9\ content in the services 9 1 you understand that all information (such as data files, fonts, written text, computer software, music, audio files, image files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the services are the sole responsibility of the person from which such content originated all such information is referred to below as the “content” 9 2 you should be aware that content presented to you as part of the services, including but not limited to advertisements in the services and sponsored content within the services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that content to aiurlabs (or by other persons or companies on their behalf) you may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically told that you may do so by aiurlabs or by the owners of that content, in a separate agreement 9 3 aiurlabs reserves the right (but shall have no obligation) to pre screen, review, flag, filter, modify, refuse or remove any or all content from any service 9 4 you understand that by using the services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the services at your own risk 9 5 you agree that you are solely responsible for (and that neither aiurlabs nor the third party provider through whom you purchased aiurlabs has any responsibility to you or to any third party for) any content that you create, transmit or display while using the services and for the consequences of your actions (including any loss or damage which aiurlabs may suffer) by doing so 10\ proprietary rights 10 1 you acknowledge and agree that aiurlabs (or aiurlabs’s licensors) and its resellers own all legal right, title and interest in and to the services, including any intellectual property rights which subsist in the services (whether those rights happen to be registered or not, and wherever in the world those rights may exist) you further acknowledge that the services may contain information which is designated confidential by aiurlabs or its resellers and that you shall not disclose such information without aiurlabs’s prior written consent 10 2 unless you have agreed otherwise in writing with aiurlabs, nothing in the terms gives you a right to use any of aiurlabs’s or its resellers' trade names, trade marks, service marks, logos, domain names, and other distinctive brand features 10 3 if you have been given an explicit right to use any of these brand features in a separate written agreement with aiurlabs, then you agree that your use of such features shall be in compliance with that agreement, and any applicable provisions of the terms 10 4 other than the limited license set forth in section 13, aiurlabs acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these terms in or to any content that you submit, post, transmit or display on, or through, the services, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist) unless you have agreed otherwise in writing with aiurlabs, you agree that you are responsible for protecting and enforcing those rights and that aiurlabs has no obligation to do so on your behalf 10 5 when you create content under an individual plan, that content is available only to you and other aiurlabs users with whom you share the content however, if you are or become an individual user managed under a multi user subscription plan maintained by your employer or other third party (a “multi user plan”), any content you have created or will create will be subject to control by the account administrators (defined within the aiurlabs administrative panel) of the multi user plan, and is no longer “your content” for purposes of this agreement account administrators under a multi user plan can designate other users under that multi user plan as owners of the content you originally created, in which case you may no longer be able to access the content and may lose any copyright or other rights you held in the content if you have questions about multi user plans, please contact us at mailto\ sales\@aiurlabs com 10 6 you agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the services 10 7 unless you have been expressly authorized to do so in writing by aiurlabs, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos 11\ publicity 11 1 if you have a paid or educational aiurlabs account, aiurlabs may identify you as a customer on our site or in our customer list, blogs, and other public communications to request removal of this identification, please notify us in writing at mailto\ support\@aiurlabs com or by sending a letter to aiurlabs’s address which is found at the beginning of these terms in some cases, we may not be able to remove your information, in which case we will let you know if we are unable to do so and why 12\ license from aiurlabs 12 1 aiurlabs gives you a personal, worldwide, royalty free, non assignable and non exclusive license to use the software provided to you by aiurlabs as part of the services as provided to you by aiurlabs (referred to as the “software” below) this license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by aiurlabs, in the manner permitted by the terms 12 2 you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by aiurlabs, in writing 12 3 unless aiurlabs has given you specific written permission to do so, you may not assign (or grant a sub license of) your rights to use the software, grant a security interest in or over your rights to use the software, or otherwise transfer any part of your rights to use the software 13\ license from you 13 1 other than the limited exception outlined in section 10 5, you retain copyright and any other rights you already hold in content which you submit, share, upload, post or display on or through, the services the services are designed to facilitate collaboration and sharing of content among users in support of that core function, you hereby grant aiurlabs a limited license to use your content to provide the services and its features during the term of this agreement, including the right to reproduce, adapt, modify, translate, publish, and distribute content solely for the purpose of enabling aiurlabs to provide you with the services in accordance with the aiurlabs privacy policy 13 2 you understand that aiurlabs, in performing the required technical steps to provide the services to our users, may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media you agree that this license shall permit aiurlabs to take these actions 13 3 you confirm and warrant to aiurlabs that you have all the rights, power and authority necessary to grant the above license you agree that you will not submit, share, upload, post or display content on or through, the service that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit, share, upload, post or display the content and to grant aiurlabs all of the license rights granted in this section 14\ software updates 14 1 the software which you use may automatically download and install updates from time to time from aiurlabs these updates are designed to improve, enhance and further develop the services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions you agree to receive such updates (and permit aiurlabs to deliver these to you) as part of your use of the services 15\ ending your relationship with aiurlabs 15 1 the terms will continue to apply until terminated by either you or aiurlabs as set out below 15 2 if you want to terminate your legal agreement with aiurlabs, you may do so by (a) notifying aiurlabs at any time and (b) closing your accounts for all of the services which you use, where aiurlabs has made this option available to you your notice should be sent, in writing, to aiurlabs’s address which is set out at the beginning of these terms 15 3 aiurlabs may at any time, terminate its legal agreement with you (a) if you have breached any provision of the terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or (b) if aiurlabs is required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful); or (c) if aiurlabs is transitioning to no longer providing the services to users in the area in which you are resident or from which you use the service; or (d) if the provision of the services to you by aiurlabs is, in aiurlabs’s opinion, no longer commercially viable 15 4 in addition, aiurlabs may terminate its legal agreement with you, for any reason or no reason, by giving you 5 days’ written notice to the email address you provide when you register for aiurlabs if we discontinue your access to the services at the end of this 5 day period, our termination will be effective at the end of this period, and we will refund any prepaid, unused subscription fees for the services as soon as practicable thereafter otherwise, no fees are refundable, and you may continue using the services through the end of your subscription period, at which point our termination will become effective 15 5 nothing in this section shall affect aiurlabs’s rights regarding provision of services under section 4 of the terms 15 6 when these terms come to an end, all of the legal rights, obligations and liabilities that you and aiurlabs have benefited from, been subject to (or which have accrued over time whilst the terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 23 6 shall continue to apply to such rights, obligations and liabilities indefinitely 15 7 if your aiurlabs account is canceled, your information on our servers may be deactivated but not deleted we do not actively delete your profile information, for example your name and email address any content that you do not wish to remain on our servers after ending your relationship with aiurlabs should be deleted prior to closing your account 16\ exclusion of warranties 16 1 nothing in these terms, including sections 16 and 17, shall exclude or limit aiurlabs’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law 16 2 you expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and “as available ” 16 3 in particular, aiurlabs and its licensors and resellers do not represent or warrant to you that (a) your use of the services will meet your requirements, (b) your use of the services will be uninterrupted, timely, secure or free from error, (c) any information obtained by you as a result of your use of the services will be accurate or reliable, and (d) that defects in the operation or functionality of any software provided to you as part of the services will be corrected 16 4 any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material 16 5 no advice or information, whether oral or written, obtained by you from aiurlabs or through or from the services shall create any warranty not expressly stated in the terms 16 6 aiurlabs and its licensors and resellers further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non infringement 17\ limitation of liability 17 1 subject to overall provision in paragraph 16 1 above, you expressly understand and agree that aiurlabs and its licensors shall not be liable to you for (a) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability this shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; (b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of (i) any changes which aiurlabs may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services); (ii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services; (iii) your failure to provide aiurlabs with accurate account information; (iv) your failure to keep your password or account details secure and confidential; 17 2 the limitations on aiurlabs’s liability, and that of its licensors and resellers, to you in paragraph 17 1 above shall apply whether or not aiurlabs, its licensors or resellers have been advised of or should have been aware of the possibility of any such losses arising 18\ copyright policies 18 1 aiurlabs does not permit infringement of intellectual property rights on its services aiurlabs may remove content if it believes or has reason to believe such content infringes on another’s copyright without prior notice and at any time at its sole discretion, aiurlabs reserves the right to remove any content, disable your ability to share or upload content within the service, or terminate your access to the service (a) for uploading or sharing such content in violation of these terms of service; or (b) if, under appropriate circumstances, you are determined to be a repeat infringer 18 2 aiurlabs reserves the right in its sole discretion to decide whether your conduct is inappropriate and whether it complies with these terms of service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, etc aiurlabs may terminate your access for such inappropriate conduct in violation of these terms of service at any time and remove any such objectionable content, without prior notice and at its sole discretion 18 3 if you believe that aiurlabs, or any user of the services, has violated a copyright, trademark or other right you claim in your work, please contact us pursuant to the u s digital millennium copyright act (“dmca”) at mailto\ support\@aiurlabs com 19\ advertisements 19 1 some of the services may be supported by advertising revenue and may display advertisements and promotions these advertisements may be targeted to the content of information stored on the services, queries made through the services or other information 19 2 the manner, mode and extent of advertising by aiurlabs on the services are subject to change without specific notice to you 19 3 in consideration for aiurlabs granting you access to and use of the services, you agree that aiurlabs may place such advertising on the services 20\ other content 20 1 the services may include hyperlinks to other web sites or content or resources aiurlabs may have no control over any web sites or resources which are provided by companies or persons other than aiurlabs 20 2 you acknowledge and agree that neither aiurlabs nor its licensors or resllers are responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources 20 3 you acknowledge and agree that neither aiurlabs nor its licensors or resellers are liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources 22\ changes to the terms 22 1 aiurlabs may make changes to the terms from time to time when these changes are made, aiurlabs will make a new copy of the terms available at https //archbee io/terms of service 22 2 you understand and agree that if you use the services after the date on which the terms have changed, aiurlabs will treat your use as acceptance of the updated terms 23\ general legal terms 23 1 sometimes when you use the services, you may (as a result of, or through your use of the services) use a service or download a piece of software, or purchase goods, which are provided by another person or company your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned if so, the terms do not affect your legal relationship with these other companies or individuals 23 2 the terms constitute the whole legal agreement between you and aiurlabs and govern your use of the services (but excluding any services which aiurlabs may provide to you under a separate written agreement), and completely replace any prior agreements between you and aiurlabs in relation to the services 23 3 you agree that aiurlabs may provide you with notices, including those regarding changes to the terms, by email, regular mail, or postings on the services 23 4 you agree that if aiurlabs does not exercise or enforce any legal right or remedy which is contained in the terms (or which aiurlabs has the benefit of under any applicable law), this will not be taken to be a formal waiver of aiurlabs’s rights and that those rights or remedies will still be available to aiurlabs 23 5 if any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms the remaining provisions of the terms will continue to be valid and enforceable 23 6 the terms, and your relationship with aiurlabs under the terms, shall be governed by the laws of the state of delaware without regard to its conflict of laws provisions you and aiurlabs agree to submit to the exclusive jurisdiction of the courts of delaware to resolve any legal matter arising from the terms notwithstanding this, you agree that aiurlabs shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction