Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING INFERISE SOFTWARE
1. Terms of Use
Binding Agreement
These Terms of Use (as defined below) are a legally binding agreement between Inferise and you.
The term "Inferise", "us", "we" or "our", refers to Inferise Inc., a corporation organized and existing under the laws of Delaware, having its principal offices at Research Triangle Park, NC United States (Federal Employer Identification Number 332311803), which owns and operates Inferise Hub (as defined below). The term "you" refers to the User (as defined below).
You hereby state that you are a natural person over the age of 18, and that you are not acting for, or on behalf of, any other person, company or such other legal entity.
These Terms of Use govern your access to Inferise Hub, the functions contained therein, and the Services (all terms as defined below) performed or provided by Inferise Hub, including (but not limited to) any and all Content (as defined below) created or used in Inferise Hub.
These Terms of Use are void where prohibited by law, and the right to use Inferise Hub is revoked in such jurisdictions.
Accepting these Terms of Use
These Terms of Use are effective as of the date you access or otherwise use Inferise Hub, and such access or use of Inferise Hub indicates your acceptance of all of the terms and conditions of these Terms of Use.
You may not use Inferise Hub and may not accept these Terms of Use if (a) you are not of legal age to form a binding contract with Inferise, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using Inferise Hub under the laws of the country in which you are resident or from which you access or use Inferise Hub.
If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use Inferise Hub.
Privacy Statement
Please refer to Inferise's Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy ("Privacy Policy"). The Privacy Policy forms and is an integral part of these Terms of Use. When you indicate your acceptance of these Terms of Use, you also agree to the Privacy Policy.
License to Use
The license granted to you by Inferise for Inferise Hub, is limited to a personal, non-exclusive, revocable, non-transferable and non-sublicensable license to use Inferise Hub solely for your personal use of Inferise Hub and receipt and use of the Services, solely in the manner permitted by these Terms of Use.
Upgrades
These Terms of Use will govern any upgrades provided by Inferise that replace and/or supplement the original Inferise System, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
From time to time, an upgrade to the latest version of Inferise Hub may be required in order to make use of the Services or to take advantage of new features and functionalities of Inferise Hub.
Definitions
For the purposes hereof:
"Activation" means the activation of your User Account as specified in Section 3.1 below.
"Activation Date" means the date on which Activation occurred.
"Deliverable" means any and all deliverable being the output of the use of Services, or otherwise provided by us, including, but not limited to texts, photographs, graphics, video, audio, or any other form which contains information.
"External Sites" shall have the meaning specified in Section 11 below.
"FastSpring" means Bright Market, LLC having the details which can be found in www.fastspring.com
"Feedback" shall have the meaning specified in Section 15 below.
"Intellectual Property" and "Intellectual Property Rights" shall have the respective meaningsspecified in Section 10.8 below.
"Inferise System" means Inferise's proprietary, online digital platform for content display and processing, as well as the Services provided, thereby. The term "Inferise Hub" also includes the Software (as defined below).
"Plan" shall have the meaning specified in Section 4.2 below.
"Restricted Person" means a person that is (i) listed on, or owned or controlled by a person listed on any Sanctions List (as defined below); (ii) located in, incorporated under the laws of, or owned or controlled by, or acting on behalf of, a person located in or organized under the laws of a country or territory that is the target of country-wide Sanctions (as defined below); or (iii) otherwise a target of Sanctions.
"Sanctioning Authority" means:
(a) the U.S. government or any U.S. agency (including OFAC, the U.S. State Department, the U.S. Department of Commerce or the U.S. Department of the Treasury);
(b) the United Nations Security Council;
(c) the European Union (or any of its member states); and/or
"Sanctions" means economic and/or financial sanctions or trade embargoes imposed, administered or enforced from time to time by a Sanctioning Authority.
"Sanctions List" means any of the specifically designated nationals or designated persons or entities in relation to Sanctions issued by a Sanctioning Authority.
"Stripe" means Stripe, Inc. having the details which can be found in www.stripe.com
"Services" means all the services provided via Inferise Hub, including (but not limited to) the provision of content repurposing, social and content platform integrations, reach and engagement data analysis, content creation recommendations, and any other features and functionalities supported, or that may be supported, by Inferise Hub from time to time, and such other work product and/or Deliverable being the output of the use of Inferise Hub and such services, or as otherwise provided by us.
"Site" means Inferise's Internet site which can be accessed at www.inferise.ai.
"Subscription" and "Subscription Fees" shall have the respective meanings specified in Section 4.2 below.
"Subscription Period" shall have the meaning specified in Section 4.5 below.
"Summary Notice " shall have the meaning specified in Section 4.4 below.
"Termination Notice" shall have the meanings specified in Section 4.6 below.
"Terms of Use" means these Terms of Use and Inferise' Privacy Statement.
"User" means any person that uses the Site and/or that is registered to Inferise Hub.
"User Account" shall have the meaning specified in Section 3.1 below.
"User Account Details Notice" shall have the meaning specified in Section 3.1 below.
2. Welcome to Inferise Hub
Inferise Hub provides the Services, which include (but are not limited to) content repurposing, data-driven creation and content publishing on social and content platforms, all as further detailed and subject to these Terms of Use.
3. Using Inferise Hub
3.1 Your Inferise User Account
Our Services require you to open a user account ("User Account").
In order to do that, you must fill in the registration form and provide us with a valid email address and with current, complete and accurate information as prompted by the registration form.
After submitting the completed registration form, we will send you a notice with your User Account details ("User Account Details Notice") to the email address provided by you as part of the registration process.
In order to complete the registration process and to activate your User Account, you are required to complete the registration (the "Activation").
Please add the following email addresses to your email contact list: [email protected]
Inferse shall not be liable for any failed deliveries or arrival of messages to your spam inbox. You may reset your password at any time and shall be notified via electronic mail on each reset.
You will provide Inferise only with accurate information about yourself and shall not disclose your User Account information to others.
Inferise reserves the right to deny creation of your User Account, or to terminate your User Account, based on our inability to verify the authenticity of your registration information.
You are entirely responsible for any and all activities that occur under your User Account. You agree to notify Inferise immediately of any unauthorized use of your User Account or any other breach of data security.
Inferise will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. You could be held liable for losses incurred by Inferise or another party due to someone else using your User Account.
You may not use anyone else's User Account.
3.2 Content
Inferise Hub allows you to create certain Content, and only you to access, create modify and edit such Content.
Notwithstanding anything to the contrary in these Terms, Inferise reserves the right without further notice to you, to modify, edit and/or remove any and all Content to comply with law or in other reasonable circumstances.
You hereby represent and warrant that you own or have the necessary licenses, rights, consents and permissions to use, but not limited to, all Intellectual Property Rights in and to the Content, and to enable the uploading to, and the processing by, Inferise Hub and use thereof in the manner contemplated by these Terms of Use.
You will retain all of the ownership rights in your Content.
You shall be solely responsible for any Content and/or Deliverables and/or any other content and data created, modified uploaded, and/or used by Inferise Hub.
UNDER NO CIRCUMSTANCES WHATSOEVER WILL INFERISE BE LIABLE IN ANY WAY FOR ANY CONTENT AND/OR ANY DELIVERABLES, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS THEREIN, OR FOR ANY INFRINGEMENT OF THIRD PARTY RIGHTS, OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT AND/OR ANY DELIVERABLES.
3.3 Communication
We may communicate with you in an electronic form via the email address you have submitted as part of the registration process, with regard to Inferise Hub updates, or any other issues related to your User Account and/or use of Inferise Hub.
In addition, as an integral part of Inferise Hub, you will receive notifications by email from Inferise. In accepting these Terms of Use, you are agreeing to receive emails and notifications from Inferise.
If you do not wish to receive notifications from Inferise as above, you may turn the option to receive notifications by using the 'unsubscribe' link in the email message.
It is not possible to block receipt of notifications from Inferise by email to the extent any such notifications are with regard to, or connected with, your use of Inferise Hub, and/or are required by law.
3.4 Technical Support
You may send any query you may have regarding the technical operation of Inferise Hub to us by email to [email protected].
We shall use reasonable commercial efforts to respond to your query as soon as possible, either by email to the email address you have submitted as part of the registration process, or by posting a response under the FAQ in the Site.
4. Subscription
4.1 Plans
The 'Pro' and 'Enterprise' Plans are available for a monthly or annual Subscription Fee, in which you may use Inferise Hub and receive the Services under the limitations of each Plan, as set out in Section 4.2 below.
Enterprise:
An 'Enterprise Plan' is available for a monthly or annual fee in which a User may use Inferise Hub under the negotiated limitations. An Enterprise Plan is customized for specific User Accounts based on terms negotiated between the User and Inferise.
4.2 Subscription Fees
In order to use Inferise Hub and taking advantage of all its features, you are required to purchase a monthly or annual fixed-fee subscription ("Subscription") by paying the subscription fees ("Subscription Fees") of the 'Pro Plan' below:
Pro: $20/month | $200/annual
**Important Note: The final Fee, stated in your local currency, of the applicable Subscription Fee will be determined and will appear when you make your payment while using Stripe as stated in Section 4.4 below. The charge will be made in the currency in which the credit card stored in the Stripe system is active. The currency conversion calculation is done according to Stripe's Terms of Use as in effect from time to time.**
4.3 Terms of Payment
The Subscription Fees will be charged by us and paid by you on a monthly or annual recurring basis, in advance, at the price of the selected Plan. Subscription automatically renews on a monthly basis unless you terminate your subscription in accordance with the following terms.
4.4 Means of Payment
The Subscription Fees can be paid by using your Stripe account only. You will be solely liable for paying the Subscription Fees, as well as any applicable taxes, commissions and/or rates incurred by payment of the Subscription Fees.
After making the payment through your Stripe account, Stripe will send you a notification stating the transaction details ("Summary Notice"). The Summary Notice will be sent to your email address stored in the Stripe system.
You are responsible for paying the Subscription Fees even if payment by your Stripe account fails or is denied of any reason.
4.5 Subscription Period
THE SUBSCRIPTION PERIOD WILL COMMENCE ON THE ACTIVATION DATE, AND WILL CONTINUE INDEFINITELY UNTIL TERMINATED UNDER THESE TERMS OF USE ("SUBSCRIPTION PERIOD").
Upon termination of the Subscription Period, your access to Inferise Hub will end and no further charges will accrue.
4.6 Terminating the Subscription
YOU MAY TERMINATE THE SUBSCRIPTION AT ANY TIME AND FOR ANY REASON (OR FOR NO REASON) BY SENDING US A TERMINATION NOTICE ("TERMINATION NOTICE") BY USING THE 'UNSUBSCRIBE' BUTTON APPEARING ON THE HELP PAGE. THE 'UNSUBSCRIBE' BUTTON LINKS TO A PAGE ON THE STRIPE SYSTEM WHICH ENABLES THE TERMINATION OF THE SUBSCRIPTION.
Upon receipt of your Termination Notice, the following provisions will apply:
Actual End Date:
Your Subscription and access to any features will end at the end within the later of three (3) business days of our receiving your Termination Notice or at the end of the month in which we received your Termination Notice.
Fee Refund:
Monthly Subscription
If you have chosen a monthly Subscription, then you will not be entitled to a refund of the Subscription Fee paid until the actual end date as stated above.
However, if you pay us an amount of monthly Subscription Fees, and then send us a Termination Notice within seven (7) days of such payment being made, then you will be entitled to a refund of that last monthly payment of Subscription Fees in full, provided you did not use Inferise Hub during those seven (7) days.
Annual Subscription
If you have chosen an annual Subscription, then we will refund you the annual Subscription Fees you have paid, less an amount being the result of multiplying the number of months during which the Services were available to you (ending on the actual end date as stated above) by the then-current monthly rate of the Subscription Fees.
However, if you pay us an amount of annual Subscription Fees, and then send us a Termination Notice within fourteen (14) days of such payment being made, then you will be entitled to a refund of that last annual payment of Subscription Fees in full, provided you did not use Inferise Hub during those fourteen (14) days.
Further provisions
No refund will be made for a Subscription purchased with a promotional discount.
All refunds due will be made to your credit card, the details of which are stored in your Stripe account.
THE ABOVE IS NOT INTENDED TO DEROGATE FROM ANY STATUTORY CONSUMER RIGHTS YOU ARE ENTITLED TO UNDER ANY MANDATORY CONSUMER LAWS THAT ARE APPLICABLE IN YOUR JURISDICTION.
Reactivation:
To reactivate your Subscription, you can simply re-pay for your new subscription. However, you will be charged the whole amount of your chosen subscription fee and your monthly billing period will be renewed automatically. (i.e., if you cancel your subscription on Feb. 10th, and reactivate it on Feb. 15th, your monthly billing period will be automatically renewed every 15th of each month.) We will do our best to make it convenient for those who will revisit Inferise in the near future.
4.7 Measures in the Event of Non-Payment
Subject to applicable law, in the event of non-payment within fourteen (14) days of the due date for payment, your Subscription will be deemed delinquent and we may terminate or suspend your User Account for non-payment. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you.
Should you, by any means or way, revoke or cancel any of the payments due by you to us, then we shall be allowed to supply our third party clearing or payment service, any information about such transaction, including, but not only, your email address, your IP address and activity pursuant to such denied transaction. The above shall not derogate from other rights and/or remedies afforded to us under these Terms of Use and/or any applicable law.
4.8 Changes to the Subscription Fees
We reserve the right to change the Subscription Fees at any time and from time to time, by posting a thirty (30) days prior notice on the Site and/or by sending you an email to that effect. Any change in the Subscription Fees will not apply to the Subscription then in effect at the time of the change.
4.9 Statutory Consumer Rights
The provisions of this Section 4 are subject to, and do not derogate from, any mandatory statutory rights that may be afforded to you by the applicable law in your jurisdiction.
5. Changes / Termination
5.1 Inferise has the right to change Inferise Hub (or any portions thereof) at any time and from time to time, in its sole discretion and without prior notice, including (but not limited to), by way of adding or removing features or functionalities, creating new limits to certain Services, or temporarily or permanently suspending or stopping a Service.
5.2 In addition, Inferise may stop (permanently or temporarily) providing access to Inferise Hub (or any features or functionalities thereof) to you and/or to Users generally, at Inferise's sole discretion at any time and for any reason (or for no reason), and without liability to Inferise or notice.
5.3 If Inferise permanently stops providing you access to Inferise Hub (or any features or functionalities thereof), then these Terms of Use shall be terminated (except for provisions which by their nature are intended to survive termination as mentioned in Section 13 below).
5.4 Inferise also retains the right to create limits on use of Inferise Hub (or any features or functionalities thereof) to you and/or to Users generally, at Inferise's sole discretion at any time, and without liability to Inferise or notice.
6. Restrictions on the Use of Inferise Hub
6.1 You may not do, or attempt to do, any of the following while accessing or using Inferise Hub:
• Use Inferise Hub otherwise than in compliance with these Terms of Use and all applicable local, state, federal, and national, laws, statutes, ordinances, rules and regulations;
• Facilitate or encourage any violations of these Terms of Use;
• Use Inferise Hub for any unlawful purposes or for promotion of illegal activities;
• Use Inferise Hub for any purpose other than such uses as permitted by these Terms of Use;
• Use Inferise Hub to disseminate, indicate, distribute or otherwise disclose any information which you do not have a right to make available under any law or under contractual or fiduciary relationships, such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, and/or which it would be unlawful for us to use or possess in connection with the operation of Inferise Hub;
• Copy, reproduce, decompile, reverse engineer, disassemble, attempt to derive the source code of, adapt, modify, create derivative works from, sell, rent, lease, loan, frame, link, or otherwise make available or exploit in any form or by any means all or any portion of Inferise Hub and/or any Content and/or Deliverables of any Users accessible thereby, for any purpose;
• Use an anonymizing proxy; use any robot, spider, scraper, bot, data mining or any other automatic device or process, or manual process, to bypass measures we take to restrict access to Inferise Hub, or monitor, copy, harvest or manipulate any Content and/or Deliverables of any Users accessible thereby;
• Circumvent, disable or otherwise interfere with any security-related features of Inferise Hub or such other features that prevent or restrict use or copying of Content, or enforce limitations on use of Inferise Hub or the Content and/or Deliverables of any Users accessible thereby;
• Remove or alter any patent numbers, copyright notices, trademark notices or other proprietary notices or identifying marks, symbols or legends included in Inferise Hub and/or the Deliverables;
• Use Inferise Hub to generate and/or distribute any content which is harmful, threatening, tortuous, abusive, causes harassment, defamatory, vulgar, obscene, libelous, hateful, is otherwise unlawful, false, inaccurate, misleading, malicious, or discriminatory or which harms minors in any way;
• Use Inferise Hub to generate and/or distribute any content which is not 'child proof';
• Use Inferise Hub to generate and/or distribute any content which is directed at minors under the age of 18;
• Use Inferise Hub to generate and/or distribute any content which misappropriates, infringes or violates any patent, trademark, trade secret, copyright or other proprietary rights of any third party or violates any laws, contributes to or encourages infringing or otherwise unlawful conduct;
• Use Inferise Hub for posting third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have a formal and legally valid license or permission from the rightful owner of the material or if you are otherwise legally entitled to post and/or send the material in question;
• Use Inferise Hub for sending other people's private and confidential information, such as (but not limited to) credit card information, street address or Social Security/National Identity numbers, without their express authorization and permission;
• Use Inferise Hub for interfering with, or disrupting (or attempting to do so), the access of any person, host or network, including, without limitation, by uploading and/or sending software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware; overloading, flooding, spamming, mail-bombing Inferise Hub; or by scripting the creation of any content in such a manner as to interfere with or create an undue burden on Inferise Hub;
• Use Inferise Hub for the solicitation of business or for generating and/or sending any unauthorized commercial communications (such as pyramid schemes, chain mail, junk mail, spam or the like) or any contest, giveaway or sweepstakes, or any other type of promotion;
• Do anything that could interfere with, disable, overburden, or impair the proper working of Inferise Hub; and/or
• Collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in this Section 6.1 above.
6.2 You are solely responsible and liable for, and Inferise has no responsibility to you or to any third party for, any breach of your obligations under these Terms of Use and for the consequences (including, without limitation, any loss or damage which Inferise may suffer) of any such breach.
6.3 Any use, or attempted use, of Inferise Hub contrary to these Terms of Use is a violation of our rights. If you breach these Terms of Use, you may be subject to prosecution and damages.
7. Warranty Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INFERISE HUB, THE SERVICES AND THE DELIVERABLES ARE PROVIDED 'AS IS', 'AS AVAILABLE', 'WITH ALL FAULTS' AND WITHOUT WARRANTY OF ANY KIND, AND INFERISE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO INFERISE HUB, THE SERVICES AND THE DELIVERABLES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF COMPLETENESS, EXHAUSTIVENESS, ACCURACY, QUALITY, RELIABILITY, AVAILABILITY, TIMELINESS, USEFULNESS, SECURITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR OF SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
INFERISE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF INFERISE HUB AND/OR THE SERVICES, THAT INFERISE HUB AND/OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF INFERISE HUB AND/OR THE PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN INFERISE HUB AND/OR THE SERVICES WILL BE CORRECTED, THAT INFERISE HUB AND/OR THE SERVICES WILL BE FREE FROM CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION.
Any material accessed, downloaded or otherwise obtained through the use of Inferise Hub, is accessed at your own discretion and risk, and you will be solely responsible for and hereby irrevocably waive and release Inferise and its directors, officers, employees, partners, licensors and/or agents, from any claims and causes of action with respect to any damage to your Internet access and/or loss of data that results from the download of any such material.
Inferise provides all technical support on an 'as is' basis, and does not make any representation or warranty of any as to such support and/or the reliability, quality, accuracy, availability thereof, or its ability to meet your needs, provide certain outputs or achieve certain results.
Inferise makes no guarantee of confidentiality or privacy of any communication or information transmitted through the use of the System.
You understand and agree that no data transmission over the Internet or information storage technology can be guaranteed to be completely secure, and Inferise expressly disclaims any warranties, express or implied, to that effect.
Nothing generated by Inferise Hub, whether Deliverables or otherwise, whether oral or written, obtained by you from us through Inferise Hub or otherwise, shall create any warranty, representation or guarantee not expressly stated in these Terms of Use.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations (or any part thereof) may not apply to you.
8. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL INFERISE, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS AND/OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (B) LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, (C) ANY OTHER LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, AND/OR (D) ANY THIRD PARTY CLAIMS AGAINST YOU; WHERE THE DAMAGES REFERRED TO IN (A), (B), (C) AND/OR (D) ABOVE RESULT IN ANY WAY FROM ANY MATTER RELATING TO AND/OR ARISING FROM INFERISE HUB, INCLUDING, WITHOUT LIMITATION (I) YOUR ACCESS TO AND/OR USE, INABILITY TO ACCESS OR USE INFERISE HUB, AND/OR ANY EXTERNAL SITE; THE LIMITING, SUSPENSION OR TERMINATION OF YOUR USER ACCOUNT, AND/OR YOUR RELIANCE ON INFERISE HUB; AND/OR ANY EXTERNAL SITE, (II) ANY ERRORS, OMISSIONS AND/OR OTHER INACCURACIES IN ANY CONTENT ACCESSIBLE BY INFERISE HUB AND/OR IN ANY DELIVERABLE CREATED THEREBY, AND/OR (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON INFERISE HUB; REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE), EVEN IF INFERISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
IN ADDITION, ALL RESPONSIBILITY OR LIABILITY OF INFERISE, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS AND/OR AGENTS FOR ANY DAMAGES CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS IS HEREBY DISCLAIMED.
IN NO EVENT SHALL THE TOTAL LIABILITY OF INFERISE, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS AND/OR AGENTS, TO YOU AND/OR TO ANY THIRD PARTY, FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY OR DEATH) EXCEED THE TOTAL AGGREGATE AMOUNT PAID BY YOU TO INFERISE AS SUBSCRIPTION FEES (LESS AMOUNTS ALREADY PAID BY US TO YOU FOR ANY PREVIOUS LIABILITIES).
Any cause of action by you with respect to Inferise Hub, must be instituted within one (1) year after the cause of action arose.
Some jurisdictions do not allow the exclusion or limitation of liability for personal injury or death, or of incidental or consequential damages, so the limitations above may not apply to you.
9. Indemnity
You will indemnify and hold Inferise and its directors, officers, employees, partners, licensors and/or agents, harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs), related to any demand and/or claim brought against Inferise and/or its licensors by any Users and/or any other third party, due to or arising out of your use of Inferise Hub, any Feedbacks you send us, your violation of these Terms of Use, and/or your violation of any rights of another party.
10. Ownership
10.1 You hereby acknowledge that Inferise Hub as a whole constitutes an original work of authorship of Inferise (and/or of its licensors), and that all present and future rights, ownership, title and interest in and to Inferise Hub, including, but not limited to, the compilation, collection, selection, assembling, organization, coordination and arrangement of the Deliverables (whether or not any such Deliverable is protected by copyright, or by any other Intellectual Property Rights) within Inferise Hub, and the related instructions, databases and technology embedded therein or upon which Inferise Hub is based, and the related Intellectual Property Rights – are, as between you and Inferise, and shall remain at all times, the sole and exclusive property of Inferise.
Inferise Hub contains proprietary information, material and trade secrets that are owned by Inferise, and are protected by applicable Intellectual Property and other laws, including but not limited to, copyright.
You may use Inferise Hub only in accordance with and subject to these Terms of Use.
10.2 You are not granted, and nothing contained in Inferise Hub and/or these Terms of Use should be construed as granting, by implication, estoppel or otherwise, ownership and/or any right and/or license in or to Inferise Hub, other than as specifically set forth in these Terms of Use.
10.3 Any third party trade or service marks present on the Deliverables ("Third PartyMarks") are trade or service marks of their respective owners, and may not be removed or altered.
10.4 THE USE OF Inferise Hub, EXCEPT FOR USE OF Inferise Hub AS EXPRESSLY PERMITTED IN THESE TERMS OF USE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF INFERISE AND/OR OF OTHERS, AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR COPYRIGHT INFRINGEMENT.
10.5 You agree that the 'Inferise', trademark, trade name, service marks, graphics, logos and other brand features used in connection with Inferise Hub, are trademarks and trade names, or registered trademarks and trade names, of Inferise (collectively, the "Inferise Marks"), and are protected by applicable law.
Except as shall be present on the Deliverables, nothing in these Terms of Use gives you a right to use or display the Inferise Marks in any manner.
10.6 Inferise reserves all rights not specifically granted to you under these Terms of Use.
10.7 Excluding the Third Party Marks, the Inferise Marks and the Inferise IP (as defined below), you shall be the sole and exclusive owner of all right, title and interest in and to all of the Deliverables created by your use of Inferise Hub and/or the processing thereby of your Content, as of the inception thereof, including all Intellectual Property Rights encompassed therein.
You hereby grant Inferise a limited, worldwide, non-exclusive, royalty-free, non-sublicensable and non-transferable license to use, modify, edit, reproduce, distribute, display, and perform the Deliverables only in connection with providing the Services and solely for the term of the Subscription.
To the extent that any of our Intellectual Property is embedded and/or otherwise incorporated in any Deliverable created by your use of Inferise Hub and/or the processing thereby of your Content (the "Inferise IP"), is, as between you and Inferise, and shall remain at all times, the sole and exclusive property of Inferise. We hereby grant you a non-exclusive, worldwide, irrevocable, transferable, sublicensable, perpetual, fully paid up and royalty free, right and license to use such Inferise IP solely as part of your use of such Deliverable.
10.8 For the purposes of these Terms of Use:
"Intellectual Property" means all intellectual, moral, industrial and/or proprietary property and rights now or hereafter recognized under any applicable law or in equity anywhere in the world, whether issued or pending, registered or unregistered, including, but not limited to (i) all forms of patents and utility models; (ii) inventions, discoveries, (whether patentable or not); (iii) rights associated with works of authorship, including but not limited to copyrights and maskworks; (iv) trademarks and service marks, trade names, domain name registration, and all goodwill associated therewith; (v) industrial designs (whether or not capable of registration), and design rights; (vi) database rights; (vii) trade secrets and know-how; (viii) all rights to confidential or proprietary information; and with respect to the intellectual property included in paragraphs (i) through and including (viii) above - any rights analogous to those mentioned herein; all derivative works thereof; and any current or future applications, substitutions, revisions, additions, renewals, extensions, restorations, provisionals, continuations, continuations-in-part, divisions, reexaminations and reissues thereof or thereto; the right to apply to any of the above; all rights and privileges, statutory and non-statutory with respect to any of the above, including, but not limited to, the right, if any, to sue or bring other actions for past, present and future infringement thereof; and all of the tangible embodiments thereof.
"Intellectual Property Rights" means all rights, title and interest in and to any Intellectual Property.
11. External Sites
Inferise Hub may enable access to certain third party websites, including (but not limited to) social media platforms that have a link on Inferise Hub (collectively, "External Sites").
We are not responsible or liable for the practices employed by External Sites linked to Inferise Hub, nor for the information or content contained therein.
When you use a link to go from Inferise Hub to External Sites, these Terms of Use and our Privacy Policy are no longer in effect.
Your browsing and interaction on any External Site, are subject to that External Site's own rules and policies.
WE DO NOT WARRANT OR ENDORSE ANY ADVERTISING, PRODUCTS, SERVICES OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SITES AND ARE NOT LIABLE FOR ANY LOSS AND/OR DAMAGE WHICH MAY BE INCURRED BY YOU OR ANY OTHER PERSON, AS A RESULT OF, AND/OR IN CONNECTION WITH, ANY RELIANCE PLACED BY YOU ON ANY OF THE ABOVE.
In addition, External Sites that may be accessed from Inferise Hub are not available in all languages or in all countries.
We make no representation that such External Sites are appropriate or available for use in any particular location. To the extent you chose to access such External Sites, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to, applicable local laws.
We reserve the right, at any time and from time to time, without liability to us or notice, to change, suspend, remove, or disable your access to any External Services, and/or to impose limits on your use of, or access to, certain External Services.
12. Acknowledgments
• 'Adobe' and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Adobe, Inc.
• 'Discord' and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Discord, Inc.
• 'FastSpring' and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Bright Market, LLC.
• 'Google Drive' and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Google LLC.
• 'Instagram', 'Facebook' and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Meta Platforms, Inc.
• 'LinkedIn' and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Microsoft Corporation.
• 'SoundCloud' and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of SoundCloud Limited.
• 'Stripe' and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Stripe, Inc.
• 'TikTok' and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Bytedance Ltd.
• 'Twitter' and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Twitter, Inc.
• 'Vimeo' and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Vimeo, Inc.
• 'YouTube' and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of YouTube / Google LLC.
13. Termination
These Terms of Use shall be effective until terminated by you or by Inferise.
Without derogating from Inferise's right to terminate these Terms of Use as set out in Sections 4.6 and 5 above, Inferise, at its sole discretion, without notice to you, may terminate these Terms of Use, effective immediately, if you, in Inferise's sole discretion, fail to comply with any of the provisions of these Terms of Use, without prejudice to the right of Inferise to be indemnified for its damages and any other right and remedy.
In the event of expiration or termination of these Terms of Use for any reason, the provisions which by their nature would continue beyond expiration or termination (including, without limitation, the provisions of Sections 1, 3.2, 4.6, 6.2, 7, 8, 9, 10, 13 through and including 21), shall survive such expiration or termination for any reason and shall continue to apply.
Inferise shall not be liable to you or any third party for the expiration, termination or suspension of your access to Inferise Hub, or any claims related to such expiration, termination or suspension.
Upon expiration or termination of these Terms of Use, you will cease all use of Inferise Hub.
14. Restrictions on Linking or Framing the Site
You may not, without Inferise's express prior written permission, (i) display ('frame') content of the Site (or any portions thereof) within another Internet site, or (ii) archive, cache or mirror the Site (or any portions thereof).
15. Unsolicited Feedback Submission Policy
You agree that any ideas, remarks, comments, proposals, suggestions, recommendations, feedback, any other input and/or information that you may provide to Inferise (collectively, "Feedback"), is entirely voluntary, and that Inferise will be free to use any such Feedbacks if and as Inferise will see fit, without any obligation or compensation to you or any other person sending the Feedback. Inferise will have exclusive ownership of all present and future existing rights to any of Feedbacks of every kind and nature everywhere, and you hereby irrevocably assign to Inferise all rights therein. Inferise will not be required to treat any Feedback as confidential. You acknowledge that you are responsible for whatever material you submit, and will have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright. You hereby irrevocably waive and release Inferise and its directors, officers, employees, partners, licensors and/or agents, from any claims and causes of action with respect to any Feedback and the use or non-use thereof by Inferise.
16. Unlawful Activity
We reserve the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
17. Export Regulations
You may not use or otherwise export or re-export Inferise Hub except as authorized by United States law and the laws of the jurisdiction in which Inferise Hub was accessed. In particular, but without limitation, Inferise Hub may not be exported or re-exported (a) into any countries subject to U.S. embargo and trade sanction programs, or (b) to anyone on, or acting on behalf of, the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Denied Persons List or Entity List.
By using Inferise Hub, you represent and warrant that (i) you are not located in any country that is subject to a U.S. Government embargo or trade sanction programs, or that has been designated by the U.S. Government as a "terrorist supporting" country; that (ii) you are not listed on any U.S. Government list of prohibited or restricted parties and that (iii) you are not a Restricted Person. You also agree that you will not use Inferise Hub for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.
18. Governing Law and Jurisdiction
These Terms of Use shall be governed and construed in accordance with the laws of the North Carolina, United States, without reference to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use.
Both parties hereby irrevocably submit to the exclusive jurisdiction of the competent courts North Carolina, United States, to resolve any dispute arising out of or pursuant to these Terms of Use, and you hereby consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Notwithstanding the above, you agree that Inferise shall be allowed to take any legal action against you in any jurisdiction.
19. Address and Notices
Inferise's address for the purposes of these Terms of Use is 600 Park Offices Drive Suite 300-4050 Research Triangle Park, NC 27709, United States.
Any questions, complaints, claims or other communication to Inferise concerning Inferise Hub should be directed to: [email protected].
Communications made to us by email will not constitute legal notice to Inferise or any of its directors, officers, employees, partners, licensors and/or agents.
We may send you notices with respect to Inferise Hub by, email, regular mail, or postings on Inferise Hub, or by any other means reasonably designed to give you such notice.
All communications between Inferise and you will be in the English language only.
20. Changes to these Terms of Use
We may change these Terms of Use at any time and from time to time without liability to Inferise or notice. Any such change will be effective immediately as of the date it is posted on this page.
Your continued use of Inferise Hub after the effective date of any changes to these Terms of Use, will be deemed to constitute your acceptance of any and all such changes.
21. Miscellaneous
Headings and Interpretation. The headings of the Sections in these Terms of Use are for reference only and shall not be considered in the interpretation hereof. In these Terms of Use, unless the context otherwise requires or expressly stated otherwise: singular terms include the plural and vice versa; the use of any gender shall be applicable to all genders; the words "include" and "including" will not be construed as terms of limitation; the words "day", "month" and "year" mean respectively, calendar day, calendar month and calendar year. References to any legislation or regulations include references to any amendments or re-enactments thereof from time to time.
Any translation of these Terms of Use is provided solely for your convenience and is not intended to modify these Terms of Use. In the event of a conflict between the English version of these Terms of Use and a version in a language other than English, the English version shall prevail.
Entire Agreement. These Terms of Use, together with Inferise's Privacy Policy, contain the complete agreement between the parties and supersedes any prior understandings, agreements or representations by or among the parties, which relate to the subject matter of these Terms of Use.
Severability. In the event that any provision of these Terms of Use is held by a competent court to be invalid or unenforceable, that provision shall be construed, limited, modified or deleted, to the extent necessary to eliminate any invalidity or unenforceability, and the remaining provisions of these Terms of Use remain in full force and effect.
Waiver. No waiver on the part of Inferise of any right under these Terms of Use shall be effective unless in writing and signed by Inferise's duly authorized representative. No waiver on the part of Inferise of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under these Terms of Use.
No Partnership. Nothing contained in these Terms of Use shall be construed as creating a partnership, joint venture, agency or other similar relationship between Inferise and you, nor as granting you the right, power, or authority (express or implied) to bind or otherwise create any duty or obligation for Inferise.
Assignment. You may not assign or otherwise transfer any of its rights and/or obligations under these Terms of Use without prior written approval by Inferise, and any purported assignment or transfer without Inferise's consent shall be null and void. Inferise may assign and/or otherwise transfer some or all of its rights and/or obligations under these Terms of Use to any third party without consent or notice. Subject to the above, these Terms of Use shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns.
No Third Party Beneficiaries. These Terms of Use do not create any obligation of a party to any third parties, nor shall it be deemed to create any rights or causes of action on behalf of any third parties.
Effective Date: 2025-01-06