Terms and Conditions
Last Updated: April 29, 2024
These terms and conditions govern your access to and use of the AI APIs (“Services”) provided by A63.ai, a division of A63 Digital (“Provider”) through its website. By accessing or using the Services, you agree to be bound by this Agreement (“Agreement”). If you do not agree with any part of this Agreement, you must not use the Services.
Introduction
The content of the pages of this website is for your general information and use only. It is subject to change without notice. This website uses cookies to monitor browsing preferences. If you allow cookies to be used, personal information may be stored by us for use as stated. Your use of any information or materials on this website is entirely at your own risk, for which the Provider shall not be liable. It shall be your responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
Services Provided
Services: The Provider and the Client (customers who have access to the Service or website or who have access on behalf of such Client are herein referred to as “Client”) agree that, commencing as of the Commencement Date and continuing during the term of these T&Cs, the Client shall utilize the Provider as the provider of the services to the Client and incorporated herein subject to the terms set forth in these T&Cs.
Subscription of the Services: Without limiting any other obligation hereunder regarding the provision of the Services, the Provider agrees that it shall provide the Services in accordance with specifications, milestones, procedures, and protocols set forth.
Additional Services: From time to time during the Initial Term or any Renewal Term of these T&Cs, the Client may request that the Provider provide additional services to the Client. The Provider is under no obligation to provide such services. In the event the Provider agrees to provide such additional services, the parties shall execute a written amendment to these T&Cs and such amendment will be incorporated into these T&Cs.
License and Usage
Grant of License: The Provider grants you a limited, non-exclusive, non-transferable license to access and use the Services solely for the purpose of integrating AI and ML techniques into your applications.
Restrictions: You must not:
- Modify, adapt, or create derivative works of the Services.
- Use the Services for any illegal, harmful, or unauthorized purposes.
- Reverse engineer, decompile, or attempt to extract the source code of the Services.
- Sell, resell, or sublicense the Services to any third party.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
Intellectual Property
Ownership: Users retain all rights, title, and interest including any intellectual property rights in the generated images. This Agreement does not grant you any ownership rights to the Services.
Feedback: If you provide any feedback or suggestions regarding the Services, the Provider may use such feedback or suggestions without any obligation to you.
Data Privacy
Data Collection: The Provider may collect and process data from your use of the Services. Please refer to the Privacy Policy [include a link to your privacy policy] for more information on how data is collected, used, and protected.
Confidentiality: Each Party, for itself and its Agents, agrees that it will:
- Hold any and all Confidential Information of the other party in strict and complete confidence, and
- Not, without the prior written consent of the other party, disclose to any person or entity or use for its own or any other purpose, other than in connection with these Terms and Conditions (“T&C”), any Confidential Information of the other party.
General Data Protection Regulation (“GDPR”): The parties agree that the Provider will process EU Personal Information as a Service Provider strictly for the purpose of performing the Services under the Agreement. The Provider shall not (a) Sell EU Personal Information; or (b) retain, use, or disclose EU Personal Information for any purpose other than for the Business Purpose or as otherwise permitted by the GDPR without explicit consent from the customer or data subject.
Representations and Warranties
- Provider and Client have the full right and authority to enter into these T&Cs.
- Provider retains the right to engage with a third party and/or assign its rights and obligations herein for consideration.
- Client will use commercially reasonable efforts to cooperate with the Provider.
- Both Parties shall take all reasonable measures to ensure that the information transmitted to or from the Provider servers is secure and shall not authorize any third person to have any unauthorized access to the Provider servers.
- No party shall supplement, modify, substitute, or alter the scope of the Services without the prior written consent of the other party.
Limitation of Liability
- No Warranty: The Services are provided on an “as is” basis without warranties of any kind, whether express, implied, or statutory. The Provider disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Limitation of Liability: In no event shall the Provider be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of the Services, even if the Provider has been advised of the possibility of such damages.
Termination
- Termination: The Provider may suspend or terminate your access to the Services at any time for any reason without prior notice.
- Survival: Upon termination, all provisions of this Agreement that by their nature should survive termination shall continue to apply, including but not limited to provisions related to intellectual property, limitation of liability, and confidentiality.
Indemnification: You agree to indemnify, defend, and hold harmless the Provider, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees arising out of or in connection with your use of the Services or any breach of this Agreement.
Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of Ireland. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Ireland.
Modifications: The Provider reserves the right, at its sole discretion, to modify or replace this Agreement at any time. Any such modifications will be effective immediately upon posting on the Provider’s website. Your continued use of the Services after any changes to this Agreement constitutes your acceptance of the modified terms.
