The following terms of use (“Terms”) enclosed herein establish the regulations governing the utilization of the services (“Services”) provided by all platforms associated with Buidl Inc. (“Induced,” “we,” “us,” “our”). These platforms, including but not limited to, the Website https://www.induced.ai/, the Application https://develop.induced.ai, Discord https://indcd.co/discord and Twitter https://x.com/inducedai (collectively referred to as the "Platforms"). These Terms are effective as of 27th February 2024 (“Effective Date”) and constitute a binding contractual agreement.
These Terms are legally binding upon our users (“you,” “your,” “User(s)”), encompassing any individual or entity that accesses, registers, downloads, browses, or utilizes, in any capacity, the services provided by Us through its Platforms. By clicking the ‘accept’ button for the electronic copy of these terms or by using or accessing the Platforms, the User explicitly acknowledges and consents to have diligently examined these Terms, comprehended their meaning and intent, and accepted all the stipulations/provisions contained herein, in addition to Our Privacy Policy https://induced.ai/privacy. In the event that the User does not accept any of the Terms or does not fulfill any of the obligations delineated within these Terms, the User is not authorized to access or use the Services or the Platforms offered by us.
This version shall be legally binding while conveying the necessary information regarding the acceptance of terms and conditions.
Definitions and Interpretation
Action refers to any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, examination, notice of violation, proceeding, litigation, citation, summons, subpoena, or investigation of any nature, civil, criminal, administrative, regulatory or otherwise, whether at law or in equity.
Affiliate(s) refers to any person or entity directly or indirectly, employed or engaged on a contractual basis, or in any other similar way related to us.
Applicable Law(s) refers to any and all substantive and procedural laws, including, but not confined to, the laws of the state of Deleware, and any other laws that apply to the User(s).
API refers to an application programming interface, a delineated set of rules and protocols that facilitate communication between distinct applications.
Confidential information refers to any non-public information, regardless of its format (written, electronic, or otherwise), that Induced, its Affiliates, or third parties explicitly identify (or designate) as confidential, or that, under the prevailing circumstances, ought to be reasonably perceived as confidential or private. This includes, but is not limited to, software, specifications, and proprietary business data that is not publicly accessible. It is important to note, however, that “Confidential Information” does not encompass information that:
1. Is or becomes generally available to the public without any direct fault of the Users;
2. Users possess without any obligations, with respect to confidentiality, when Users get access to it under the Terms;
3. Is legitimately disclosed to Users by a third party without any pre-existing obligations of confidentiality; or
User Account refers to the login account created by the Users for the use of our Services.
User, refer to any person (individual, entity, or otherwise), irrespective of their legal status, who interacts with or uses the Platforms;
Visitor shall include visitors and/or readers who inter-alia browse, read and watch content provided on the Platforms by us.
Scope
No guarantee of the quality, reliability, and stability of Services provided shall be taken by us since the Services of the Platform shall be subject to constant modification and change including but not limited to the art style of assets, algorithm used to generate the output, and the features available to the Users.
User Eligibility
The User accessing the Platforms, affirms and assures that they have reached the age of majority in their jurisdiction or attained the age of eighteen (18) years or the minimum age for digital consent as mandated by their respective jurisdiction, and possesses the legal capacity to enter into the terms, conditions, and obligations delineated in these Terms.
It is represented and warranted by the Users that if they are between the age of thirteen (13) and eighteen (18), the User’s parents or legal guardian has agreed upon these Terms on behalf of the User in writing. The parent or legal guardian of the minor shall assume all the risks associated with the use of Services.
If the Services of the Platform are being used on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. To register for an account, you are required to furnish accurate and comprehensive information. Users are strictly prohibited from disclosing their access credentials or account details to any parties external to their organization. Users are also solely responsible for all activities carried out using their credentials.
Users below the age of Thirteen (13) are not authorized to access the Services save as provided under 3.2. Of the Terms.
The User shall be deemed ineligible to utilize the Services or access the Platform if the User is situated within, or holds the status of a citizen or resident in any state, country, territory, or jurisdiction where the utilization of the Services would be in contravention of the law or would otherwise transgress any applicable laws.
The User may be required to create an account in order to access the services and the Platform. When selecting their username, the User shall refrain from creating any username that violates the User Code of Conduct delineated within these Terms.
Basic Use Requirements
To use the Services, the User shall be required to access the platform through compatible mobile phones, internet access, or other supported devices (“Devices”), in addition to the requisite infrastructure that aligns with specific system and compatibility prerequisites. These prerequisites are subject to potential alterations over time and may change from time to time.
The User’s ability to access the Platform and use the Services may be affected by these factors. The User acknowledges and agrees their exclusive responsibility for fulfilling these requisites, which include, but is not limited to, any pertinent costs, updates, charges, and all other conditions set forth in their agreement with their Devices and/or telecommunications service provider. We shall not be responsible for any lapse of security or failed transactions due to internet issues or issues with the Device(s).
Fees and Price Change
We are authorised to levy a fee for the Services accessible to the User via a subscription plan that necessitates recurring payments (“Fees”). These subscription plans may incorporate restrictions concerning the permissible number of users, transactions, tasks, tokens or any related parameters.
The User recognises that additional Fees may be charged on a periodic basis if usage exceeds the utilisation quota specified in the subscription details on the pricing page, or if there is extra usage based on number of users, transactions, tasks, tokens or any related parameters. Furthermore, additional Fees may also be levied according to mutually agreed-upon terms between the User and Us as documented in writing.
We retain the authority to modify the fee amount at our sole and complete discretion. Furthermore, we have the right to rectify any pricing errors or inaccuracies, irrespective of whether an invoice has been issued or payment has been received.
The Users authorize the Platform, its affiliates and third-party payment processors to create charges for the payment of fees.
In the event that payment from the User cannot be successfully processed, We shall send a written notice and retain the right to suspend the provision of Services until the outstanding payment is received. Fees are to be remitted in USD and are considered due upon issuance of the invoice. Payment is considered non-refundable, except as stipulated within the terms of this Agreement.
We retains the authority and right to alter the prices of Services provided to the User. Notification of any price modifications will be disclosed on the Platform's website. Such changes in pricing shall take effect 14 days after the announcement unless the alterations are necessitated for legal reasons, in which case they shall become effective immediately. Any modifications in pricing will apply to the Fees associated with the User account, commencing immediately upon the effective date of these adjustments.
Any dispute related to Fees or Taxes must be raised by the Users within a period of Thirty (30) days from the issuance of the disputed invoice. Failure to settle the undisputed invoice amount may result in the imposition of a financial charge, commencing from the invoice date.
Users shall assume the responsibility, as mandated by the Applicable Law, for identifying and satisfying all taxes, governmental fees, penalties, interest, or analogous assessments imposed on the User or relating to the transactions and payments as outlined in these Terms. We shall bear no responsibility for any failure by Users to remit taxes.
In order to test and evaluate the Services or new features provided by the Platform, we utilize the services of beta testers, which shall be recognised as phrases or words with similar meanings (“Beta Products”). The Beta Products shall be provided on an “as is” and “as available” basis subject to the requirements of Applicable Laws and not relating to any warranties or contractual commitments that the Platform has made for other services. It shall be in the sole discretion of the Platform to terminate offering any Beta Product.
Beta Products
User Code of Conduct
Obligations and Prohibited Actions:
The User is prohibited from utilizing any material that is false, offensive, harmful, obscene, pornographic, hateful, defamatory, libelous, disparaging, abusive, threatening, or in any other manner unlawful or in violation of the legal rights of others, contravening the provisions of this provision.
The User shall not impersonate any other natural or legal person, use their identification or contact details, create accounts in their name, or falsely state or misrepresent any association or affiliation with such persons.
Users shall be respectful to the other Users by refraining from uncivil, unpleasant, irrelevant behavior.
Users are prohibited from disclosing identifiable information about other Users unless expressly granted permission to do so by the concerned individuals.
Users shall refrain from utilizing or encouraging another party to use the Services and access the Platforms, whether directly or indirectly, for any purpose that is prohibited by Applicable laws, rules, regulations, or guidelines.
The User shall not interfere with security-related features of the Platforms, including but not limited to engaging in actions that deactivate or bypass functionalities designed to hinder or restrict the usage or replication of any content; or reverse engineering or any efforts to uncover the source code of any segment of the Platforms, unless expressly authorized by applicable law, are strictly prohibited. Any such attempt shall result in the User being barred from accessing the Platforms, along with other remedial actions; or employ any automated or programmatic means for data extraction or retrieval from the Services, which includes activities such as web harvesting, scraping, or web data extraction, except in cases where such actions are explicitly allowed through the API; or misrepresent the output to be humanly generated from the use of our Services; or buy, sell, transfer API key without the prior consent of the Platform.
The User is prohibited from collecting, generating, or influencing usernames or email addresses through the use of bots or any other means, and from selling or transferring their User profile to any individual or entity.
The User is prohibited from collecting, generating, or influencing usernames or email addresses through the use of bots or any other means, and from selling or transferring their User profile to any individual or entity.
Third-Party Services
We may utilise the services of third-party service providers in order to provide Services to the Users. However, We are not liable or responsible for the examination and evaluation of content, accuracy, timeliness, availability, validity and legality of the material provided by third-party websites and service providers.
The User shall be solely and exclusively liable to comply with the respective terms of service, fees, and charges prescribed by third party service providers. We receive no part of such charges and shall under no circumstances incur any liability arising out of or relating to such third-party charges.
We do not warrant, endorse, or assume any responsibility for third-party materials and shall not have any liability to the User or any other person for any third-party services, websites, or other materials or products.
Content
Right to content: Users may provide text, document, access to different tools necessary for the performance of task or other material to the Services for processing (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” The User hereby affirms and warrants that they possess all requisite rights, have duly furnished any requisite notifications, and have acquired all necessary consents, as may be mandated by applicable laws and regulations, for us to process any Prompts submitted by the User to the Services, consistent with the terms stipulated herein. Insofar as is permitted by applicable law, Users maintain full ownership rights over all Input. Furthermore, the User represents and warrants that the Input they submit complies with both our Privacy Policy and all other pertinent laws governing the said Input.
Ownership of Output: Subject to Users compliance with these Terms, all rights, title and interest in and to the Output shall be granted to the Users. This means Users can use Content for any purpose, including commercial purposes such as sale or publication, if they comply with these Terms and do not violate any third party rights.
Right to use the Input: By utilizing the Services and posting, uploading, inputting, providing, or submitting content, Users are expressly granting us, our affiliated entities, and third-party partners the authorization to utilize Captions, Prompts, Creations, and associated content in connection with their business operations. This authorization encompasses, without limitation, the following license rights: copying, distributing, transmitting, publicly displaying, publicly performing, reproducing, editing, translating, and reformatting Captions, Prompts, Creations, and other content provided by Users. Additionally, we retain the right to sublicense these rights to any service providers rendering their services to Us. We may use Content to provide and maintain the Services, comply with applicable law, and enforce policies. Users are responsible for Content, including for ensuring that it does not violate any Applicable Law or these Terms.
Accuracy of Output: Artificial intelligence and machine learning represent swiftly progressing areas of research. Owing to the inherent characteristics of machine learning, the utilisation of our Services may, on occasion, produce incorrect Output that may not precisely depict actual individuals, locations, or factual information. Users are advised to assess the accuracy of any Output as deemed suitable for their particular use case, including the incorporation of human review of the Output.
Virus: We do not make representations or warranties regarding the absolute security and absence of bugs or viruses in its Services or Outputs. Users are responsible for configuring their information technology, computer programs, and related resources with appropriate antivirus software. Users must refrain from engaging in any activities involving the deliberate introduction of viruses, trojans, worms, logic bombs, or any other form of malicious or technologically harmful material to the Website or our Services. Engaging in a denial-of-service attack or a distributed denial-of-service attack against the Website is strictly prohibited. Violation of this provision may constitute a criminal offence, for which we reserve the right to report to the relevant local law enforcement authorities.
Browser Task and Automation
The User may create and utilize the Services and Platforms to create browser tasks (“Tasks”) which include, but are not limited to, specific action or set of actions executed in a web browser using the Services; a predefined sequence of browser tasks configured by the User to achieve a particular goal or outcome or the automatic execution of browser tasks and workflows without requiring ongoing human involvement.
Responsibility of Tasks
The User acknowledges and agrees that they are solely responsible for any and all Tasks using the Services. This includes any accounts created, transactions made, data accessed, websites visited, or any other activities performed through the Tasks, whether manually initiated by the User or automated through the Service.
The User represents and warrants that they have the full legal right, power, and authority to perform and automate such tasks.
We expressly disclaim any and all liability for any tasks, workflows or automation created or executed by the User through the Service. We have no responsibility to monitor, review or verify any browser-based activities performed at the User's direction.
You acknowledge and agree that by using our service you can not only produce outputs but also perform actions on the web through the Tasks, which could be potentially destructive and unintentional if the underlying Task did not behave in the expected way. To prevent this from happening, we provide a low latency stream and logs both through API and the dashboard and an emergency pause button in case a Task starts to malfunction. Unsupervised and unmonitored use of our services or Automation features by the User is prohibited and it is not our responsibility to monitor or supervise Tasks initiated by the User. If you do not monitor the Task at all times, you are taking up a huge risk, and you are solely responsible for any damages, losses, liabilities, or claims arising from or relating to the use of our service. We do not suggest the usage of Automation in the background and require constant supervision and intervention from you.
Auto-Generated Credentials
We may facilitate automatic generation of temporary or permanent login credentials and passwords on behalf of the User to facilitate execution of Tasks requiring authentication. Such credentials are generated at the User's request and direction, and are made accessible exclusively to us for the limited purpose of executing the User's workflows and tasks through the Service.
Auto-generated credentials shall be retained after completion of the task or workflow for which they were generated, until revocation or deletion is requested by the User. The User retains full ownership and control over any permanent websites, accounts, or resources that may be created or accessed using auto-generated credentials.
Payment for Tasks
The User may be required to make payments to third parties to execute certain Tasks, such as making purchases or subscriptions to different tools that are part of an automated workflow. All third-party fees, taxes or charges associated with the use of browser-based tasks shall be the sole liability of the Users.
The Platform shall not be liable for any failed task due to the User’s failure to make adequate payments and purchases with respect to such third part tools.
You agree that you will not create or use any tasks that require payments or purchases for third-party tools, applications, or providers as part of the workflow, using your own or any third-party confidential information, such as credit card details, financial account details, or any other sensitive personal data. Our platform does not support the input or storage of user payment information for accessing third-party paid or subscription services needed to complete user-requested tasks. You understand and accept that creating or using such tasks violates these terms and may lead to the termination of your account or access to our platform. We may change or remove this limitation on the types of tasks supported by our platform at any time, without notice or liability to you.
User Representation and Warranties
The User represents and warrants that they will only use the Service to create Tasks for lawful purposes; they will not use the Service to create tasks that directly or indirectly violate any applicable law, regulation, or third party rights; and they assume full responsibility for any consequence or outcome related to the Tasks created using the Services.
Recording of User Activity
By using our service, you consent to the recording, archiving, and availability of your Task Sessions, which include, but are not limited to, recordings and video captures of the browser-level Task workflow on our platform (collectively, the “Recorded Sessions”).
You may activate the “Authentication Mode” on our platform to pause the recording whenever you enter or access any personal data or perform any browser activity that you do not wish to be part of the Recorded Session. You retain sole ownership, control, and responsibility over the content, functions, and purposes of the Recorded Session. You acknowledge that the Recorded Session reflects your directed inputs and commands executed through our platform. We disclaim all ownership, liability, and responsibility over the end use or application of the Recorded Session.
You also acknowledge and agree that we may access the data logs, streams, recordings, and other transactional activity data related to the Tasks created by you (collectively, the “Session Data”). We will only access the Session Data for the purposes of quality assurance, debugging, and product improvement, and we will limit such access to the teams that require it. We will not use, disclose, or share the Session Data for any other purposes, except as required by law or with your prior written consent.
Confidentiality
When using the Services, Users may be given access to Our Confidential Information, our affiliates or third party as permitted under the Terms. The Users represent and warrant to protect Our confidential information with reasonable care.
Confidential Information may only be revealed when compelled by law or pursuant to a lawful court order or government directive, provided that the User provides the Platform with reasonable advance written notice and make reasonable endeavors to restrict the extent of disclosure.
If the Services are used to process personal data, Users must provide legally adequate privacy notices and obtain necessary consents for the processing of data in accordance with the Applicable Law.
Assumption of Risk
The User acknowledges and accepts the following:
The User shall assume the risks associated with the use of experimental technology such as artificial intelligence.
Regulatory regime with respect to generative AI is uncertain and evolving with material and adverse effects from new regulations and policies. The Users shall be liable for the risks associated with these regulatory changes.
Services may be susceptible to technological disruptions arising from actions undertaken by third parties. These actions include, but are not limited to, interruptions on any third-party platform that the User accesses through Our Platforms, as well as fluctuations in network availability and network disturbances.
Indemnification
The User agrees to hold harmless and indemnify us and all our Affiliates against any claim or demand initiated by one or more third parties, arising out of:
Breach of Terms by the User;
Services or Platform’s misuse by the User or any third party;
Breach of any laws, regulations, codes, statutes, ordinances, or directives established by governmental or quasi-governmental authorities;
Infringement upon the rights of third parties, encompassing, but not confined to, intellectual property, confidentiality, privacy, and/or publicity rights;
Misrepresentation or fraud on the part of the User; and
We reserve the right to assume, at the User’s expense, the exclusive defense in any matter subject to this clause and indemnification by the User.
Users agree to cooperate with us when defending any claim of indemnification. User shall refrain from settling any claim without Our receiving prior written consent.
Term and Termination
Terms shall be effective from the Effective Date and shall be binding on the parties till the termination under this clause.
We reserve the right to terminate the User from using our Platforms without prior notice or liability, if the User is found to be in breach of these Terms. We shall not be liable for any loss of information, damage, or any other loss of similar nature.
The User has the option to request the termination of their account by reaching out to us. Once such a request is processed, the User's privilege to use the Platforms will be terminated. Subsequently, the User must expeditiously return or, upon receiving instructions, destroy any Confidential Information.
Provisions that, due to their inherent nature certain clauses are designed to subsist beyond termination or expiration, which includes, but is not restricted to, Clause No. 11, 14, 15, shall indeed remain in full force and effect.
Limitation of Liability
We and our Affiliated Parties shall not, under any circumstances, be held liable for any special, incidental, indirect, or consequential damages, whether arising from contract, tort, negligence, strict liability, or otherwise, in connection with these Terms or any other matter, even if any of our authorized representative has been informed or should have been aware of the potential for such damages.
We shall be liable to perform the duties which are expressly mentioned in the Terms. We shall not be bound by implied duties. We bear no responsibility concerning, and are not obligated to investigate, the stipulations of any agreement, except for the Terms of Service.
The User comprehends and agrees that, to the maximum extent permissible under applicable law, neither we, our Affiliates, nor any associated entities, suppliers, or licensors shall assume liability toward the User for any form of damages, encompassing, but not restricted to, direct, indirect, incidental, special, punitive, exemplary, or other damages, inclusive of, but not limited to, damages pertaining to loss of reputation or any other tangible or intangible losses.
Any damage resulting from the operations of the Platform;
Actions of the third party resulting from the use of our Services;
Any actions taken by us or failure thereof;
A technical malfunction or human errors;
Any loss, harm, or injury, whether direct or indirect, stemming from forgotten passwords, server failure, malfunctions, service misuse, or intangible losses;
Inability to access the Platform;
The introduction of viruses, worms, or other destructive programs or any other commercial or economic losses; or
Any decision taken or action pursued by any party in reliance of our data that has been processed belatedly, inaccurately, inadequately, or has been lost.
General Terms
The terms shall not establish any form of partnership, joint venture or similar association between us and the Users. The Users and the Platform are independent contractors who are not bound by or assume any obligation on behalf of the conduct of the other party.
By using our service, you agree to receive email communication from us, which may include, but is not limited to, important information about your account, your workspace, your billing, your support requests, and other service-related matters. You may opt out from receiving marketing newsletters and promotional emails from us at any time by following the instructions in those emails. However, you may not opt out from receiving service-related emails, as they are essential for the proper functioning and security of our service.
Our name, logo or trademark are our exclusive property. Users must seek written consent prior to making use of the same.
Notices if any, shall be issued to the Users in writing using the registration information provided by the Users.
The utilisation, facilitation, or provision of benefits from the Services is strictly prohibited in or for the benefit of, and shall not be exported or re-exported to:
Any countries subject to trade embargoes by the United States (hereafter referred to as "Embargoed Countries"), or
Any individual or entity listed on the U.S. Treasury Department's roster of Specially Designated Nationals, any other current or future restricted party lists designated by the Office of Foreign Assets Control, the U.S. Department of Commerce Denied Persons List or Entity List, or any other consolidated “Restricted Party Lists.”
By acknowledging and accepting these Terms, Users hereby affirmatively represent and warrant that their physical location is situated outside of any countries subject to embargoes and that they are not listed as restricted parties in any aforementioned restricted party lists. Additionally, Users are under an obligation to comply with all applicable legal provisions relating to embargoed countries or restricted party lists, including any obligations to independently ascertain and verify the identities of their end users.
In the case of breach or violation of the Terms resulting in irreparable harm or injury to Us, Users acknowledge that We reserve the right to seek injunctive relief.
Disclaimers
We do not make any representations or warranties. The services are provided on an “as is” and “as available” basis. We and/or our subsidiaries, affiliates, related entities, agents, representatives, partners, licensors, or any such related party to us (collectively, “indemnified parties”) make no guarantees of any kind in connection with the services provided by us or by any of its users.
We and all indemnified parties hereby expressly disclaim all warranties, whether express or implied, in connection with any or all materials, content, or services offered through/by us or our platforms, including, but not limited to, (a) any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranties arising out of course of dealing, usage, or trade.
We makes no representations or warranties concerning the uninterrupted availability, security, or error-free nature of the service, or any portion thereof, or of any materials, tasks or content made available through the service. We do not warrant the absence of viruses or other harmful components, and disclaims any promise of remedy for such issues. The user bears the sole responsibility for any and all damages that may arise from their utilization or access to our platform or any third party on our platforms.
The user understands and agrees that the user is solely responsible for any property damage (including, but not limited to, the user's computer system, mobile device, and/or any other device utilized to access our application, or our platforms), or loss of data, or any kind of pecuniary loss. These limitations shall apply to the maximum extent permitted by law.
Force Majeure
We shall not be liable for compensating inadequate performance of any obligations set forth in these Terms, caused due to force majeure circumstances.
Force majeure events encompass, without limitation, occurrences such as acts of God, natural or industrial disasters, pandemics, acts of terrorism, power supply failures, civil disturbances, military actions, equipment shutdowns, and/or other analogous circumstances that are beyond reasonable anticipation or prevention.
Intellectual Property
We maintain full ownership, legal title, and interest in all intellectual property belonging to us, including but not limited to, inventions, concepts, domains, logos, trade dress, source code, findings, methodologies, trademarks, applications, software, information, data, and all other intellectual property rights related to Platforms, irrespective of their potential for patent, copyright, or trademark protection.
We expressly disclaim any assertion of ownership or entitlement to the trademarks and/or intellectual properties associated with third parties on the Platforms or through the Recorded Sessions, and shall not incur any liability whatsoever in connection with any disputes that may arise from the utilization, misuse, or infringement of said trademarks or intellectual properties.
By using our service, you grant us a non-exclusive, royalty-free, worldwide, revocable, and sublicensable license to display your logo and name on our website and other promotional materials for the purpose of indicating that you are a user of our service. You warrant that you have the necessary rights and authority to grant us this license and that your logo and name do not infringe or violate any third-party rights or applicable laws, regulations, or policies. You may terminate this license at any time by notifying us in writing and requesting that we remove your logo and name from our website and other promotional materials. We will comply with your request within a reasonable period of time.
We welcome feedback, comments, ideas, and/or suggestions ("Feedback") for the enhancement of the Platforms, which can be conveyed directly to us. We shall possess an exclusive, perpetual, irrevocable, royalty-free, sub-licensable, and transferable license for the utilization, reproduction, alteration, creation of derivative works, enhancements, and commercialization of the Feedback and any resulting derivative works or improvements in any form or for any purpose. We shall not be obligated to provide any form of compensation to the User for such Feedback.
Users shall send a written notice or fill the following form in case of any infringement of their intellectual property right. The Platform shall remove or disable access to alleged infringing content from the Platform and terminate the account indulging into infringement practices.
Governing Law
The Use of our Services and these Terms shall be governed by and construed in accordance with the substantive laws of the State of Delaware, USA without regard to conflict of law principles.
If a lawsuit, court proceeding, or any similar Action is permitted under these Terms, we and the Users agree to submit to the personal and exclusive jurisdiction of the courts of State of Delaware for the purpose of litigating any dispute.
Nonetheless, we reserve the prerogative to initiate any suitable legal action or proceeding against the User, within the User’s domicile or any other pertinent jurisdiction. The User acknowledges and consents to relinquish any and all objections with respect to the jurisdiction exercised by such courts and the choice of venue therein.
Dispute Resolution and Class Action Waiver
Arbitration
We and the Users mutually agree that the disputes shall be resolved through final and binding arbitration only, which shall be conducted at a place mutually agreed by the parties, subject to the following conditions:
Both the parties to these Terms have a right to commence arbitration proceedings through a recognised dispute resolution provider;
Prior written consent of all the parties is necessary before institution of any proceeding or arbitration;
The cost and fees of arbitration shall be equally borne by both the parties;
The arbitration shall be conducted by a sole arbitrator appointed as per mutual agreement.
All matters shall be subject to determination by the arbitrator. Furthermore, neither party shall disclose the amount of any settlement offer to the arbitrator until after the arbitrator has rendered the final award, if any.
Class Action Suit
The User explicitly waives any and all rights to participate in a class action lawsuit, engage in class-wide arbitration, or partake in any other legal proceeding in which either party represents or seeks to represent a group. Claims shall only be pursued by the User in an individual capacity.
Waiver of Rights of the Parties
The waiver of any portion or the entirety of the Terms shall be considered as an ongoing or extended waiver of that specific part or any other section of the Terms. Furthermore, the User’s omission to assert any rights or segments of these Terms shall be regarded as, or otherwise constitute, a relinquishment of those rights or segments.
Limitation period
Any legal claim arising from these Terms must be initiated within one (1) year from the time the cause of action arises. Failing to do so will result in the permanent prohibition of such a cause of action.
Waiver of Liability
To the maximum extent allowable by applicable law, the User hereby releases us and our affiliated entities from any responsibility, liability, claims, demands, and/or damages (both actual and consequential) of all types and descriptions, whether known or unknown (including, but not limited to, claims alleging negligence). This release pertains to disputes among Users and the actions or inactions of third parties.
The User expressly renounces and waives any rights that may be conferred upon them under any other statutes or common law principles, which might otherwise limit the scope of this renunciation or waiver to solely include those claims that the User may be aware of or suspect to exist in their favor at the point of agreeing to this renunciation or waiver.
Miscellaneous
Entire agreement - These terms encompass all the provisions that are applicable to the User and take precedence over any prior, unrecorded communications, representations, or agreements.
Severability - In the event that any provision contained herein is deemed unenforceable or invalid under the law, only such provision or portion thereof shall be deemed void, while all other remaining provisions shall continue to be fully effective and enforceable.
Assignment - We may without any notice or consent of the Users assign these Terms at any time to any entity.
Rights Reserved - We have the right to modify, update or change the Terms mentioned herein from time to time. We reserve the right to modify, update and/or change the Terms contained herein from time to time. Modifications will be incorporated into our Terms and Conditions, and ongoing Use of the services shall be construed as an acceptance of the updated Terms.
Notices: The Platform shall provide all notices to the Users in writing using the registration information and email address provided by the Users for the use of our Services. Notices will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post.
Contact Information
If the Users have any questions about these Terms, feel free to write or contact us at support@induced.ai.