Website terms of use
Elbe AI Inc.
Website Terms of Use
Effective: October 17, 2023
The elbe.ai website and its subdomains are owned and operated by Elbe AI Inc., a Georgia corporation, together with its affiliates, subsidiaries and partners (“Elbe,” “we”, “our”, or “us”). This Website Terms of Use Agreement (“Agreement” or “Terms”) is intended to make you aware of the terms and conditions of your use of our website(s) (the “Site”) and the content available there. If you sign up for any of our products or services (“Services”), these will be governed by applicable Terms. This Agreement applies to any Site where this Agreement is referenced or linked to. We reserve the right to update and modify these Terms at any time without prior notice. Any modifications to these Terms will be effective immediately upon posting of the updated Terms on the Site. Your continued use of the Site following a notice of updated Terms constitutes your acceptance to be bound by any changes.
PLEASE READ THIS AGREEMENT CAREFULLY. BY CREATING, REGISTERING, USING OR ACCESSING AN ACCOUNT, OR THE SITE, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE OR SERVICES, OR MANIFESTING YOUR ASSENT TO THESE TERMS IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO BE BOUND BY, AND SHALL BE SUBJECT TO, THESE TERMS. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS, YOU MAY NOT USE OR OTHERWISE ACCESS THE SITE OR SERVICES, CREATE, REGISTER OR ACCESS AN ACCOUNT OR POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE.
1. Overview.
1.1. General. The Site and our Services are intended only for those eighteen (18) years of age and older. By accessing the Site or using the Services, you represent and warrant to us that (i) you are an individual at least 18 years old and of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; and (iii) you are legally permitted to use and access the Site and take full responsibility for your access, selection and use of the Site.
1.2. Account. You may be required to complete an account registration process. You may not use a name, email, or phone number of another person or entity with the intent to impersonate that person. It is your sole responsibility to update your account information as necessary. You will protect the confidentiality of your password and account information and are responsible for maintaining the confidentiality of such. Any failure to comply with this Section 1.2 may result in immediate termination of your account. Elbe reserves the right to refuse registration of or cancel your account in our sole discretion. You will not: (i) use another user’s credentials to obtain copies of or access the Site; or (ii) use your account to download unauthorized copies of, or grant others access to, the Site.
1.3. Right to Modify. Elbe reserves the right, in its sole discretion and without prior notice, to change, modify, discontinue, terminate, or suspend all or part of the Site for any reason and without notice to you. Elbe has no obligation to update the Site. Elbe will not be liable if, for any reason, all or any part of the Site is unavailable at any time for any period.
2. Prohibited Uses; Submissions.
2.1. General Prohibitions. You may use the Site only for lawful purposes and in accordance with these Terms of Use. You shall not use the Site in any way that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, rule, ordinance or regulation; (iii) violates any other agreement you have with, or any obligations to, any third party; (iv) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (v) misrepresents the source or identity of any content; (vi) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vii) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code, or violates the security of another computer network, crack passwords, or security encryption codes; (viii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Elbe; (ix) engages in or furthers any fraudulent, abusive, or otherwise illegal activity, including but not limited to storing illegal material; (x) sends spam or junk mail; (xi) unleashes manual or automated software, devices, or other processes to “crawl” or “spider” any page or content of the Site; (xii) decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Site; (xiii) removes, obscures, or alters any notices or links on the Site or any of the features or tools of the Site; (xiv) interferes with any other party’s use of the Site, including their ability to engage in real time activities through the Site; or (xv) otherwise attempt to interfere with the proper working of the Site.
2.2. Truthful Submissions. You represent and warrant that (i) all information submitted to us (including all information you submit our Site or forms) is complete and accurate, and (ii) you have the right to provide us with all such information. You agree not to impersonate any individual or make or provide any misleading, false, or defamatory statements or information.
3. Intellectual Property; License Grant.
3.1. Grant of License. Elbe grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access out Site, as provided by Elbe in accordance with these Terms. This license does not include any resale or commercial use of the Site or any Services, or any content associated therewith. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Site or Services. You agree not to use modified versions of any software underlying our Site or Services, including without limitation, for the purpose of obtaining unauthorized access to our sites or applications. You may not use our Site or any of our Services for any illegal purpose.
3.2. Elbe Intellectual Property. Ownership of and all right, title and interest in and to all intellectual property rights (including all registered and unregistered rights granted or applied for, now or hereafter existing, in or related to patent, trademark, service mark, copyright, trade secret rights, or other intellectual property rights) in the Site, and all related content are and shall remain with Elbe or its licensors. You acquire only the right to use and access the Site pursuant to these Terms, and you do not acquire any ownership rights or title in or to the Site. You may not use Elbe’s (or its licensors’) intellectual property without Elbe’s (or its licensors’) prior written consent. We may immediately terminate your account or access to our Site upon any such misuse of our or our licensors’ intellectual property by you.
3.3. Feedback. You grant Elbe an exclusive, transferable, sublicensable, worldwide, royalty-free irrevocable license to use or incorporate into our Site or Services any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you relating to the Site or Services.
4. Term; Termination. These Terms remain in effect until the earlier of (i) the date which you delete, or we terminate your account or access to the Site (if applicable); or (ii) the date we cease provision of the Site. Elbe may terminate or suspend your access to the Site (and/or any feature thereof) or your account at any time, for any reason, without warning, and in our sole discretion, which may result in the forfeiture and destruction of all information associated with your account. The terms and conditions of this Agreement which by their nature extend beyond termination of this Agreement shall survive the expiration or termination of this Agreement, including, without limitation, Sections 2, 3, and 6-8.
5. Link to Third Party Sites. Parts of the Site may, from time to time, be supported by sponsored links from advertisers and display offers that may be custom matched to you based on information stored in the Site, queries made through the Site or other information. In connection with such offers, the Site may provide links to other websites. We do not endorse, warrant or guarantee the products or services available through any third party offer (or any other third-party products or services advertised on or linked from our Sites), whether or not sponsored, and we are not an agent or broker or otherwise responsible for the activities or policies of those websites. If you elect to use or purchase services or products from any third party or elect to provide, or grant access to, your information to any third party, you and your information are subject to their terms and conditions and privacy policy. We are not responsible for the products and services offered by any third party.
6. Warranty Disclaimers. To the maximum extent permitted by law, the SITE AND Services are provided “as is” and “as available,” and at your sole risk. To the maximum extent permitted by law, Elbe expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular use or purpose, title, and non-infringement. Elbe makes no warrantY that the Site or the Services (including any related materials) will meet your requirements, that use of the foregoing will be uninterrupted, timely, secure, or error free, that the results obtained from the use of the foregoing or any information or content found on the Site or Services will be accurate or reliable, that defects in the operation or functionality of our Site or Services will be corrected that the Site or Service and any content on information found on the Site or Service will be virus-free, or that the quality of any information, content, or other materials obtained through the SITE OR ServiceS will meet your expectations. Any content or other materials downloaded or otherwise obtained through the use of the Site or Service is done at your sole risk, and you will be solely responsible for any damage that results from the download of such material. Further, please note that no advice or information, obtained through the Site or Service will create any warranty not expressly provided for in these Terms.
7. Limitation of Liability. TO THE FULLEST EXTENT UNDER APPLICABLE LAW, OUR TOTAL, CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER OR RELATED TO THESE TERMS, THE SITE, AND THE SERVICES PROVIDED IS LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING ONE HUNDRED ($100) US DOLLARS. THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT ENLARGE THE LIMIT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ELBE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST PROFITS OR REVENUE OR LOST OR DAMAGED DATA, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
8. Indemnification. You shall indemnify, defend and hold harmless Elbe against any and all loss, damage, or expense (including legal fees reasonably incurred in the defense of any claim) incurred by Elbe as a result of any claim, action or proceeding arising out of or related to: (i) your use or misuse of the Site and all information provided within; (ii) your actual or alleged violation of these Terms or applicable law; (iii) your infringement or violation of any intellectual property, proprietary, or privacy rights of any third party; and (iv) injury to person or property arising from acts of negligence, bad faith, willful misconduct or reckless disregard by you relating to these Terms or the Site or Services.
9. Privacy Policy. For information regarding Elbe’s treatment of personal information, please review our current Privacy Policy elbe.ai/privacy, which is hereby incorporated into this Agreement by reference.
10. General Provisions. The Agreement will be governed by and construed in accordance with the laws of the State of Delaware, without regard to or application of its conflicts of law rules or principles. Any legal action or proceeding arising under the Agreement will be brought exclusively in the federal or state courts located in San Diego, California and each of you and Elbe irrevocably consents to the personal jurisdiction and venue therein, and WAIVE ANY RIGHTS TO A JURY TRIAL, to the extent permitted by law. You may not assign the Agreement or any rights granted hereunder, by operation of law or otherwise, without Elbe’s prior written consent, and any attempt by you to do so, without such consent, will be void and of no effect. This Agreement does not create any third-party beneficiary rights except as expressly provided by its terms. The failure by Elbe to enforce any provision of the Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification, or amendment of any provision of the Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of the Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible (or revised to comply with law) and the other provisions will remain in full force and effect. The Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings, or communications between the parties, oral or written, regarding its subject matter. These Terms may be updated from time to time by Elbe as published on Elbe’s website at elbe.ai, and such updates will be binding on you for any subsequent use of the Site.