1. Introduction
Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the language is required “legalese”.
2. Your Acceptance of this Agreement
These terms of service are entered into by and between You and Arctis AI GmbH, d/b/a Arctis AI (“Company,” “we,” “our,” or “us”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively “Terms of Service”), govern your access to and use of arctisai.com, including any content, functionality, and services offered on or through arctisai.com (the “Website”).
Please read the Terms of Service carefully before you start to use the Website.
By using the Website (or by clicking to accept or agree to the Terms of Service when this option is made available to you), you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the Website.
By accessing and using this Website, you:
· Accept and agree to be bound and comply with these Terms of Service;
· Represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us; and,
· Agree that if you access the Website from a jurisdiction where it is not permitted, you do so at your own risk.
3. Updates to Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Continuing to use the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
4. Your Responsibilities
You are required to ensure that all persons who access the Website are aware of this Agreement and comply with it. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
You are solely and entirely responsible for your use of the Website and your computer, internet and data security.
5. Prohibited Activities
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Submission Standards set out in these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other persona or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service or distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
6. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by German and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such material in RAM incidental to access.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any of the copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately. No right, title, or interest in or to the Website or any content is transferred to you, and all rights not expressly granted are reserved by the Company.
7. Our Rights
We have the right, without provision of notice to:
- Take appropriate legal action, including referral to or cooperation with law enforcement or regulatory authorities.
- Terminate or suspend your access to all or part of the Website for any or no reason, including any violation of these Terms of Service.
You waive and hold harmless Company and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors from any and all claims resulting from any action taken by the Company.
8. Third-Party Links and Content
For your convenience, this Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk.
9. Disclaimers, Liability and Indemnification
You understand and agree that your use of the Website, its content, and any goods, digital products, services, information or items found or attained through the Website is at your own risk. The Website, its content, and any goods, services, digital products, information or items found or attained through the Website are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties or conditions of any kind, either express or implied.
How We Limit Our Liability to You
Except where such exclusions are prohibited by law, in no event shall the Company nor its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable under these Terms of Service to you or any third-party for any consequential, indirect, incidental, exemplary, special, or punitive damages whatsoever.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Service or your use of the Website.
10. Dispute Resolution
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Website to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying German law.
Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
11. Privacy Policy
Your provision of personal information through the Website is governed by our privacy policy located at /privacy-policy.
12. Governing Law
The Website and these Terms of Service will be governed by and construed in accordance with the laws of Germany and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision. Any action or proceeding arising out of or relating to this Website will be instituted in the courts of the Federal Republic of Germany.
- If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern these Terms of Service or the rights and obligations of the parties under these Terms of Service.
13. Severability
If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.
14. Entire Terms of Service
These Terms of Service constitute the entire and only Terms of Service between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of Service. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of Company.
15. Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
16. Notice
We may provide any notice to you under these Terms of Service by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website.
To give us notice under these Terms of Service, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to:
Arctis AI GmbH
Schillerstraße 40b
80336 München, Germany