1. Introduction
Welcome to TBD (AI Startup Website) (the “Site”). The Site is owned and operated by TBD (Company) (“TBD (Company),” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the Site, including any content, functionality, software, tools, features, and services offered through the Site.
By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Site.
2. Eligibility, Consent, and Capacity
You must be at least eighteen years of age and have the legal capacity to enter into a binding agreement to use the Site. By using the Site, you represent and warrant that you meet these requirements and that your use of the Site does not violate any applicable laws or regulations.
If you are using the Site on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.
3. Account Registration and Security
Certain features of the Site may require you to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We are not responsible for any loss or damage arising from your failure to safeguard your account credentials.
4. Permitted Use and Prohibited Conduct
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
- Use another user's account or registration information without authorization.
- Create false or misleading accounts.
- Engage in spamming, scraping, data harvesting, or similar activities.
- Circumvent, disable, interfere with, or compromise the security or integrity of the Site.
- Upload, transmit, or distribute any content that is unlawful, harmful, defamatory, obscene, or infringing.
- Infringe upon the intellectual property or other rights of any third party.
- Use the Site to develop, train, or improve competing products or services without our prior written consent.
We reserve the right to suspend or terminate access to the Site for violations of these Terms.
5. Intellectual Property Rights
All content and materials available on the Site, including but not limited to text, software, algorithms, models, code, designs, graphics, logos, trademarks, trade names, images, audio, and video, are owned by or licensed to TBD (Company) and are protected by applicable intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal or internal business purposes. No rights are granted except as expressly stated.
6. User Content
If you submit, upload, or otherwise make available content through the Site (“User Content”), you retain ownership of your User Content. By submitting User Content, you grant TBD (Company) a worldwide, royalty free, sublicensable license to use, host, store, reproduce, modify, and display such User Content solely for the purpose of operating, improving, and providing the Site and related services.
You represent and warrant that you have all rights necessary to submit User Content and that such content does not violate any law or third party rights.
7. Privacy
Your use of the Site is subject to our Privacy Policy, which explains how we collect, use, and protect your information. By using the Site, you consent to our data practices as described in the Privacy Policy.
8. Third Party Services and Links
The Site may contain links to third party websites, services, or resources. These are provided for convenience only. We do not control and are not responsible for the content, policies, or practices of any third party. Your interactions with third parties are solely between you and the third party.
9. Disclaimer of Warranties
THE SITE AND ALL CONTENT, SOFTWARE, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TBD (COMPANY) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND AVAILABILITY.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TBD (COMPANY) AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE.
IN NO EVENT SHALL TBD (COMPANY)'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11. Indemnification
You agree to defend, indemnify, and hold harmless TBD (COMPANY) and its directors, officers, employees, agents, affiliates, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses arising out of or related to your use of the Site, your User Content, your reliance on any outputs or results generated through the Site, or your violation of these Terms.
12. AI Services, Outputs, and No Professional Advice
The Site may include artificial intelligence driven tools, features, or outputs (“AI Outputs”). AI Outputs are generated automatically and may be incomplete, inaccurate, outdated, or incorrect. You acknowledge and agree that AI Outputs are provided for informational and general purposes only.
AI Outputs do not constitute, and should not be relied upon as, legal, tax, financial, medical, or other professional advice. You are solely responsible for evaluating the accuracy and suitability of any AI Output and for any decisions or actions taken based on such outputs. TBD (COMPANY) makes no representations or warranties regarding the accuracy, reliability, or completeness of AI Outputs.
13. Use of Data for Service Improvement
To the extent permitted by applicable law and as described in our Privacy Policy, TBD (COMPANY) may collect, store, process, and analyze information and content submitted through the Site for the purposes of operating, maintaining, securing, and improving the Site and its services, including improving system performance and functionality. We will not use such information in a manner that identifies you personally except as permitted by our Privacy Policy.
14. Service Availability, Modifications, and Discontinuation
We reserve the right, at any time and without liability, to modify, suspend, or discontinue the Site or any features, functionality, or services offered through the Site, whether temporarily or permanently. We are not obligated to maintain or support any particular feature or version of the Site.
15. Force Majeure
TBD (COMPANY) will not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, internet or telecommunications failures, power outages, labor disputes, governmental actions, or failures of third party service providers.
16. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, all licenses granted to you will immediately cease.
17. Governing Law and Venue
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Subject to the arbitration provision below, you agree that any legal action will be brought exclusively in the state or federal courts located in California.
18. Dispute Resolution and Arbitration
You agree to first attempt to resolve any dispute informally by contacting us. If the dispute is not resolved, any claim or controversy arising out of or relating to these Terms or the Site shall be resolved by binding arbitration conducted in California, except where prohibited by law.
YOU WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
19. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
20. Assignment
You may not assign or transfer these Terms without our prior written consent. We may freely assign or transfer these Terms in connection with a merger, acquisition, sale of assets, or otherwise.
21. Survival
Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, class action waiver, and any other provisions that by their nature should survive termination shall survive the termination or expiration of these Terms.
22. Changes to These Terms
We reserve the right to modify these Terms at any time. Updated Terms will be posted on the Site with a revised effective date. Your continued use of the Site after changes become effective constitutes acceptance of the revised Terms.
23. Contact Information
If you have questions about these Terms, please contact us at:
TBD (Company)
Email: support@splashly.ai
Address: TBD, California
Effective Date: TBD