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Terms of Service
Please read these terms of service very carefully before using or registering for any of the Soffos Inc-owned websites and / or any services and / or any Soffos-driven applications.
These terms of service (“Agreement”) govern you accessing content and using www.soffos.ai and its affiliates’ web sites, microsites and any associated applications.
This Agreement between you (“you”) and Soffos, is subject to change by us as described below. By checking “I agree to the terms and privacy” checkbox, you (i) accept this Agreement; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and Soffos. If you are using the Services on behalf of an entity or organization, you are agreeing to this Agreement for that entity or organization and promising that you have the authority to bind that entity or organization to this Agreement. In that case, “you” and “your” will refer to that entity or organization.
- Any Soffos-owned web site and microsite (collectively the “Site”) is owned and operated by Soffos, Inc. (referred to as “Soffos” herein). The Site and its content (“Content”) and any Soffos-driven applications (“Services”) may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or these terms and conditions may be enforced by Soffos or the copyright owner to the fullest extent allowed by law.
- You acknowledge and agree that Soffos may stop (permanently or temporarily) providing any Services (or any features within those Services) to you or to users generally at Soffos’ sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Soffos when you stop using the Services. You acknowledge and agree that if Soffos disables access to any feature or service, you may be prevented from accessing the Services, your account details or any files or other materials which is contained in your account, if you have one.
- You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Soffos, unless you have been specifically allowed to do so in a separate agreement with Soffos. You agree that you will not engage in any activity that interferes with or disrupts the Site or Services (or the servers and networks which are connected to the Site or Services). Unless you have been specifically permitted to do so in a separate agreement with Soffos, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that Soffos has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Soffos may suffer) of any such breach.
- Soffos may charge for access to use any of its Services; additionally, please be aware that your carrier rates will apply, such as fees for text messaging and data charges. You hereby acknowledge, agree, and provide consent in order for users to sync any device with your information.
- You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Site and Services are the sole responsibility of the person from whom such materials originated, which may be you.
- Soffos reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Site or Services. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of any Soffos-owned website, application, micro-module and / or their materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall you frame any portion of any Soffos-owned website or application or micro-module or any materials contained therein.
- While Soffos uses reasonable efforts to include accurate and up-to-date information on and in Soffos-owned websites and applications and products, Soffos makes no warranties or representations as to its accuracy. Soffos assumes no liability or responsibility for any errors or representations in the Content of the Site or Services.
- Any Soffos-owned website may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Soffos is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
- If you submit your own authored material, unless such content or material submittal is subject to separate terms and conditions, Soffos shall have the right to feature copies and / or representations of such content and material for the purposes of marketing, promotion or betterment of any Soffos owned website or application. Accordingly, you hereby assign any rights in such content and material to Soffos that you may have. In the event ownership in the content or material cannot be granted to Soffos, you grant Soffos and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, Soffos shall also have the right to use uploaded user material, regardless of its source author, solely for Soffos to improve its products scientifically (for example, but not limited to, training of its Artificial Intelligence models) and to improve the technology driving its products and Services. Additionally, you grant Soffos, its affiliates, and sublicensees the right to use your name and/or username in connection with your content. You represent and warrant that all content and materials you provide: (a) shall EITHER be your original work product and will not be based on, or derived from, the proprietary information or items of a third party, OR material that you have legal right to use and have not illegally copied it from copyrighted source material; and (b) shall comply with all content restrictions set forth in this Agreement. You represent and warrant that your use of the Service in connection with any Content or third-party content complies with all laws including, but not limited to, United States copyright law. You will defend, indemnify and hold Soffos and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.
- At your discretion, you may provide feedback to Soffos concerning the functionality and performance of any of its services from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to Soffos. In the event ownership in the Feedback cannot be granted to Soffos, you grant Soffos at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that Soffos may disclose that Feedback to any third party in any manner and you agree that Soffos has the ability to sublicense all Feedback in any form to any third party without restriction.
- Any and all Soffos-owned websites, applications and micromodules may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail.
- You shall not transmit to Soffos or upload to any Soffos owned-website or product or application any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
- You may not use your username and password for any unauthorized purpose.
- Soffos does not knowingly collect any information from anyone who we know to be under the age of 13. If you are aged between 13 and 18, you should use Soffos’ websites and Services only with the involvement of a parent or guardian, having sought their express permission to register with any Soffos website or Services, and should not submit any personal information to Soffos, except in creating an anonymous username. If Soffos discovers that a person under the age of 13 has provided Soffos with any personal information, Soffos will use commercially reasonable efforts to delete such person's personal information from all Soffos systems.
- Soffos may terminate your access to our Site or any of its products and / or applications the Service for any reason at any time. The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to our Site or Service.
- The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Soffos’ proprietary rights in them.
- THE MATERIALS AND/OR CONTENT ON THIS SITE AND ANY SOFFOS-OWNED APPLICATIONS, SERVICES, PRODUCTS OR MICRO-MODULES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SOFFOS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR ANY OF ITS SERVICES. SOFFOS MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF ANY OF ITS SERVICES. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, SOFFOS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SOFFOS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
- UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SOFFOS OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE MATERIALS ON ANY OF ITS WEBSITES / PRODUCTS / APPLICATIONS AND / OR MICRO-MODULES, EVEN IF SOFFOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOFFOS’ AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF SOFFOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- You shall not assign or transfer this Agreement without the prior written consent of Soffos. Any attempt to assign or transfer this Agreement by you shall be void.
- The laws of the State of Texas, excluding its conflicts of law rules, govern this Agreement and your use of the Site. Notwithstanding the foregoing, the Arbitration Agreement in Section 30 shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
- Soffos shall not be liable to you for any delay or failure of Soffos to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Soffos. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder.
- This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms.
- Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed, if need be, to apply to the maximum extent allowable under applicable law.
- The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.
- Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
- The section headings used herein are for convenience only and shall not be given any legal import.
- Arbitration Agreement. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules. The place of arbitration shall be Austin, Texas. The language to be used in the arbitral proceedings shall be English. The Parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the Parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. By using the Site and / or any of its features and services in any manner, you agree to this arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Soffos. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Licensed Application.
All claims arising out of or relating to this Agreement, to the Services, or to your relationship with Soffos that, for whatever reason, are not submitted to arbitration will be litigated exclusively in the federal or state courts of Travis County, Austin, Texas, U.S.A. You and Soffos consent to the exercise of personal jurisdiction of such courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.
- Soffos may, in its sole discretion, modify or update this Agreement from time to time, so you should review this page periodically. When Soffos materially changes this Agreement, Soffos will update the ‘Last Updated’ date at the top of this page and notify you that material changes have been made to this Agreement. Any such changes will become effective no earlier than thirty (30) days after they are posted, except that changes addressing new functions of the Soffos Services or changes made for legal reasons will be effective immediately. Your continued use of the Site or Services after the date any such changes become effective constitutes your acceptance of this Agreement, as updated. If you do not agree to any of these terms or any future terms, you may not use or access the Site or Services. Notices to Soffos shall be made to the attention of the “Operations Manager” and sent via mail to 3115 Honey Tree Lane, Austin, TX 78746, with a copy sent via email to firstname.lastname@example.org
- This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto.