1. LOCATION OF OUR PRIVACY POLICY

1.1 Privacy Policy: Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy.

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2. RIGHTS WE GRANT YOU

2.1 Right to Use Services: We hereby permit you to use the Services for your personal non-

commercial use only, provided that you comply with these Terms in connection with all such use.

Your access and use of the Services may be interrupted from time to time for any of several

reasons, including, without limitation, the malfunction of equipment, periodic updating,

maintenance or repair of the Service or other actions that Company, in its sole discretion, may

elect to take.
 

2.2 Restrictions On Your Use of the Services: You may not do any of the following in connection

with your use of the Services, unless applicable laws or regulations prohibit these restrictions or

you have our written permission to do so:

(a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate,

publish, license, create derivative works from, or offer for sale any information contained

on, or obtained from or through, the Services, except for temporary files that are

automatically cached by your web browser for display purposes, or as otherwise

expressly permitted in these Terms;

(b) duplicate, decompile, reverse engineer, disassemble or decode the Services, or attempt to

do any of the same;

(c) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan,

logo, image, or other proprietary notation displayed on or through the Services;

(d) use automation software (bots), hacks, modifications (mods) or any other unauthorized

third-party software designed to modify the Services;

(e) exploit the Services for any commercial purpose, including without limitation

communicating or facilitating any commercial advertisement or solicitation; 

(f) access or use the Services in any manner that could disable, overburden, damage, disrupt

or impair the Services or interfere with any other party’s access to or use of the Services

or use any device, software or routine that causes the same;

(g) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, or

the computer systems or networks connected to the Services;

(h) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or

content protections of the Services;

(i) use any robot, spider, crawlers, scraper, or other automatic device, process, software or

queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to

monitor, extract, copy or collect information or data from or through the Services, or

engage in any manual process to do the same; 

(j) introduce any viruses, trojan horses, worms, logic bombs or other materials that are

malicious or technologically harmful into our systems;

(k) submit, transmit, display, perform, post or store any content that is inaccurate, unlawful,

defamatory, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive

of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful,

hateful, cruel or insensitive, deceptive, or otherwise objectionable, use the Services for

illegal, harassing, bullying, unethical or disruptive purposes, or otherwise use the Services

in a manner that is obscene, lewd, lascivious, filthy, excessively violent, harassing,

harmful, hateful, cruel or insensitive, deceptive, threatening, abusive, inflammatory,

pornographic, inciting, organizing, promoting or facilitating violence or criminal or

harmful activities, defamatory, obscene or otherwise objectionable;

(l) violate any applicable law or regulation in connection with your access to or use of the

Services; or

(m) access or use the Services in any way not expressly permitted by these Terms.

 

3. OWNERSHIP AND CONTENT

3.1 Ownership of the Services: The Services, including their “look and feel” (e.g., text, graphics,

images, logos), proprietary content, information and other materials, are protected under

copyright, trademark and other intellectual property laws. You agree that the Company and/or its

licensors own all right, title and interest in and to the Services (including any and all intellectual

property rights therein) and you agree not to take any action(s) inconsistent with such ownership

interests. We and our licensors reserve all rights in connection with the Services and its content,

including, without limitation, the exclusive right to create derivative works.
 

3.2 Ownership of Trademarks: The Company’s name, Apiphany, the Company’s logo and all related

names, logos, product and service names, designs and slogans are trademarks of the Company or

its affiliates or licensors. Any other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may

not be affiliated with, connected to, or sponsored by us.
 

3.3 Ownership of Feedback: We welcome feedback, comments and suggestions for improvements to

the Services (“Feedback”). All Feedback becomes the sole and exclusive property of the

Company, and the Company may use and disclose Feedback in any manner and for any purpose

whatsoever without further notice or compensation to you. You hereby assign to the Company

any and all right, title and interest that you may have in and to any and all Feedback.

 

4. THIRD PARTY SERVICES AND MATERIALS

4.1 Use of Third Party Materials in the Services: The Services may display, include or make available

content, data, information, applications or materials from third parties (“Third Party Materials”)

or provide links to certain third party websites. By using the Services, you acknowledge and agree

that the Company is not responsible for examining or evaluating the content, accuracy,

completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or

any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do

not assume and will not have any liability or responsibility to you or any other person for any

third-party services, Third Party Materials or third-party websites, or for any other materials,

products, or services of third parties.

 

5. DISCLAIMERS

5.1 Your Access to and Use of the Services are at your Own Risk: you understand and agree that the services are provided to you on an “as is” and “as available” basis. without limiting the foregoing, to the maximum extent permitted under applicable law, the company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “the company entities”) disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose or non infringement. the company entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the services; or (c) the operation or compatibility with any other application or any particular system
or device. the company entities take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our services. no advice or information, whether oral or written, obtained from the company entities or through the services, will create any warranty or representation.

5.2 The laws of certain jurisdictions, including the State of New Jersey, do not allow limitations on

implied warranties or the exclusion or limitation of certain damages as set forth in Section 6.1

below. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations

may not apply to you, and you may have additional rights.

 

6. LIMITATIONS OF LIABILITY

6.1 To the extent not prohibited by law, you agree that in no event will the company entities be liable for procurement of substitute goods or services, loss of use, data or profits, business interruption or any other damages or losses, arising out of or related to your use or inability to use the services, or for any indirect, special, exemplary, incidental, consequential or punitive damages, however caused and under any theory of liability, whether under these terms or otherwise arising in any way in connection with the services or these terms and whether in contract, strict liability or tort (including negligence or otherwise) even if the company entities have been advised of the possibility of such damage. the company entities’ total liability to you for any damages shall be limited to those finally awarded and shall not exceed one hundred dollars ($100.00). the foregoing limitations will apply even if the above stated remedy fails of its essential purpose.|
 

6.2 INDEMNIFICATION
 

6.3 By entering into these Terms and accessing or using the Services, you agree that you shall defend,

indemnify and hold the Company Entities harmless from and against any and all claims, costs,

damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the

Company Entities arising out of or in connection with:
(a) your violation or breach of these Terms or any applicable law or regulation;

(b) your violation of any rights of any third party;

(c) your misuse of the Services; or

(d) your negligence or wilful misconduct. If you are obligated to

indemnify any Company Entity hereunder, then you agree that Company (or, at its discretion, the

applicable Company Entity) will have the right, in its sole discretion, to control any action or

proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you

agree to fully cooperate with Company in the defense or settlement of such claim.

 

7. ADDITIONAL PROVISIONS

7.1 Updating These Terms: We may modify these Terms from time to time in which case we will

update the “Last Revised” date at the top of these Terms. If we make changes that are material,

we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a

prominent notice on the first page of the Website. However, it is your sole responsibility to

review these Terms from time to time to view any such changes. The updated Terms will be

effective as of the time of posting, or such later date as may be specified in the updated Terms.

Your continued access or use of the Services after the modifications have become effective will

be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for

which a claim has been filed in court prior to the change in Terms.
 

7.2 Termination: If you breach any of the provisions of these Terms, all rights granted by the

Company will terminate automatically. All sections which by their nature should survive the

termination of these Terms shall continue in full force and effect subsequent to and

notwithstanding any termination of these Terms by the Company or you. Termination will not

limit any of the Company’s other rights or remedies at law or in equity.
 

7.3 Injunctive Relief: You agree that a breach of these Terms will cause irreparable injury to the

Company for which monetary damages would not be an adequate remedy and the Company shall

be entitled to equitable relief in addition to any remedies it may have hereunder or at law without

a bond, other security or proof of damages.
 

7.4 California Residents: If you are a California resident, in accordance with Cal. Civ. Code § 1789.3,

you may report complaints to the Complaint Assistance Unit of the Division of Consumer

Services of the California Department of Consumer Affairs by contacting them in writing at 1625

North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
 

7.5 Miscellaneous: If any provision of these Terms shall be unlawful, void or for any reason

unenforceable, then that provision shall be deemed severable from these Terms and shall not

affect the validity and enforceability of any remaining provisions. These Terms and the licenses

granted hereunder may be assigned by the Company but may not be assigned by you without the

prior express written consent of the Company. No waiver by either party of any breach or default

hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The

section headings used herein are for reference only and shall not be read to have any legal effect.

The Services are operated by us in the United States. Those who choose to access the Services

from locations outside the United States do so at their own initiative and are responsible for

compliance with applicable local laws. These Terms are governed by the laws of the State of

California, without regard to conflict of laws rules, and the proper venue for any disputes arising

out of or relating to any of the same will be the state and federal courts located in San Francisco,

California. You and the Company agree that the United Nations Convention on Contracts for the

International Sale of Goods will not apply to the interpretation or construction of these Terms.
 

7.6 How to Contact Us: You may contact us regarding the Services or these Terms at: [353 Mission St, 14th Floor, San Francisco, CA 94105], by phone at [  ] or by e-mail at [ contact@apiphany.ai ].