Terms of service

Last updated August 15, 2023

Welcome, and thank you for being a part of aiXplain!

The following Terms of Use (the “Agreement”), is a legally binding agreement between you (“you”, the “User”) and aiXplain Inc., a Delaware corporation having its principal place of business at 16535 Grant Bishop Lane, Los Gatos, CA 95032, United States of America, its subsidiaries and affiliates (collectively, “aiXplain”, “Company”, “us”, “we”, “our”). This Agreement governs your use of the aiXplain web application, products, features, and any associated services (collectively, the “Service”) that we offer or provide, and that you access, use or purchase at https://aiXplain.com and its related sites (the “Site”, or the “Platform”), effective as of the date you accept this Agreement (the “Effective Date”).

1. Introduction

By creating an aiXplain account and using the Services, or by signing this Agreement, you hereby acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use the Site or the Services. Please read this Agreement carefully before using the Services.

We may modify this Agreement (including any Policies) at any time by posting a revised version via the Services or by otherwise notifying you in writing. The modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use the Service after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is Your responsibility to check the Services regularly for modifications to this Agreement. We last modified this Agreement on the date listed at the start of this Agreement. If you continue using the Services following the time of posting, that means you accept those changes. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Site and our Services.

2. User Accounts, Registration, and Teams

To access and use the Service, you must create an account by providing accurate and complete information. When creating an Account, you acknowledge that: (i) it is your responsibility to ensure that your password remains confidential and secure. You will be solely responsible and liable for any losses, damages, liability and expenses incurred by us or a third party, due to any unauthorized usage of the account by either you or any other User or third party on your behalf; (ii) undertake to promptly notify us in writing if you become aware of any unauthorized access or use of your Account and/or any breach of these Terms. (iii) your account can become managed by a representative of the entity that owns or controls the email address domain with which your Account was created or registered. You also understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account.

Upon registration, an aiXplain team (“Team”) is automatically created and is associated with your Account. aiXplain allows you to create Teams on the Site. By creating a Team, you become, either individually or on behalf of your employer or any entity, on behalf of whom you created the Team, an aiXplain User. The creator of a Team, personal or collaborative, is automatically assigned as the Team owner (“Owner”)

For all Teams you are the Owner of, you: (i) agree to provide us with accurate, complete, and current information about yourself or the entity you created the Team on behalf of; (ii) agree that you are fully responsible for all activities that occur under your Team, including any integration or any other use of third party products or services (and associated disclosure of data) in connection with the Service.

You may assign administrators (“Admins”) to the teams you have created after account registration. The Admin(s) of Teams are, severally and jointly, deemed as the authorized representatives of the User, and any decision or action made by any Admin, is deemed as a decision or action of User. An Admin may assign or add other members of the Account as Admins, which possess important privileges and controls over the use of the Service and the Account, including, without limitation: (i) control your (and other Users) use of the Team; (ii) purchase, upgrade or downgrade the Service; (ii) create, monitor or modify Users’ actions and permissions; (iii) manage the access to, control, remove, share or otherwise change, all or part of the User data; and (iv) integrate or disable integration with Third Party Services.

3. AI Assets and Service

“AI Assets” including but not limited to datasets, corpora, models, pipelines, and benchmarks. We provide users with a hosted environment and marketplace to develop, manage, benchmark, experiment, and deploy AI Assets.

4. License Grant and Intellectual Property

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes. You may not use the Service for any other purposes or in any manner that is not expressly permitted by these Terms.

This Site contains material, including but not limited to models, datasets, code, data, applications, software, text, graphics and images (collectively referred to as the “Content”). You are solely responsible for the Content you post, publish, display or otherwise make available on the Service, and for any other action or omission that results from your use of the Service (including our Content or other User’s Content), or the use by a person or an entity that you have authorized under your Account.

You understand that your Content may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. “Content” means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to aiXplain or its affiliates. You or Your licensors retain full ownership of your Content, and you grant aiXplain a license to use and distribute your Content solely in order to provide the Services.

The Service, including all content, features, and functionality, is the property of aiXplain or its licensors and is protected by copyright, trademark, and other intellectual property laws. You agree not to copy, modify, distribute, or create derivative works based on the Service without our prior written consent.

5. User Conduct

You agree to use the Service in compliance with all applicable laws and regulations. You are prohibited from using the Service to engage in any illegal, fraudulent, or harmful activities, or to upload, transmit, or store any content that is unlawful, harassing, defamatory, or otherwise objectionable.

6. Credits

“Credit” is a virtual token, with no cash value. “Credit” is the main form of transaction for the Services. Your right to use Credits is a limited, personal, revocable license issued to you by aiXplain under these terms. Credits do not have any value in real currency, cannot be substituted for real currency, does not earn interest, and cannot be redeemed or refunded for real currency or anything else of value. aiXplain reserves the right If your aiXplain account is terminated, you forfeit your Credit balance, and you will have no recourse against aiXplain.

Credits are available for purchase at a price that aiXplain determines and may change. By purchasing Credits, you authorize aiXplain to initiate charges to your selected payment method for verification and purchases. When you purchase Credits, the balance appears in your aiXplain team’s balance that you added the Credits to. All payments are securely processed by our subprocessors, and your use of Credits is subject to their applicable terms and privacy policy.

7. Termination of Service

We reserve the right to suspend or terminate your access to the Service, without notice and in our sole discretion, if you violate these Terms or engage in any activities that we deem harmful to the Service, other users, or any third party. Upon termination of your access to the Service, your right to use the Service will immediately cease, and you must promptly destroy all copies of any content or materials obtained through the Service.

8. Disclaimers and Limitation of Liability

The Service is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, course of performance, or non-infringement.

aiXplain, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, be error-free, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; d) the results of using the Service will meet your requirements; or (d) that the Service and/or any content made available through the Service will be accurate or complete.

aiXplain assumes no liability or responsibility for any errors, mistakes or inaccuracies of content, any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, any unauthorized access to or use of our Service, any interruption or cessation of transmission to or from the Service, any bugs, viruses, Trojan horses or the like which may be transmitted to or through our Service by any third party and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of the Service and/or any content posted, emailed, transmitted or otherwise made available via the Service.

To the fullest extent permitted by law, in no event shall aiXplain, its affiliates, or their respective officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of, or inability to use, the Service, including but not limited to loss of profits, data, or goodwill, even if we have been advised of the possibility of such damages.

Maximum Liability; Direct Damages. except for indemnity obligations under section 8, in no event shall aiXplain or your aggregate liability arising out of or related to this agreement and/or any project, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the aggregate amounts paid or payable pursuant to the applicable project under which the claim arises or relates in the six month period preceding the event giving rise to the claim. notwithstanding the foregoing, in no event shall aiXplain’s aggregate liability arising out of or related to this agreement and/or any project, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed US $100,000.

9. Indemnification

You agree to indemnify and hold harmless aiXplain and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to your use of the Service or any violation of these Terms by you or any third party using your account. This indemnification obligation will survive these Terms and your use of the Service.

By accepting the terms of service, the user agrees to indemnify the aiXplain for any losses, costs, or damages that may arise from the user’s use of the Service or any violation of the terms by the user or a third party using the user’s account. This indemnification obligation will remain in effect even after the user’s use of the Service has ended.

The indemnified party must notify the indemnifying party of any claim in writing within 30 days of learning of the claim. The indemnifying party shall have full control over the defense of such claim (after acknowledging and accepting such indemnification obligation). The indemnified party agrees to provide the indemnifying party with assistance and information in the indemnifying party’s control as required to assist the indemnifying party in defending claims under this section. The indemnifying party further agrees to reimburse the indemnified party for reasonable third party expenses incurred by the indemnified party providing such assistance.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions, and both parties agree to jurisdiction in the state and federal courts of Santa Clara county.

Any disputes arising out of or in connection with these Terms or the Service shall be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiation, either party may submit the dispute to binding arbitration in accordance with the rules of an arbitration institution mutually agreed upon by the parties. The decision of the arbitrator shall be final and binding on the parties.

11. Contact Information

If you have any questions or concerns regarding these Terms or the Service, please contact us at care@aixplain.com