1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Services are designed solely to provide software tools and AI-assisted functionality and do not constitute professional advice or services of any kind, including but not limited to engineering, architectural, estimating, surveying, legal, financial, or compliance services.

Any measurements, calculations, takeoffs, drawings, estimates, or other outputs generated by the Services (including AI-generated results) are provided solely for informational purposes and must be independently reviewed, verified, and validated by you before being relied upon for any commercial, construction, design, or safety-related purpose.

You acknowledge and agree that we do not guarantee the accuracy, completeness, or suitability of any outputs generated by the Services, and you remain solely responsible for all decisions and actions taken based on such outputs.

You further agree that you will not use the Services in any manner that could reasonably result in personal injury, structural failure, safety risk, regulatory violation, or other high-risk outcomes, and you assume all liability arising from such use.

You are solely responsible for maintaining adequate security, backup, and redundancy of any data, files, drawings, or materials you upload to or generate through the Services.

2. Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). For the avoidance of doubt, you retain ownership of all drawings, files, project data, documents, plans, and other materials you upload to the Services (“Customer Data”). We do not claim any ownership rights in your Customer Data. By uploading or submitting Customer Data, you grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, display, and analyze such Customer Data solely as necessary to provide, maintain, improve, and secure the Services.

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only. Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to: access the Services; and download or print a copy of any portion of the Content to which you have properly gained access, solely for your internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@opendrawing.ai. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services. You also grant us the right to use Customer Data in de-identified and aggregated form for analytics, machine learning model training, product improvement, and benchmarking, provided that such data cannot reasonably identify you or any End User.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or underlying ideas of the Services. You further agree not to use the Services or any Content to develop, train, or improve any competing product or service, including competing AI models, software tools, or databases.

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you: confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution; warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and warrant and represent that your Submissions and/or Contributions do not constitute confidential information. You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities. Copyright infringement

3. User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; (7) your use of the Services will not violate any applicable law or regulation. (8) you will not upload, transmit, or otherwise provide any data, files, or materials that you do not have the legal right to share or license to us, including any content that infringes or misappropriates the intellectual property rights of any third party; (9) you will not use the Services to store, process, or transmit any sensitive or regulated data (including but not limited to PHI, financial account numbers, government-issued IDs, or export-controlled information) unless expressly permitted in writing by us; (10) you will use commercially reasonable efforts to secure your account credentials and prevent unauthorized access to your account or the Services; (11) you will immediately notify us of any suspected breach of security, unauthorized use, or compromise of your account; and (12) you will not use the Services to develop, train, or improve any competing software, AI model, or product that competes with our Services.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). We further reserve the right to pursue any legal or equitable remedies available to us if your breach of this section causes harm, infringes third-party rights, or exposes us to regulatory, financial, or reputational risk.

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. You acknowledge and agree that you are solely responsible for maintaining the security of your login credentials and for all activities that occur under your account, whether or not you authorized them. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. We may also suspend or terminate your account if we suspect any unauthorized use, security breach, fraudulent activity, or violation of these Legal Terms. You agree to immediately notify us of any unauthorized access to or use of your account, password, or any other breach of security. Failure to promptly notify us may limit or waive claims you could otherwise assert relating to such unauthorized access.

You further acknowledge that creating an account using false information, impersonating another person or entity, or maintaining multiple accounts without our express written consent is strictly prohibited.

5. Purchases and Payment

We accept the following forms of payment:

Visa
Mastercard

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. You authorize us to verify your payment method and to initiate charges (including recurring charges for subscriptions) to your payment method as they become due. If your payment fails, is declined, or is reversed for any reason, you agree that we may attempt to reprocess the charge and/or require you to provide an alternative valid payment method.

You agree that all purchases are final and non-refundable, and you waive any right to initiate a chargeback unless legally required to do so. Unauthorized or fraudulent chargeback attempts may result in immediate suspension or termination of your account.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

If you dispute a charge, you must notify us in writing at contact@opendrawing.ai within ten (10) days of the charge date; otherwise, you waive any right to contest the charge.

You are solely responsible for any applicable foreign exchange fees, bank fees, or international transaction fees charged by your financial institution.

6. Subscriptions

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly. By purchasing a subscription, you acknowledge and agree that recurring charges will continue until you cancel, and that failure to pay may result in suspension or termination of your access to the Services.

If a renewal charge fails, we may suspend access immediately and continue attempting to process the payment until updated billing information is provided.

Free Trial

We offer a 5-day free trial to new users who register with the Services. The account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial.

Cancellation

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at contact@opendrawing.ai. Canceling a subscription does not entitle you to a pro-rated refund or credit for any unused portion of the subscription term.

If you upgrade or downgrade your subscription tier (if applicable), we may apply prorated charges or credits for the remainder of the billing cycle.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law. Your continued use of the Services after a price change takes effect constitutes your agreement to pay the updated fees.

7. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to: Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. Use any information obtained from the Services in order to harass, abuse, or harm another person. Make improper use of our support services or submit false reports of abuse or misconduct. Use the Services in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Services. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"). Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services. Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software. Use a buying agent or purchasing agent to make purchases on the Services. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

You further agree not to use the Services to train, develop, or improve any machine learning model, dataset, or artificial intelligence system; not to resell, sublicense, rent, lease, share, or otherwise commercialize access to the Services without our written consent; not to share your login credentials or permit any third party to access your account; not to attempt to access or use non-public areas of the Services or our systems; not to probe, scan, or test the vulnerability of any system or network related to the Services; and not to attempt to circumvent or exceed usage limits, rate limits, or resource allocations assigned to your account.

You also agree not to upload, store, or transmit any data that is subject to heightened regulatory protection (including, without limitation, PHI under HIPAA, financial account numbers, government-issued IDs, or export-controlled data) unless expressly permitted in writing; not to use the Services in violation of U.S. export control or sanctions laws, including OFAC restrictions; not to engage in fraudulent or deceptive practices, including payment fraud or subscription manipulation; not to monitor, benchmark, or analyze the performance or availability of the Services for competitive purposes; and not to generate or disseminate harmful, abusive, or deceptive content, including malware, phishing content, or any material intended to mislead or exploit any person.

8. User Generated Contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites, and you acknowledge that we have no obligation to treat any Contributions as confidential unless expressly agreed in writing. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that: The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms. Your Contributions are not false, inaccurate, or misleading. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. Your Contributions do not violate any applicable law, regulation, or rule. Your Contributions do not violate the privacy or publicity rights of any third party. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

You further represent and warrant that your Contributions do not contain any sensitive or regulated data (including, without limitation, PHI, financial account numbers, government-issued identification numbers, export-controlled information, biometric identifiers, or any data subject to heightened legal protections) unless we have expressly authorized such use in writing.

You agree that you will not include malware, spyware, malicious code, or any content designed to monitor, damage, or disrupt systems or networks; will not upload datasets or materials intended for training, testing, or improving machine learning models without our express permission; and will not include encryption-breaking tools, exploit code, or any instructions related to illegal or harmful activities.

You acknowledge that Contributions may be used by us to operate, improve, and enhance the Services, and you waive any claim that our use of independently developed features or outputs constitutes infringement of your Contributions.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services, removal or deletion of your Contributions, referral to law enforcement, or any other remedy available to us under applicable law.

To operate, maintain, enhance, and improve the Services, you grant us a non-exclusive, worldwide, royalty-free, transferable, sublicensable, irrevocable license to use, reproduce, process, adapt, modify, translate, analyze, store, and create derivative works from any Customer Data, Contributions, or other content you upload, submit, or otherwise make available to the Services (“User Content”), including for the purpose of improving and training our algorithms, models, and machine-learning systems.

To the extent required by applicable law, we will use commercially reasonable efforts to de-identify User Content before using it for model training or long-term improvement. However, you acknowledge and agree that: (a) de-identification may not be required for all forms of internal research, debugging, or analytics; (b) model training and service improvement may involve processing User Content in a manner that cannot feasibly be reversed or extracted; and (c) you waive any rights or claims that our use of User Content for these purposes infringes your intellectual property rights.

We may combine User Content with data from other sources and use such combined data to improve accuracy, performance, and safety of our Services. You understand and agree that outputs generated by the Services may reflect patterns learned from aggregated or de-identified data provided by multiple users, and that such outputs may not be unique or exclusive to you.

If you are subject to contractual, regulatory, or confidentiality restrictions that prohibit you from allowing User Content to be used for model training, you must notify us in writing prior to uploading such content, and we will provide information regarding available opt-out mechanisms or alternatives.

Your license to us for model training and service improvement will survive termination of your account and remains irrevocable to the fullest extent permitted by law.

9. Contribution License

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels, and may be used by us for data analysis, algorithmic optimization, model evaluation, machine learning, artificial intelligence training, safety monitoring, feature development, and other internal business purposes, unless prohibited by applicable law.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. You further acknowledge that we are not obligated to provide attribution for any use of your Contributions unless expressly required by applicable law.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. You also agree that you will not assert any claim alleging that our use of your Contributions, or our independent development of any features, models, or functionality, infringes your rights.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. However, we may monitor, review, or remove Contributions to comply with law, enforce these Legal Terms, protect the integrity and security of the Services, or address abusive, harmful, or infringing content.

10. Social Media

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

11. Third-Party Websites and Content

The Services may contain (or you may be sent via the ) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

12. Advertisers

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

13. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

We may also implement rate limiting, usage throttling, automated detection measures, or other technical controls to prevent misuse, system overload, scraping, or other activities that could degrade performance or negatively impact other users. We further reserve the right to investigate, suspend, or terminate accounts that exhibit patterns of suspicious behavior, fraud, credential sharing, unauthorized automated access, or other conduct that threatens the security or integrity of the Services.

We may, but are not obligated to, review or analyze usage patterns, telemetry, log data, and technical metadata for the purpose of service optimization, troubleshooting, abuse detection, and compliance with applicable law. You acknowledge that we may take any action reasonably necessary to ensure the security, stability, and lawful operation of the Services, including temporarily or permanently restricting certain features, regions, or user accounts.

14. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

You further acknowledge and agree that we may process, store, and utilize technical data, usage information, analytics, and other information generated through your use of the Services for purposes of operating, maintaining, improving, troubleshooting, and securing the platform, as described in the Privacy Policy.

To the extent permitted by law, you also consent to our use of de-identified or aggregated data for internal research, product development, statistical analysis, and service optimization. Such aggregated data will not identify you personally.

You are responsible for ensuring that your use of the Services complies with all applicable privacy, data-protection, and cross-border data transfer laws in your jurisdiction, including obtaining any consents from End Users or third parties whose information you upload or transmit through the Services.

If you do not agree with the data practices described in the Privacy Policy or are not legally permitted to provide such data to us, you must cease all use of the Services.

15. Copyright Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

16. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Upon termination of your account or access rights, all licenses and permissions granted to you under these Legal Terms will immediately cease. You agree that we may immediately deactivate or delete your account and all related information and files, and that we shall have no liability to you for any loss of data or content resulting from such termination.

We also reserve the right to preserve or disclose any information as necessary to comply with legal obligations, enforce these Legal Terms, respond to claims, or protect our rights, property, and users.

Your obligations that by their nature are intended to survive termination—including but not limited to provisions relating to intellectual property, payment obligations, prohibitions, disclaimers, indemnification, and limitations of liability—shall survive any termination of your access to the Services.

If termination results from your breach of these Legal Terms, you agree that you remain responsible for any outstanding amounts owed and that we may pursue recovery through any lawful means.

17. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

This includes, without limitation, any loss of data, loss of revenue, loss of business opportunity, or other commercial or personal loss resulting from system outages or interruptions.

You further acknowledge that we do not represent or warrant that the Services will be error-free, uninterrupted, secure, or operate at any particular speed, capacity, or performance level. We disclaim any obligation to provide redundancy, backup systems, disaster recovery, business continuity services, or uptime guarantees unless expressly stated in a separate written agreement.

We may, in our sole discretion, temporarily or permanently disable certain features, integrations, components, or functionalities of the Services, and we make no guarantee as to future availability or continued support of any particular feature.

Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith. Any maintenance, upgrade, or support we elect to provide is done voluntarily and may be modified or withdrawn at any time.

18. Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Colorado applicable to agreements made and to be entirely performed within the State of Colorado, without regard to its conflict of law principles.

19. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Denver, Colorado. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Adam and Wells, Colorado, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

20. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

21. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

22. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING FROM (A) SERVICE INTERRUPTIONS, DOWNTIME, OR DELAYS; (B) DATA LOSS, DATA CORRUPTION, OR UNAUTHORIZED ACCESS TO YOUR DATA; (C) ANY FAILURE, INTERRUPTION, OR ERROR INVOLVING THIRD-PARTY SOFTWARE, HARDWARE, HOSTING PROVIDERS, OR INTEGRATIONS; (D) SECURITY INCIDENTS, CYBERATTACKS, OR MALICIOUS CODE NOT CAUSED BY OUR WILLFUL MISCONDUCT; AND (E) YOUR RELIANCE ON ANY OUTPUT, RECOMMENDATION, OR INFORMATION PROVIDED BY THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $5,000.00 USD. THIS LIMITATION SHALL APPLY IN THE AGGREGATE FOR ALL CLAIMS, AND SHALL NOT BE INCREASED OR EXTENDED BY THE NUMBER OF CLAIMS OR THEORIES ASSERTED. YOU ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOST OPPORTUNITIES, OR COST OF SUBSTITUTE SERVICES, NOR FOR ANY ACTIONS, CONTENT, OR OMISSIONS OF OTHER USERS OR THIRD PARTIES.

WE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING FORCE MAJEURE EVENTS, NETWORK FAILURES, INTERNET OUTAGES, OR ACTS OF THIRD-PARTY SERVICE PROVIDERS.

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

23. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. This indemnification also extends to claims arising from: (7) your misuse, unauthorized use, or negligent use of any features, APIs, integrations, or third-party services connected to the Services; (8) your failure to comply with any applicable data protection, privacy, or consumer protection laws or regulations; (9) your submission, storage, or transmission of unlawful, harmful, or infringing content or data through the Services; (10) any security incident, breach, or vulnerability caused by your systems, networks, accounts, credentials, or failure to implement reasonable safeguards; and (11) any taxes, duties, penalties, or interest assessed against us arising from your failure to collect, remit, or report required taxes in your jurisdiction. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. You shall not settle any claim without our prior written consent, and we may withhold such consent in our sole discretion. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. Your indemnification obligations shall survive termination of your account, cessation of your access to the Services, and termination of these Legal Terms.

24. Data Security

We implement commercially reasonable administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of data processed through the Services. These safeguards may include encryption in transit, access controls, network monitoring, and vulnerability management. You acknowledge, however, that no method of transmission over the Internet or method of electronic storage is entirely secure, and we make no guarantee regarding absolute security. You are solely responsible for maintaining the security and confidentiality of your account credentials, securing your own systems and devices, and ensuring compliance with all applicable data protection laws in connection with any data you upload, transmit, or store using the Services.

We are not responsible for unauthorized access to, or alteration, deletion, destruction, or loss of data arising from your acts or omissions, your failure to implement adequate security controls, third-party attacks or intrusions, or outages of third-party hosting providers or networks. If we become aware of a security incident affecting personal data within our control, we will use commercially reasonable efforts to provide notice as required by applicable law, but such notice shall not be construed as an admission of liability. We may retain or delete data in accordance with our data retention practices, and upon termination of your account we may delete or anonymize your data without liability, except where otherwise required by law.

25. Service Levels

Unless expressly stated in a separate written service-level agreement signed by both parties, we do not guarantee any specific level of uptime, service availability, performance, or response time. Access to the Services may be interrupted or unavailable at any time, and we may perform maintenance, upgrades, updates, or modifications at our discretion and without notice. We are not liable for any losses, damages, or inconveniences caused by downtime, delays, degraded performance, suspension of service, or unavailability resulting from maintenance activities, system failures, network outages, third-party provider issues, or any other cause. We may choose, but are not obligated, to provide support resources such as documentation, FAQs, or email support, and any such resources may be modified or discontinued at any time. We have no obligation to continue supporting or maintaining any particular feature, integration, or component of the Services, and nothing in these Legal Terms requires us to provide updates, releases, enhancements, or continued service in any form.

26. Acceptable Use Policy

You agree to use the Services only for lawful and legitimate business purposes and in full compliance with these Legal Terms. You shall not use the Services in any manner that could damage, disable, impair, overburden, or interfere with the operation or integrity of the Services or with any other party’s use of the Services. Prohibited conduct includes, without limitation, uploading or transmitting unlawful, infringing, harmful, defamatory, obscene, deceptive, or abusive content; introducing malware, viruses, worms, Trojan horses, spyware, or other malicious code; attempting to gain unauthorized access to the Services, related systems, networks, or data; circumventing authentication or security measures; reverse-engineering, decompiling, or copying any part of the Services; using automated tools such as bots, scrapers, or spiders without our express written consent; misusing APIs or integrations; impersonating another person or misrepresenting your identity; interfering with the proper operation of the Services; harvesting personal information without lawful basis; using the Services to process data subject to heightened regulatory regimes such as HIPAA, GLBA, or FISMA without our prior written approval; and using the Services to develop or enhance competing products or machine-learning models.

We may monitor compliance with this Acceptable Use Policy and may suspend, restrict, or terminate access to the Services for any violation, and may remove content or report unlawful activities to law enforcement where appropriate. You are responsible for all actions taken by employees, contractors, or other users who access the Services through your account, and you must ensure that they comply with this Acceptable Use Policy.

27. No Warranty

The Services are provided on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis, and your use of the Services is entirely at your own risk. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, security, accuracy, and non-infringement. We make no warranty that the Services will meet your requirements, operate without interruption, achieve any intended result, be compatible or work with any third-party systems, be free of errors, defects, viruses, or harmful components, or that any data or content stored or transmitted through the Services will be secure, accurate, or reliable.

We do not guarantee, represent, or warrant that the Services or any content available through the Services will be current, complete, error-free, or free from typographical inaccuracies. We make no representation or warranty regarding the timeliness, reliability, or quality of any information or results obtained through the Services, and we assume no liability for any reliance placed on such information. No advice or information, whether oral or written, obtained from us or through the Services, shall create any warranty not expressly stated herein. Some jurisdictions may not allow limitations on implied warranties, and to the extent those laws apply, certain disclaimers herein may not apply to you.

28. Confidentiality

You acknowledge that in the course of using the Services, you may receive or have access to non-public, confidential, or proprietary information relating to our technology, operations, security practices, business plans, pricing, financial information, product roadmaps, customer data, or other sensitive information (“Confidential Information”). You agree to maintain the confidentiality of all such information and to use it solely for the purpose of accessing and using the Services in accordance with these Legal Terms. You shall exercise the same degree of care to protect Confidential Information as you use to protect your own confidential information of like importance, but in no event less than a reasonable degree of care.

You may not disclose, publish, transmit, or otherwise make available any Confidential Information to any third party without our prior written consent, except to your employees, contractors, or advisors who have a legitimate need to know and are bound by confidentiality obligations no less protective than those set forth herein. You remain responsible for any breach of confidentiality by such personnel. Confidential Information does not include information that: (a) is or becomes publicly available through no act or omission by you; (b) is rightfully obtained by you from a third party without restriction; (c) is independently developed by you without use of or reference to our Confidential Information; or (d) we specifically authorize you in writing to disclose.

If you are required by law, regulation, or court order to disclose any Confidential Information, you shall provide prompt written notice to us and reasonably cooperate with our efforts to seek protective measures or limit the scope of disclosure. Your confidentiality obligations will survive termination of your account and continue until the Confidential Information no longer qualifies as confidential.

29. Export Controls

The Services, including any software, technology, technical data, or other materials made available by us, may be subject to U.S. export control laws, including the Export Administration Regulations (“EAR”), trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), and other applicable foreign export control laws. You agree to comply with all such laws and regulations and shall not, without prior U.S. government authorization, export, re-export, transfer, download, use, or disclose any part of the Services in a manner prohibited by applicable export laws.

You represent and warrant that you are not: (a) located in, a resident of, or accessing the Services from any country or territory that is subject to comprehensive U.S. sanctions (including, without limitation, Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, or Luhansk regions of Ukraine); (b) identified on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals (“SDN”) List, the Entity List, or the Denied Persons List; or (c) using the Services for any purpose related to the proliferation of weapons, military applications, nuclear activities, or any other restricted end use under U.S. law.

You agree not to divert, resell, or make the Services available in violation of export or sanctions restrictions, and you shall be solely responsible for obtaining, at your own expense, any licenses or authorizations required for your use of the Services under applicable export control regimes. We may suspend or terminate your access to the Services immediately if we determine, in our sole discretion, that your use violates or is likely to violate any export law or sanction.

30. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

31. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

32. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

33. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

28. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

OpenDrawing Inc.
11807 Sherman St, Northglenn, CO 80233, USA
Phone: 3158825914
Email: contact@opendrawing.ai

Terms and Conditions