Terms of Service
Effective Date: October 26, 2023
Please read these Terms of Service ("Terms") carefully before utilizing the website located at culminationai.com (the "Service") operated by Culmination AI ("Culmination AI," "we," "us," or "our").
1. Acceptance of Terms
By accessing or employing the Service, you, the user ("you," "your," or "User"), hereby signify your unequivocal agreement to be bound by these Terms and all stipulations incorporated herein by reference. If you do not assent to all of these Terms, you are expressly prohibited from utilizing the Service. These Terms represent a legally binding agreement between you and Culmination AI.
2. Definitions
2.1. "Service" refers to the website culminationai.com and all associated web pages, content, applications, and functionalities provided by Culmination AI. 2.2. "User" denotes any individual or entity accessing or utilizing the Service. 2.3. "Content" encompasses all text, data, information, software, graphics, images, audio, video, and other materials available on or through the Service.
3. Use of Service
3.1. Culmination AI grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms. 3.2. We reserve the right, in our sole discretion, to modify, suspend, or discontinue the Service (or any part thereof) with or without notice at any time. Culmination AI shall not be liable to you or any third party for any such modification, suspension, or discontinuance.
4. Acceptable Use Policy
4.1. You covenant and agree to utilize the Service solely for lawful purposes and in a manner that does not infringe upon the rights of, or restrict or inhibit the use and enjoyment of the Service by, any third party. 4.2. Prohibited activities include, but are not limited to: a. Engaging in any conduct that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable. b. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity. c. Uploading, posting, or transmitting any Content that you do not have a right to transmit under any law or contractual or fiduciary relationships. d. Uploading, posting, or transmitting any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. e. Interfering with or disrupting the Service or servers or networks connected to the Service. f. Attempting to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service, whether through hacking, password mining, or any other means. g. Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Service, use of the Service, or access to the Service for any commercial purposes without the express written consent of Culmination AI.
5. Intellectual Property Rights
5.1. All intellectual property rights pertaining to the Service, including but not limited to copyrights, trademarks, trade names, service marks, patents, and trade secrets, and all Content (excluding User-generated content, if applicable) are and shall remain the exclusive property of Culmination AI or its licensors. 5.2. Your use of the Service does not grant you any ownership or rights to any Content, except for the limited license granted herein. 5.3. You are prohibited from modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any Content obtained from the Service without prior written authorization from Culmination AI.
6. Disclaimers
6.1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CULMINATION AI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 6.2. CULMINATION AI MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
7. Limitation of Liability
7.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CULMINATION AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CULMINATION AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. 7.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CULMINATION AI'S CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CULMINATION AI FOR THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
8. Indemnification
8.1. You agree to indemnify, defend, and hold harmless Culmination AI, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms or your use of the Service.
9. Termination
9.1. Culmination AI reserves the right to terminate or suspend your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. 9.2. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Governing Law
10.1. These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Culmination AI is incorporated, without regard to its conflict of law provisions.
11. Changes to Terms
11.1. Culmination AI reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will endeavor to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. 11.2. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must cease using the Service.
12. Contact Information
12.1. For any inquiries or questions concerning these Terms of Service, please contact us at: [email protected].