Terms of Services
Last Revised: Nov 05, 2024
1. AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, on behalf of yourself or an entity (“customer," “user,” "you," "your"), and Prometheus AI, Inc. (“Prometheus AI," “company," "we," “us”). These Terms and Conditions govern your use of the website at www.prometheusai.online and any other associated web or mobile websites or media channel (hereinafter the “Website” or “Websites”), and you use of any services that you use and that are provided by Prometheus AI (collectively “Service” and “Services”).
2. DEFINITIONS
As used in these Terms and Conditions, the following defined terms shall apply:
2.1. Customer sites means websites, webpages, applications, landing pages, or any other media provided to or integrated with the services for the purposes of enabling the company to provide the services.
2.2. Effective Date means the earlier of the date (i) Customer submits the initial order, or (ii) as stated on the signature block of the order.
3. RIGHTS AND LICENSE
3.1. Right to Use Service. Subject to these Terms and Conditions, the company will provide the services set forth in the order for the customer’s use in accordance with these Terms and Conditions and applicable use levels. Company hereby grants to Customer a limited, personal, non-exclusive, non-transferable, non-sublicensable right to use any components as may be required to access and use the Services. Customer agrees to use the Services in accordance with the Company’s Privacy Policy, available at https://prometheusai.online/privacy-policy and incorporated by reference (the “Privacy Policy”).
4. INTELLECTUAL PROPERTY RIGHTS
Proprietary Rights. Except for the limited subscription rights granted herein, the customer has no right, title, or interest in or to the company marks or services or any components provided by the company in connection with the services or any intellectual property rights related thereto. Customer acknowledges that Company or its licensors retain all proprietary right, title, and interest in and to, or practiced in connection with, the Company Marks and the Services and any components, including, without limitation, all modifications, enhancements, derivative works, configuration, translations, upgrades, and interfaces thereto.
5. ORDERS, FEES, AND PAYMENT
Orders. Customers may order services using the company’s then-current ordering processes. All orders are subject to acceptance by the company in its discretion. All customer information provided by or on behalf of the customer must be current, complete, and accurate, and the customer is responsible for keeping such information updated. Order information is subject to automatic processing by the company for the purposes of managing the customer’s account.
6. CUSTOMER ACCOUNTS AND USAGE
Customer is solely responsible for (i) the configuration of Customer’s Services account, (ii) the operation, performance, and security of Customer’s equipment, networks, and other computing resources used to connect to the Services, (iii) ensuring all users exit or log off from the Services at the end of each session, (iv) maintaining the confidentiality of Customer’s accounts, user IDs, and passwords used in conjunction with the Services, and (v) all uses of the Services by Customer and its users. The company reserves the right to suspend the services or terminate its agreement with the customer if the customer misuses or otherwise shares login information among users. Customer will notify Company immediately of any unauthorized use of its account or any other breach of security. Company will not be liable for any loss that Customer may incur as a result of a third party using its password or account, and Customer may be held liable for any such losses incurred by Company and/or another party. The company reserves the right to review the customer’s account to confirm compliance with applicable use levels and to terminate or suspend the customer’s access for overuse and/or misuse. Customer agrees to pay for any overage in excess of permitted use levels.
7. PROHIBITED ACTIVITIES AND RESTRICTIONS
You affirm, represent, and warrant that, through your use of the services, any customer sites do not relate to the following:
Pornography or sexually explicit content
The occult
Hate speech
Racism
Pharmaceuticals
Purchase and use of illegal narcotics
Medicinal and recreational cannabis products
Cryptocurrency
Illegal activities of any kind
8. PRIVACY
Please read our privacy policy available at https://prometheusai.online/privacy-policy carefully to understand how the company collects, uses, and discloses personally identifiable information from its users. The Privacy Policy is hereby incorporated by reference into these Terms and Conditions.
9. THIRD-PARTY SITES
The Website and Services may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Company, and you acknowledge that Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
10. COMPLIANCE WITH LAWS
In connection with the performance, access, and use of the Services under these Terms and Conditions, Company and Customer agrees to comply with all applicable laws, rules and regulations including, but not limited to, export and import, data protection, and privacy laws and regulations. Specifically, Customer shall provide the relevant persons and/or participants with all information or notices Customer is required by applicable privacy and data protection laws to provide and, if necessary, obtain the consent of or provide choices to such persons and/or participants as required. Notwithstanding any other provision in these Terms and Conditions, Company shall have the right to immediately terminate its agreement with Customer for noncompliance with applicable laws.
11. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE AND SERVICES (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE AND SERVICES IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY
Under no circumstances shall COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE AND SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
13. INDEMNIFICATION
Upon a request by Company, you agree to defend, indemnify, and hold Company and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of the Website or Services.
14. ADDITIONAL TERMS
Services Trial. The company may make the services available to customers on a trial basis or offer promotional versions of the services for a limited period of time (“Trial Period”), as specified on the applicable order. The trial period shall terminate (i) at the end of the stated trial period, or (ii) if no such date is specified, thirty (30) days from the date of the customer’s initial access to the services. Following expiration of the trial period, the services may automatically continue unless canceled by the customer, and the customer is responsible for payment of the applicable fees set forth in the order. During the trial period, the company provides the services “AS IS” and without warranty or indemnity, to the extent permitted by law, and all other terms of these Terms and Conditions otherwise apply. The company reserves the right to modify or discontinue any trials or promotions at any time without notice.
15. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Company with respect to the Website and Services and supersedes all prior or contemporaneous communications between you and Company with respect to the Website and Services. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
16. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas. You hereby consent to binding arbitration in the State of Texas to resolve any disputes arising under these Terms and Conditions.
17. ARBITRATION OF DISPUTES
The parties agree that any dispute or claim in law or equity arising between them regarding the use of the Website, the Services, or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Dallas County, Texas. The arbitrator shall be a retired judge, justice, or attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of Dallas County, Texas. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.
18. CLASS ACTION WAIVER
ANY LEGAL ACTION OR ARBITRATION ARISING IN CONNECTION WITH THE USE OF THE WEBSITE, THE SERVICES, OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
19. ATTORNEYS’ FEES
In any dispute, action, proceeding, or arbitration regarding the use of the Website, the Services, or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).
20. ABOUT US
Our Websites and Services are provided by:
support@prometheusai.tech
If you wish to contact Prometheus AI for any reason, who may do so using the contact information listed in this section.
- support@prometheusai.tech
