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Website Platform Terms of Use

These Terms of Service (”Terms”) apply to your use of this website and services (collectively, the “Service”). These Terms form an agreement between you and ipsaIQ.com ( “we,” “our,” or “us”). By using our Service, you agree to these Terms. 

Please note: 

We reserve the right to modify these Terms. 

You must be at least 18 years old to use the Service. 

Our Services are only for Users in the United States. 

We continue to add features to our Service, many in beta testing, which you accept “AS IS.” 

Please read our Privacy Policy which describes how we collect and use personal information. Although it does not form part of these Terms, it is an important document you should read. 

Third-party services and software. Our Service may include or be integrated with third-party software, products, or services that are subject to their own terms. Our software may include open source software that is governed by its own licenses. 

Downloadable software. Our Service may allow you to download software, such as mobile applications, which may update automatically to ensure you are using the latest version. 

You must provide accurate and complete information to register for an account to use our Service. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Service on behalf of another person or entity, you must have the authority to accept these Terms on their behalf. 

Subject to your compliance with these Terms, you may access and use our Service. You must comply with all applicable laws as well as our guidelines and policies. You are prohibited from using our Service for any illegal, harmful, or abusive activity, including but not limited to: 

Modifying, copying, leasing, selling, distributing, reverse engineering, or decompiling our Service. 

Disrupting, interfering, or unauthorized access to the Service or its safety systems 

Critically harming or promoting critically harming human life (yours or anyone else’s) 

Violating copyright, trademark, or other intellectual property law 

Violating a person’s privacy or their right to publicity 

The sexualization or exploitation of children 

Espionage, hacking, defrauding, defamation, scamming, spamming, or phishing 

Taking unauthorized actions on behalf of others 

Operating in a regulated industry or region without complying with those regulations 

Making high-stakes automated decisions that affect a person’s safety, legal or material rights, or well-being (such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about or for them). 

Misleading others or not being transparent regarding your use of AI 

Content 

Your content. You may provide input to the Service (”Input”) and receive output from the Service based on the Input (”Output”). Collectively, Input and Output are “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Service. 

Ownership of Content. To the extent permitted by applicable law and as between you and Us: you retain your ownership rights to the Input, and you own the Output. 

Our use of Content. You grant, an irrevocable, perpetual, transferable, sublicensable, royalty-free, and worldwide right to Us to use, copy, store, modify, distribute, reproduce, publish, list information regarding, make derivative works of, and display your Content): (i) to maintain and provide the Service; (ii) to improve our products and the Service and for our other business purposes, such as data analysis, customer and market research, developing new products or features, and identifying usage trends; and (iii) to perform such other actions to enforce these Terms, comply with our Privacy Policy, comply with applicable law, keep our Service safe, or as authorized by you in connection with your use of the Service.  

Accuracy. Artificial intelligence is rapidly evolving and is probabilistic in nature; it may therefore sometimes result in Output that contains “hallucinations,” may be offensive, may not accurately reflect real people, places or facts, may be objectionable, inappropriate, or otherwise not be suitable for your intended purpose. 

Similarity of content. Due to the nature of artificial intelligence, outputs may not be unique and users may receive similar output from our Service. Your rights to Output does not extend to other’s rights. 

When you use our Service, you understand and agree that: 

Output may not always be accurate. Output from our services is not professional advice. You should conduct your own thorough research and should not rely on Output as the truth. 

You are responsible for evaluating the Output for accuracy and appropriateness for your use, including using human review and supervision, before using or sharing Output. 

Outputs are not meant to endorse a person or third-party’s opinions or services. 

Intellectual Property Rights 

We and our affiliates own all rights, title, and interest in and to the Service. 

Usage data relating to our Service. We may collect, or you may provide to us, diagnostic, technical, usage, and/or related information, including information about your computers, mobile devices, systems, and software. All Usage Data is and will be owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights (including intellectual property rights), title, and interest in and to the same. Accordingly, we may use, maintain, and/or process the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (a) to provide and maintain the Service; (b) to improve our products and services (including the Service), and to develop new products, services, and/or features; (c) to monitor your usage of the Service; (d) for research and analytics, including, without limitation, data analysis, identifying usage trends, and/or customer or market research; and (e) to share analytics and other derived Usage Data with third-parties, solely in de-identified or aggregated form. 

Feedback. To the extent you provide us any suggestions, recommendations, or other feedback relating to the Service or to any other Us products or services, you hereby assign to us all rights (including intellectual property rights), title, and interest in and to the Feedback. Accordingly, we are free to use the Feedback and any ideas, know-how, concepts, techniques, and/or other intellectual property contained in the Feedback, without providing any attribution or compensation to you or to any third-party, for any purpose whatsoever, although we are not required to use any Feedback. 

Privacy and Data Security 

Privacy. We care about your privacy. By using the Service, you acknowledge that we may collect, use, and disclose your personal information and aggregated and/or de-identified data as set forth in our Privacy Policy, and that your personal information will be transferred to, and/or processed in, the United States. 

Security. We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third-parties will never be able to defeat our security measures or to use your data for improper purposes. You acknowledge that you provide your data at your own risk. You will notify us immediately of any breach of security or unauthorized use of your User Account. 

Paid accounts 

Fees; Payments; Cancellation. If you purchase any aspect of the Service, you must provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each periodic renewal until you cancel. We will charge tax when required. If your payment is not successful, we may downgrade your account or suspend your access to the Service until payment is received. You can cancel your paid subscription at any time; however, payments already made are non-refundable, except where required by law. 

Upon 30 days’ notice we may increase our subscription prices; any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase. 

Termination, suspension, discontinuation 

Termination. You are free to stop using our Service at any time. 

We may terminate or suspend your access to our Service or delete your account at any time without notice to you if we determine, at our sole discretion, that: 

You breached these Terms or our Acceptable Use Policy, guidelines, or other policies 

We must do so to comply with the law 

Your use of our Service could cause risk or harm to Us, our users, or anyone else 

If we terminate your access to the Services due to a violation of these Terms or our Acceptable Use Policy, you will not be entitled to any refund. 

Appeals: If you believe we have suspended or terminated your account in error, you can file an appeal with us. 

We may decide to discontinue our Service. If we do, we will provide you notice and any applicable refund for prepaid, unused services. 

Disclaimer of warranties 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE INTELLECTUAL PROPERTY, AND ANY OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE FUNCTIONS OR FEATURES OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. 

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS THE SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS PROFESSIONAL ADVICE. 

Indemnity 

To the fullest extent permitted by law, you will defend, indemnify, and hold us and our subsidiaries and affiliates, and our and their respective agents, suppliers, licensors, employees, contractors, officers, and directors (collectively, including Us, the “Indemnitees”) harmless from and against any and all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, legal fees) arising from: (a) your access to and/or use of the Service, including your use of Output; (b) your violation of any term of these Terms, including, without limitation, your breach of any of your representations and warranties set forth in these Terms; (c) your violation of any third-party right, including, without limitation, any privacy right or our Intellectual Property Right; (d) your violation of any Applicable Law; (e) Input or any content that is submitted via your User Account, including, without limitation, any misleading, false, defamatory, or inaccurate information; (f) your willful misconduct; or (g) any third-party’s access to and/or use of the Service with your username(s), password(s), or other authentication credential(s). 

Limitation of liability 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR ANY INDEMNITEE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE OR ANY PORTION THEREOF. UNDER NO CIRCUMSTANCES WILL US BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE OR YOUR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE OR ANY INDEMNITEE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS RUNNING THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD-PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (G) YOUR DATA, ANY INPUT, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY INDEMNITEE BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 

Some states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. 

Copyright complaints 

If you believe that your copyrighted work has been infringed and is accessible via the Service, please notify our copyright agent by following these instructions. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers at our sole discretion. 

Written claims concerning copyright infringement must include all of the following information: 

An electronic or physical signature of a person authorized to act on behalf of the copyright owner 

A description of the copyrighted work that you claim has been infringed upon 

A description of where the allegedly infringing material is located on our Service, so we can find it 

Your address, telephone number, and e-mail address 

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law 

A statement by you, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner. 

The above information must be submitted to our Copyright Agent at: 

Dispute resolution 

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. 

You and Us agree to the following mandatory arbitration and class action waiver provisions: 

MANDATORY ARBITRATION. You and Us agree to resolve any claims arising out of or relating to these Terms or our Service, regardless of when the claim arose, even if it was before these Terms existed (a “Claim”), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by emailing us at TravaiMediaLLC@gmail.com with your full, legal name and stating your intent to opt out of this Arbitration Agreement. If you opt out of an update, the last set of agreed upon arbitration terms will apply. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought. 

Dispute-Resolution Process. For any Claim, you will first contact us at TravaiMediaLLC@gmail.com and meet and confer to attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Arbitration Procedures then in effect for AAA (the “Rules”), except as provided herein. AAA may be contacted at www.adr.org, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted by videoconference, unless the Arbitrator determines it must be in person, in which case it will be conducted in the U.S. county where you live (if applicable) or Rochester, New York, unless you and Us agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any AAA filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and we agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or whether any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel. 

Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Service or intellectual property infringement or misappropriation. 

CLASS ACTION AND JURY TRIAL WAIVERS. BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. THE FOREGOING APPLIES TO ALL USERS (BOTH NATURAL PERSONS AND ENTITIES), REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS. YOU AND US AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. 

Governing Law. These Terms will be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. 

Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety. 

General Provisions 

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void. 

Notification Procedures and Changes to these Terms. We may provide notifications, whether such notifications are required by applicable law or are for marketing or other business-related purposes, to you via email notice or written or hard copy notice, or through posting of such notice on the Service, as we determine, at our sole discretion. When we change these Terms in a material manner, we will update on our website. Your continued use of the Service after any change to these Terms constitutes your acceptance of the new Terms of Service. If you do not agree to any part of these Terms or to any future Terms of Service, do not access or use (or continue to access or use) the Service. 

Entire Agreement; Severability. These Terms, together with any amendments and any additional written agreements you may enter into with us in connection with the Service, will constitute the entire agreement between you and us concerning the Service. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us, or to your access to or use of the Service. Except as otherwise stated in the Arbitration Agreement, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. 

No Waiver. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. 

California Residents. The provider of the Service is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting it in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. 

Contact. If you have any questions about these Terms and/or the Service, please contact us at TravaiMediaLLC@gmail.com

Export Controls 

U.S. Government Restricted Rights. To the extent the Service is being used by or on behalf of the U.S. Government, the Service will be deemed commercial computer software or commercial computer software documentation (as applicable). Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Service as are granted to all other Users hereunder, in accordance with 48 C.F.R. §227.7202 and 48 C.F.R. §12.212, as applicable. 

Export Controls. You understand and acknowledge that the Service may be subject to export control laws and regulations. You will comply with all applicable import and export and re-export control and trade and economic sanctions laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the U.S. State Department. You represent and warrant that you are not, and that no person to whom you make the Service available or that is acting on your behalf, is (a) listed on the List of Specially Designated Nationals and Blocked Persons or on any other list of sanctioned, prohibited, or restricted parties administered by OFAC or by any other governmental entity, or (b) located in, a national or resident of, or a segment of the government of, any country or territory for which the United States maintains trade or economic sanctions or embargoes or that has been designated by the U.S. Government as a “terrorist supporting” region. 

Mobile Apps 

Additional Terms for Mobile Apps. To use any mobile App, you must have a mobile device that is compatible with such App. We do not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider in connection with such App. You understand and acknowledge that you are solely responsible for any such charges. We hereby grant you a non-exclusive, limited, non-transferable, and freely revocable license to use a compiled code copy of the App(s) under your User Account on one (1) or more mobile devices owned or controlled solely by you (except to the extent Apple or Google permits any shared access and/or use of the iOS App or Android App, solely in accordance with these Terms. The foregoing license grant is not a sale of any App or of any copy thereof. You consent to such automatic upgrading on your mobile device. 

 

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