Acceptance and eligibility
By creating an account, signing in, or using our Services, you agree to these Terms and our Privacy Policy. You must be at least 16 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding agreement. If you are using the Services for business, you represent that your use is permitted by your organization's policies and applicable law.
Account and security
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us promptly of any unauthorized access or breach. We may suspend or terminate your account if we suspect violation of these Terms or fraudulent or abusive behavior.
Acceptable use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:
• Use the Services in any way that violates applicable laws, regulations, or third-party rights.
• Attempt to gain unauthorized access to our or others' systems, accounts, or data.
• Transmit malware, spam, or harmful or illegal content.
• Reverse engineer, decompile, or attempt to extract source code of our Services except where expressly permitted by law.
• Resell, sublicense, or commercially exploit our Services beyond the scope of your agreement without our written consent.
• Use the Services to build a competing product or for benchmarking without our permission.
We may suspend or terminate access and report violations to authorities where appropriate.
Intellectual property and ownership
We and our licensors retain all rights, title, and interest in and to the Services, including software, design, content, trademarks, and documentation. Your use does not grant you any ownership. You retain ownership of your data and content that you submit to the Services. You grant us a limited license to use, process, and store your content as necessary to provide the Services and as set out in our Privacy Policy. Feedback you provide may be used by us without obligation to you.
Payment and fees
Fees for paid plans are as described at the point of purchase or in your order form. You agree to pay all applicable fees in the currency and on the billing cycle specified. Unless otherwise stated, fees are non-refundable. We may change pricing for renewals with reasonable notice. Failure to pay may result in suspension or termination of your access. Taxes are your responsibility unless we are required to collect them.
Termination and effect
You may stop using the Services and close your account at any time. We may suspend or terminate your access immediately if you breach these Terms or for operational, legal, or security reasons, with notice where practicable. Upon termination, your right to use the Services ceases. We may retain and use your data as permitted by law and our Privacy Policy. Provisions that by their nature should survive (e.g. IP, liability, indemnity, dispute resolution) will survive termination.
Disclaimers
The Services are provided "as is" and "as available." We disclaim all warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure. Advice, reports, and outputs generated via our Services are for informational or internal use only and do not constitute legal, financial, or professional advice.
Limitation of liability
To the maximum extent permitted by law, INITE AI and its affiliates, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, arising out of or in connection with the Services or these Terms, even if advised of the possibility of such damages. Our total liability for any claims arising from or related to the Services or these Terms shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or one hundred (100) USD, whichever is greater. Some jurisdictions do not allow certain limitations; in such cases our liability is limited to the fullest extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless INITE AI and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Services, your content, your violation of these Terms, or your violation of any third-party rights or applicable law.
Dispute resolution and governing law
These Terms are governed by the laws of the jurisdiction specified in your order form or, if none, the laws of the place of our principal place of business, without regard to conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved by good-faith negotiation first. If not resolved, disputes may be submitted to the courts of that jurisdiction, or to binding arbitration if agreed in a separate agreement. You waive any right to participate in class actions where permitted by law.
Changes and notice
We may modify these Terms from time to time. We will post the updated Terms on our website and update the "Last updated" date. For material changes, we will provide notice by email or in-product notification where appropriate. Continued use of the Services after the effective date of changes constitutes acceptance. If you do not agree, you must stop using the Services. Notices to you may be sent to the email associated with your account.
Contact
For questions about these Terms, please contact us using the contact information on our website.