These Terms of Service and Data Policy (the “Terms”) govern access to and use of the lead qualification application and any associated websites, interfaces, features, and functionality made available by AceMakers and its affiliates, successors, and assigns (collectively, the “Company”, “we”, “us”, or “our”) to you and to the organization on whose behalf you access the application (collectively, the “Service” and “you”). By accessing, registering for, or otherwise using the Service, or by clicking to indicate acceptance, you acknowledge that you have read, understood, and agree to be bound by these Terms and by any additional guidelines, policies, or supplemental terms referenced herein or otherwise made available from time to time, each of which is incorporated by reference. If you do not agree, you must not access or use the Service. You represent and warrant that you have the authority to enter into these Terms on behalf of yourself and any entity you represent, and that all information you provide is accurate and current.
The Service permits you to submit, upload, transmit, or otherwise make available records, files, lists, text, parameters, configurations, instructions, and other materials (collectively, “Inputs”) and to receive assessments, classifications, scores, summaries, and other results (collectively, “Outputs”). Outputs are generated by automated means and are provided for informational purposes only; they may be incomplete, inaccurate, or unsuitable for any particular purpose, are not advice of any kind, and should not be relied upon as such. You are solely responsible for your Inputs, for your use of any Outputs, for any decisions made or actions taken in connection therewith, and for compliance with all applicable laws, regulations, contracts, and third-party rights, including those relating to privacy, data protection, marketing, and communications. You represent and warrant that you have obtained and maintain all consents, permissions, and lawful bases necessary to provide the Inputs and to permit the processing, use, and disclosure described in these Terms.
You acknowledge and agree that we may collect, receive, generate, record, store, retain, combine, aggregate, de-identify, analyze, process, evaluate, model, derive insights from, disclose, license, sell, transfer, monetize, and otherwise commercialize data and information relating to or arising from the operation of the Service and your use thereof, including without limitation Inputs, Outputs, configurations, parameters, criteria, selections, usage patterns, metadata, and any information derived, inferred, or generated therefrom (collectively, “Service Data”), in each case in any form and by any means, for any purpose, and without limitation as to time or territory. Such purposes may include, without limitation, operating, maintaining, evaluating, securing, and improving the Service and other products and services; developing, training, and refining models, tools, datasets, benchmarks, and analytics; producing, publishing, distributing, and commercializing reports, indices, statistics, insights, and other materials; and any other lawful business purpose. We may engage affiliates, contractors, vendors, and other third-party service providers to process Service Data on our behalf or in connection with the foregoing, and may disclose or transfer Service Data to such parties and in connection with any merger, acquisition, financing, reorganization, sale of assets, or similar transaction. The rights described in this paragraph are perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable, and survive termination of these Terms and of your access to the Service.
Access to certain features may require a paid subscription. Fees, allowances, usage limits, and related parameters may be described within the Service or in a separate order and are subject to change. Except as required by applicable law or as otherwise expressly stated, all fees are non-refundable, and usage allowances that are not consumed within an applicable period do not carry over. You are responsible for all applicable taxes. We may suspend, limit, or terminate access at any time, with or without notice, including for actual or suspected violation of these Terms.
The Service, including all software, models, interfaces, content, and materials, and all intellectual property rights therein, are and shall remain the exclusive property of the Company and its licensors. You are granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Service in accordance with these Terms. You shall not, and shall not permit any third party to, copy, modify, distribute, sell, lease, reverse engineer, decompile, or attempt to derive, extract, reconstruct, or discover any underlying prompts, instructions, models, source code, or methods; access or use the Service to build or benchmark a competing product or service; circumvent or interfere with any limits, security, or access controls; or use the Service in any unlawful, infringing, harmful, or unauthorized manner. Any rights not expressly granted are reserved.
THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY OUTPUT WILL BE ACCURATE OR RELIABLE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNTS, IF ANY, PAID BY YOU FOR THE SERVICE DURING THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your Inputs, your use of the Service or any Outputs, or your breach of these Terms or applicable law.
We may modify these Terms at any time. Where a modification is material, we may indicate this by revising the version identifier above, and continued access to or use of the Service after such modification constitutes acceptance of the revised Terms. These Terms constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous understandings. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any provision shall not constitute a waiver. You may not assign or transfer these Terms without our prior written consent; we may assign them freely. These Terms are governed by the laws applicable at the Company’s principal place of business, without regard to conflict-of-laws principles, and you consent to the exclusive jurisdiction and venue of the courts located there. For questions regarding these Terms, contact the Company through the channels provided within the Service.