term of service
This service agreement (hereinafter referred to as the “Agreement”) describes your access and/or use of algo-tech AI (including its successors and assigns, “algo-tech”, “we”, “our”, “or we”). By accessing and/or using the service, or by clicking a button or selecting a box marked “I agree” (or similar), you indicate that you have read, understood, and agree to be bound by these terms. You also acknowledge that you have read and understood our privacy statement, as described in Section 9.1 (Privacy). We reserve the right to modify these terms, and we will provide notice of any significant changes as described below. These terms apply to all visitors and users of the service, as well as all other individuals who access the service (collectively referred to as “users”, and “you” or “your” applies to you).
Please read these terms carefully to ensure you understand each one. These terms include the mandatory personal arbitration clause (the “Arbitration Agreement”) in Article 16.2 and the waiver of class action/jury trial clause (the “Waiver of Class Action/Jury Trial”) in Article 16.3. These clauses require that, unless you opt out as specified in the Arbitration Agreement, any disputes between you and us, including any claims arising or asserted before you agree to these terms, will be resolved exclusively through binding final arbitration on a personal basis. Within the maximum scope allowed by applicable law (as defined below), you expressly waive your right to seek relief in court and to have your claims tried by a jury, as well as your right to participate in any class, collective, private attorney general, or representative actions or proceedings as a plaintiff or member of a class.
1. How we manage services
1.1 Eligibility
This is your contract with algo-tech. Before using the service, you must read and agree to these terms. If you do not agree, you may not use this service. You can only use the service if you can enter into a legally binding contract with us and comply with these terms and all applicable local, state, national, and international laws, rules, and regulations (“applicable laws”). Under the general principles outlined above, minors in any applicable jurisdiction (under 18 years old in most jurisdictions) (“minors”) are strictly prohibited from accessing or using the service and violating these terms, unless such access and/or use is authorized by their parents or legal guardians (“parents”) who: (a) have read and understood these terms; (b) have approved all rights and obligations granted to the minor under this agreement; and (c) agree to be bound by these terms. If you are the parent of a minor user, allowing the minor to access and/or use the service means that you are bound by these terms and responsible for the minor’s activities on the service. For the parent of a minor user, “you” in these terms refers to “the parent representing the minor and the parent of the minor,” and “your” has the corresponding meaning. Any user previously removed from the service cannot use it.
1.2 User Account
a). Your user account. Your account on the service (your “user account”) grants you access to certain services and features, which we may establish and maintain from time to time as part of the service. You acknowledge that, even if there are any contrary provisions in this agreement, you do not own your user account or any rights to the data stored on the servers operated by algo-tech or on behalf of algo-tech. We may maintain different types of user accounts for different types of users. b. rganizational Account. An individual may access and/or use the Services on behalf of a company or other entity (such as the individual’s employer, such entity, hereinafter referred to as the “Organization”). In this case, even if there are any contrary provisions in this agreement: (a) This clause is (i) an agreement between us and the individual and (ii) an agreement between us and the organization; (b) In this clause, in the context of license grants, transfers, restrictions, obligations, confirmations, representations, warranties, or contracts, or in any other situation, “you” refers to (i) such individuals, and (ii) “the organization, representing the organization and its subsidiaries and affiliates, and their respective directors, senior officers, employees, contractors, agents, and other representatives who access and/or use the services (collectively referred to as ‘organization users’)”; “your” has the corresponding meaning; (c) The individual declares and warrants that they have the authority to bind the organization to these terms (without such authorization, the individual may not access or use the services); (d) The individual accepts that these terms will bind the organization; (e) We may disclose information about such individuals and their access and use of the services to the organization; (f) If the individual no longer associates with the organization or ceases using the email address associated with the organization or provided by the organization, the individual’s right to access and use the services may be suspended or terminated (and the management of applicable user accounts may be transferred); (g) The organization will inform all organization users of the provisions of these terms that apply to such organization users and will ensure that each organization user complies with such provisions; And (h) The organization will be fully responsible for all actions and inactions of its users. Any action or inaction by an organization user, if taken by the organization, will constitute a breach of these terms and will be considered a violation by the organization. In general, if an individual uses an email address associated with or provided by the organization to open a user account, or if the organization pays for the individual’s access or use of the service (or compensates the individual for such payments), we may: We reserve the right to determine whether such individuals represent the organization in accessing and using the service. c). Connecting through a third party service. Connecting to the service through a third party service means that you allow us to access and use the information in the service, as permitted by the service, and to store the login credentials and/or access token of the service.
1.3 Changes, Suspensions, and Termination.
You can deactivate your user account at any time. We may change the service, stop providing services or their functionalities to you or the general public, or impose usage restrictions on the service, either with or without prior notice. We may permanently terminate or temporarily suspend your access to your user account and/or the service, without liability, for any reason, including if we determine that you have violated these terms. After termination for any reason or without cause, you will still be bound by these terms.
1.4 Your interactions with other users.
You are fully responsible for your interactions with other users, including information sharing. We reserve the right to monitor disputes between you and other users but have no obligation to do so. We explicitly state that we will not be liable for any responsibilities arising from your interactions with other users or any actions or inactions by other users, including responsibilities related to user content (as defined below).
2. Access services; service restrictions
2.1 Access to Services.
Provided that you comply with these terms and any documents we may provide, we hereby grant you non-exclusive, limited, non-transferable, and revocable rights to access and use the services for personal use or internal business purposes (as applicable), strictly in accordance with the service’s functional requirements. We reserve all rights not explicitly granted in this agreement. Even if there are any contrary provisions in this agreement, certain parts of the service may only be available during the subscription period (defined below), see Section 8.4 (Subscription Plan).
2.2 Restrictive and Acceptable Use.
You will not engage in, assist, permit or allow any third party to engage in any of the following acts, unless prohibited by applicable law:
- Reverse assembly, reverse engineering, decoding or decompilation of any part of the service;
- Using any robot, spider program, crawler, offline reader, data mining tool, data collection or extraction tool, or any other automated method to access a service, where the number of request messages sent to the server running the service exceeds the reasonable number of request messages generated by humans using traditional online Web browsers in the same time period (unless algo-tech grants public search engine operators the reversible permission to use ‘spider programs’ to replicate publicly available materials, which are used solely for creating publicly searchable indexes of such materials, excluding their caching or archiving);
- Use of any content provided on or through the Service (including any title information, keywords or other metadata) for any machine learning and/or AI training or development purposes, or for any technology used to identify a natural person;
- Purchase, sell or transfer the API key without our prior written consent in each case;
- Copy, rent, lease, sell, lend, transfer, assign, license or intend to sublicense, resell, distribute, modify or alter any part of the Services or any of our intellectual property (as defined below) or create derivative works, including but not limited to any automatic or non-automatic “grab”;
- Affecting (i) the stability of the server on which the service is run, (ii) the operation or performance of the service or any user’s use of the service, or (iii) the behavior of other applications using the service;
- Take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionate load on our infrastructure;
- Use the service in any of the following ways or for any of the following purposes: (i) to violate or facilitate violations of any applicable laws, contractual obligations, or rights of any person, including but not limited to intellectual property (as defined below), privacy, and/or personality rights; (ii) to commit fraud, make false statements, deceive, or defame; (iii) to promote hatred, violence, or harm against any individual or group; or (iv) to be potentially harmful or offensive to us, our providers, suppliers, users, or any other third party (at our discretion);
- Use or demonstrate the service in competition with us, develop competing products or services, benchmark or compete against the service, or otherwise adversely affect us;
- Access to any content on or through the Service by means of technology or means other than those provided by the Service or authorized by us;
- circumvent measures we may use to prevent or restrict access to the Service, including but not limited to features that block or restrict the use or reproduction of any content, or features that impose restrictions on the use of the Service or any part thereof;
- Attempt to interfere with or compromise the system integrity or security of a server that is running the service, or to decipher any transmission between the server that is running the service;
- Using the service to transmit spam, chain letters or other unsolicited E-mail;
- Use the service for any commercial solicitation purpose;
- Transmit invalid data, viruses, worms, or other software agents through services;
- Impersonating another person or entity, distorting your relationship with a person or entity, concealing or attempting to conceal your identity, or otherwise using the service for any intrusive or fraudulent purposes;
- Collect or obtain any personal information from the service, including the user’s name; or
- Identifying or referring to us or our services in a manner that may reasonably imply an acknowledged, subordinate relationship or sponsorship between you (or a third party) and us without our prior written consent.
3. User content
3.1 General Provisions.
The service may allow users to submit, publish, display, provide, share, or otherwise offer personal information, videos, images, music, comments, questions, and other content, data, and/or information (collectively referred to as “User Content,” excluding usage data and feedback, as defined below) on the service or through the service. If you are an organizational user, we may assume that all of your User Content belongs to the applicable organization.
3.2 Rights to User Content.
We do not claim ownership of user content. All user content you submit, publish, display, provide, share, or otherwise offer through the service is and will remain yours. This service may provide mechanisms for users to share user content (such as models and deployments) and outputs (as defined below), allowing other users to use them. By default, this sharing is disabled and must be explicitly enabled if needed. If you enable user content and output sharing in the service, you acknowledge that certain features of the service may allow other users to view, edit, share, and/or otherwise interact with your user content and/or outputs, under the following license granted to other users. We reserve the right (but not the obligation) to delete any user content or output at our discretion. By submitting, publishing, displaying, providing, sharing, or otherwise offering any user content or output on or through the service, you expressly grant and represent that you have all rights necessary to grant algo-tech a full payment, royalty-free, transferable, perpetual, irrevocable, non-exclusive, and global license, and have the right to grant and authorize sublicenses. The use, reproduction, storage, modification, publication, listing of relevant information, editing, translation, distribution, joint efforts, public performance, public display, and production of derivative works, as well as the inclusion of your name, voice, and likeness in your user content in any form, media, or technology (whether currently known or to be developed in the future), for the service and the business of algo-tech (and its subsidiaries and affiliates), including but not limited to promoting and redistributing part or all of the service (and its derivative works) in any media format and through any media channel, and performing other acts related to your use of the service as described in our privacy statement or authorized by you. If you allow sharing within the service, you also grant other users a non-exclusive license to access your user content and output through the service, and to use, reproduce, distribute, display, edit, perform, and otherwise interact with such user content and output, each interaction should be conducted according to the service’s functionality and these terms.
3.3 User Content Statements and Warranties.
With respect to your user content, you acknowledge, state and warrant the following:
a) You have obtained the written consent of each identifiable natural person (if any) mentioned or referenced in the user content, and you may use their names, voices, and images as expected by the service and these terms. Each such person is exempt from any liability arising from such use; b) You have obtained all necessary consent required by applicable laws and are fully responsible for obtaining this consent to provide user content related to third parties; c) Your user content and output, as well as our use of them in accordance with these terms and the service, will not violate any applicable laws or infringe upon any rights of any third party, including but not limited to intellectual property and privacy rights; d) Your user content does not include any information or materials that government agencies consider sensitive or confidential, and providing user content related to the service will not infringe upon any third party’s confidentiality rights; e) We may exercise the rights granted to us under these terms regarding your user content without paying any guild fees, other fees, remuneration, or royalties payable under any collective bargaining agreement or otherwise; f) You will not directly or indirectly upload or provide any personal information of children under 13 years old or the applicable digital consent age through the service; g) Your user content does not contain nude or other sexual suggestive content; hate speech, threats, or direct attacks against individuals or groups; abusive, harassing, infringing, defamatory, vulgar, obscene, defamatory, or privacy-infringing content; gender discrimination or racial, ethnic, or other discriminatory content; Including self-harm or excessive violence content; false or impersonation personal information; illegal content or content that promotes harmful or illegal activities; malicious programs or code; disclosing anyone’s personal information without their consent; spam, machine-generated content, or unsolicited messages; and other objectionable content; and h) to the best of your knowledge, all user content and other information you provide to us are true and accurate.
3.4 Disclaimer.
We do not assume any responsibility for any user content. You are solely responsible for your user content, including the consequences of submitting, publishing, displaying, providing, sharing, or otherwise using it on or through the service. You understand and acknowledge that we serve only as a passive channel for you to distribute and publish user content online.
4. Our intellectual property rights
4.1 Definition of Intellectual Property.
In these provisions, “intellectual property” refers to all patent rights, copyright rights, moral rights, personality rights, trademark rights, trade dress and service mark rights, goodwill, trade secret rights, as well as any other intellectual property and proprietary rights that may exist now or in the future, and all applications and registrations, including renewals and extensions under applicable laws.
4.2 SomethingTech Intellectual Property Rights.
You understand and acknowledge that we (or our licensors, including other users, as applicable) own and will continue to own all rights (including intellectual property), ownership, and interests in the Service, as well as all materials and content displayed or otherwise provided on or through the Service (including but not limited to images, text, graphics, illustrations, logos of other users, photos, audio, video, music, and user-generated content; however, not including your user-generated content), as well as all software, algorithms, code, technology, and intellectual property (collectively and individually referred to as “Intellectual Property”) contained in the Service and/or the underlying infrastructure. Unless otherwise specified in this agreement, nothing in these terms shall be deemed to create a license under any such Intellectual Property or to create a license under any such Intellectual Property, and you may not access, sell, license, lease, modify, distribute, copy, reproduce, transmit, display, perform, publish, adapt, or edit any Intellectual Property or create any derivative works of any Intellectual Property. It is strictly prohibited to use any Intellectual Property for purposes not explicitly permitted in these terms.
4.3 output .
Under the condition that you comply with these terms, you may use your services (the “output”) for any legal purposes on a royalty-free basis, provided that you acknowledge and agree to: (i) Your use of the services and output will not transfer ownership of any intellectual property in the services to you, and (ii) We may: If we reasonably believe that your use of the output may infringe any third party’s rights, we may notify you at any time to restrict or cease using the output and delete any copies. You must not (i) claim that the output is artificially generated, or (ii) violate any licensing and usage restrictions imposed by the model provider.
Due to the nature of machine learning, the output may not be unique among users, and the service might generate the same or similar outputs for other users. Using this service could result in incorrect outputs that do not accurately reflect reality. You must evaluate the accuracy of any output based on your specific use case, including conducting a manual review of the output. You understand and agree that the output may contain ‘hallucinations’ and may be inaccurate, offensive, inappropriate, or unsuitable for your purposes. You also agree that we are not liable for any damage caused or related to any output or other content generated by our service, accessed through our service, or on our service, claimed by you or any third party.
4.4 Use of Data.
We may collect or you may provide us with diagnostic, technical, usage, and/or related information, including data about your computer, mobile device, system, and software (collectively referred to as “usage data”). All usage data is now and will always be exclusively owned by us. In the event that any ownership of the usage data belongs to you, you hereby transfer all rights (including intellectual property), ownership, and interests in such data to us. Therefore, we can use, maintain, and/or process the usage data or any part thereof for any lawful purpose, including but not limited to: (a) providing and maintaining services; (b) improving our products and services (including services) and developing new products, services, and/or features; (c) monitoring your use of the services; (d) conducting research and analysis, including but not limited to data analysis, identifying usage trends, and/or customer research; and (e) sharing analyzed and other derived usage data with third parties in de-identified or aggregated form. This service may include technical measures designed to prevent unauthorized or illegal use of this service. You understand and acknowledge that we may use these and other lawful measures to verify your compliance with these terms and to exercise our rights in the service, including intellectual property.
4.5 Feedback.
If you provide us with any suggestions, recommendations, or other feedback (collectively referred to as “feedback”) related to our services or any other algo-tech products or services, you hereby transfer all rights (including intellectual property) and interests in the feedback to us. Consequently, we may freely use the feedback and any ideas, proprietary technology, concepts, technologies, or other intellectual property contained within it for any purpose, without providing attribution or compensation to you or any third party, even if we do not intend to use the feedback. The feedback is considered confidential information (as defined below). You acknowledge that accepting your feedback does not imply that we relinquish any rights to similar or related ideas that we were previously aware of, developed by our employees, or obtained from sources other than you.
5. Confidential information
The service may include non-public, proprietary, or confidential information (“confidential information”) from algo-tech and/or other users. Confidential information includes any information that should be reasonably understood as confidential based on its nature and the circumstances of disclosure, including non-public business, product, technology, and marketing information. You will: (a) protect and safeguard all confidential information with a level of care at least as high as the care you would exercise for your own highly sensitive confidential information, but in no case less than a reasonable standard of care; (b) not use any confidential information for any purpose other than exercising your rights under these terms or fulfilling your obligations; and (c) not disclose any confidential information to any individual or entity, except for your service provider or financial or legal advisor, who (i) need to know the confidential information, and (ii) are subject to restrictions on use and confidentiality at least as strict as those specified in this section.
6. DMCA Notice
We respect the rights of artists and content owners, and our policy is to respond to suspected infringement notices in accordance with the Digital Millennium Copyright Act 1998 (possibly amended as “DMCA”).
If you believe that your copyrighted work has been reproduced in a way that constitutes copyright infringement and is accessible through the service, please notify our Copyright Agent in accordance with the provisions of the DMCA. In order for your complaint to be valid under the DMCA, you must provide all of the following information in writing:
a) An electronic or physical signature of the authorized representative of the copyright owner;
b) The mark of the copyrighted work for which you claim infringement;
c) The identification of the material claimed to have been infringed and its location in the service;
d) Information sufficient for us to contact you, such as your address, telephone number and email address;
e) A statement that you have good reason to believe that the use of the material in the manner complained of is not authorized by the copyright owner, his agent or law; and
f) A statement that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the owner, and that you are willing to be punished for perjury if you give false testimony.
The above information must be submitted by email using the following contact information: support@algo-tech.ai
Please note that the procedures outlined here are intended to inform algo-tech and its affiliates that your copyrighted material has been infringed. These requirements are intended to comply with algo-tech’s rights and obligations under the DMCA, including 17 U.S.C. §512 (c), but they do not constitute legal advice. It is recommended that you consult a lawyer to understand your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable laws, we have a policy of terminating users who are deemed to be repeat infringers in appropriate circumstances. We may also restrict access to the service and/or terminate the user account of any user who infringes any intellectual property rights of others, regardless of whether there is any repeat infringement.
7. Our image rights
We may identify you as a user in our promotional materials. We will immediately stop doing so upon receipt of your request to support@algo-tech.ai.
8. Payment, billing and subscription plans
8.1 Billing Policy
Taxes. Some aspects of the service may be provided free of charge, while other aspects of the service and/or the products offered on it may incur charges or fees (“fees”). Each fee (including each subscription fee, as defined below) is the sum of the applicable algo-tech fees (as defined below) and any applicable third-party fees (as defined below). By choosing to use the non-free parts of the service, including the registration subscription (as defined below), you agree to the pricing and payment terms that apply to you. The pricing and payment terms are hereby incorporated by reference into this agreement. We reserve the right to add new products and/or services at additional cost, increase or modify the fees for existing products and/or services, and/or discontinue any subscription at any time; however, if we have agreed to a specific subscription period and the corresponding subscription fee, the subscription will remain valid for the subscription period. Any changes to the pricing and payment terms will take effect in the billing cycle following our notification of such changes. Unless otherwise specified in these terms or the pricing and payment terms, all fees must be paid in advance, and once a payment obligation arises, it cannot be canceled (subject to any cancellation rights specified in these terms), and no refunds will be given for fees already paid. Fees do not include any taxes, duties, tariffs, or similar government assessments of any nature, including value-added tax, sales tax, use tax, and withholding tax, etc., assessable in any jurisdiction (collectively referred to as “taxes”), except for taxes based on our net income, collectively referred to as “taxes.” You will be responsible for paying all taxes related to purchases and/or subscriptions related to the Service.
8.2 Definitions
a) “Subscription” means a specific part of the service available on the basis of automatic renewal of the subscription, and your access to that part (if applicable).
b) “Subscription fee” means a recurring amount payable as consideration for a subscription; a Subscription fee is a type of Fee.
c) “algo-tech fee” means the fees that algo-tech may retain (including any subscription fees) as part of consideration for the provision of the service or any part thereof (including any particular subscription) (as applicable).
d) “Third party fees” means the portion of fees retained by one (1) or more third parties (including payment processors) (including any subscription fees), which we may from time to time decide to hire on our own.
8.3 Your payment method
a) General Provisions. To use the non-free aspects of the service, you must provide us with at least one (1) valid payment card accepted by us and the payment processor (collectively referred to as “payment method”). By providing a payment method, you authorize algo-tech and the payment processor to charge applicable fees and taxes on that payment method, including (if applicable) regular charges and taxes until your subscription is canceled (including any notice period specified in Section 8.4(c) (Cancellation Procedures)). Fees and taxes will be deducted from your payment method on the specific payment dates indicated in your user account. In certain cases, your payment dates may change, such as if your payment method fails to settle, if you change your subscription plan, or if your subscription start date is not included in the next month. The length of your billing cycle will depend on the Subscription type you have registered for (if applicable). After payment, full fees will be charged. We may authorize your payment method through various methods to anticipate service-related fees, including authorization for up to one (1) month of service immediately after you register for the service.
b) Payment Statement and Warranty. You declare and warrant that: (i) the account, order, and payment method information you provide to us and/or the payment processor (if applicable) is true, accurate, correct, and complete; (ii) you have been officially authorized to use the payment method; (iii) you will pay all service-related fees incurred by users using your payment method, including any applicable fees (at the prevailing rate at the time of such fees) and taxes; (iv) your payment method provider will cover the costs incurred by you; (v) you must not allow or permit anyone else to use your subscription (including but not limited to sharing your password or other authentication credentials with others, or attempting to transfer your subscription to others); and (vi) you will report to us any unauthorized access or use of your subscription and/or password or other authentication credentials.
c) Disclaimer. We do not assume any responsibility and you understand and acknowledge that we are not liable for: (I) any security or privacy breaches related to your credit card or other payment methods, (II) any fees your bank may charge for processing transactions, and/or (III) unauthorized use of your credit card, debit card, or other third-party payment methods.
8.4 Subscription Plan
a) Automatic Renewal. The subscription can be automatically renewed, and a subscription fee is required. Your subscription will automatically renew at the end of each subscription period specified in your subscription order, with the same terms as the initial subscription period (each such period is referred to as a “subscription period”), unless you cancel the applicable subscription through the cancellation procedures outlined in Article 8.4 (C) (Cancellation Procedures) during the notification period specified therein.
b) Automatic billing and policies. When you register for a subscription, you acknowledge and agree that: (i) algo-tech and the payment processor have the right to charge you the subscription fee, any applicable taxes, and any other fees related to your subscription at the start of each subscription period, subject to these terms; and (ii) your subscription remains valid until the earlier of the following two events: (A) you cancel the subscription (including any notice period specified in Article 8.4(c) for cancellation procedures), and (B) you suspend, terminate, or end access to the subscription or service under these terms. You understand and acknowledge that the billing amount may vary due to promotional offers (as defined below), changes in subscription fees based on pricing and payment terms, and/or changes in applicable taxes, and you authorize algo-tech and the payment processor to charge you the revised amount to your payment method.
c) Cancellation Procedure. To cancel any subscription, you must use the relevant service functions or contact us via support@algo-tech.ai at least three (3) days before the start of the next subscription period. Until the end of your current subscription term, you will continue to have access to the subscription. You understand that unless you notify us of your intention to cancel, your subscription and the associated fees will be automatically renewed.
d) Cancellation; Refund. You can decide at any time to deactivate your user account or any subscription, and we may, in accordance with Article 8.1 (Billing Policy; Taxes), suspend or terminate your subscription, user account, or service at any time. However, you understand and acknowledge that, unless required by applicable law, you will not be entitled to any refunds or credits for any such cancellations, suspensions, or terminations, or for any unused time in your subscription, any prepaid amounts related to your subscription, any use of any part of the service, or subscription fees. Any content or data associated with your user account or any other content, as well as any such refunds or credits, may be granted at our discretion. If you believe your charges are incorrect and wish to apply for a refund, please contact us via support@algo-tech.ai.
8.5 Promotional Offers.
We may offer special promotional offers, plans, or memberships (collectively referred to as “promotional offers”) from time to time. The eligibility for these promotions is determined by us. If we determine that you do not qualify, we reserve the right to revoke the promotional offer. We may use information such as device IDs, payment methods, and/or email addresses associated with your user account to determine eligibility. The eligibility criteria and other restrictions and conditions will be disclosed when you register for the promotional offer or in other communications provided to you. You understand and acknowledge that any promotional offer, including but not limited to those related to subscriptions, may change at any time and without notice.
9. Privacy; Data security
9.1 Privacy
We care about your privacy. By using this Service, you acknowledge that we may collect, use and disclose your personal information and aggregate and/or anonymized data in accordance with the provisions of our Privacy Statement, and that your personal information may be transmitted to and/or processed in the United States.
9.2 Security.
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never breach our security measures or use your data for improper purposes. You acknowledge that you are at your own risk for providing data.
10. Your use of third-party services
The service may include links to third-party websites, materials, and/or services (collectively referred to as “third-party services”). These third-party services are not owned or controlled by us, and some features of the service may require you to use these third-party services. If you use third-party services related to the service, you agree to be bound by and comply with the terms and conditions provided by these third-party services or any agreements reached through them. We do not endorse any third-party services and do not assume any responsibility for them. If you access third-party services from the service, or share your user content on or through any third-party services, you do so at your own risk. You understand that these terms and our privacy policy do not apply to your use of any third-party services. You expressly waive all liability we may incur for your access to and/or use of any third-party services.
11. Dissemination
You hereby waive all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses, regardless of their type or nature, whether known or unknown, arising from any service-related disputes between you and third parties (including any other users). Additionally, you waive any provision that states: “The general disclaimer does not apply to claims that the disclaiming party is unaware of or suspects to be beneficial to them when enforcing the disclaimer, if such knowledge would significantly affect their settlement with the disclaiming party.”
12. Compensation
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 any output; (b) Your breach of any provision of these terms, including but not limited to any representations and warranties set forth in these terms; (c) Your infringement of any third party rights, including but not limited to any privacy or intellectual property rights; (d) Your violation of any applicable law; (e) User content or any content submitted through your user account, including but not limited to any misleading, false, or inaccurate information; (f) Your intentional misconduct; or (g) Any third party using your username, password, or other authentication credentials to access and/or use the service.
13. No warranties; disclaimer of liability
The service is provided as ‘as is’ and ‘as available.’ You use the service at your own risk. To the extent permitted by applicable law, the service, intellectual property, and any other information provided on or through the service are not warranted, either expressly or impliedly, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any oral or written advice or information you receive from us or through the service does not constitute any warranty that is not explicitly stated here. Without limiting the above general principles, algo-tech does not warrant the accuracy, completeness, reliability, usefulness, or correctness of any content or other information contained in or provided through this service; that the service will meet your requirements; that the service will be available at any specific time or place, uninterrupted, or secure; that any defects or errors in the service will be corrected; or that the service will be free of viruses or other harmful components. You are solely responsible for any damage to your computer system or mobile device and any data loss resulting from your access to and/or use of the service. You may have other statutory rights, but the warranty period required by law (if applicable) will be limited to the shortest period permitted by applicable law.
In addition, algo-tech does not warrant, endorse, guarantee, or recommend any products or services advertised or provided by any third party through the Service or any hyperlink website or service, nor is it responsible for such products or services, and algo-tech will not become a party to any transaction between you and a third party product or service provider, nor will it monitor such transactions in any way.
U.S. federal law and some state, provincial, and other jurisdictions do not permit the exclusion or limitation of certain implied warranties; therefore, these exclusions and limitations may not apply to you. These terms grant you specific legal rights, and you may also have additional rights that vary by jurisdiction. The disclaimers, exclusions, and limitations under these terms are not applicable if prohibited by applicable law.
14. Limitation of liability
To the extent permitted by applicable law, in no event shall any algo-tech indemnitor be liable for any indirect, punitive, incidental, special, consequential, or punitive damages, including but not limited to damages for profits, goodwill, use, data loss, or other intangible losses arising from or related to the use or inability to use the service or any part thereof. We are not responsible for any damage, loss, or injury caused by hacking, tampering, or unauthorized access or use of the service or your user account or the information contained therein.
To the extent permitted by applicable law, we do not assume any responsibility or obligation for: (a) errors, omissions, or inaccuracies in the content; (b) any personal injury or property damage resulting from your access to or use of the service; (c) unauthorized access or use of the servers running the service and/or any and all personal information stored on them; (d) interruptions or stops in the transmission between you and the service; (e) any vulnerabilities, viruses, Trojans, or similar information transmitted to or through the service by any third party; (f) any errors or omissions in the content, or any loss or damage caused by using any content published through the service, sent via email, transmitted, or otherwise provided; and/or (g) your data, any user content, or any defamatory, offensive, or illegal acts by any third party.
Under no circumstances shall any algo-tech indemnitor be liable for any claim, lawsuit, liability, obligation, damages, loss, or expense exceeding the amount you have paid us under this agreement or the amount of one hundred dollars (USD 100.00) (whichever is greater). This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been informed of the possibility of such damage.
Some jurisdictions do not permit the exclusion or limitation of incidental or consequential damages, so these exclusions and limitations may not apply to you. These terms grant you specific legal rights, and you may also have other rights that vary by jurisdiction. The disclaimers, exclusions, and liability limitations under these terms are not applicable if prohibited by applicable law.
15. Applicable law, arbitration and waiver of jury tria
15.1 Governing Law
This clause shall be governed by the laws of Singapore. In case of any dispute, both parties shall first try to resolve it through friendly negotiation. If no agreement can be reached through negotiation, the dispute shall be submitted to Singapore International Arbitration Center (SIAC) for settlement in accordance with its current arbitration rules.
15.2 Arbitration Agreement
a) General Provisions. Please read this section carefully, as it requires both parties to arbitrate any disputes and limits the remedies you can seek from us. This arbitration agreement applies to and governs any dispute, controversy, or claim arising directly or indirectly from: (i) these terms, including their formation, existence, breach, termination, enforcement, interpretation, validity, and enforceability; (ii) access to or use of the services, including receiving any advertisements or marketing communications; (iii) any transactions conducted through, via, or using the services; or (iv) any other aspects of your relationship or transactions with us as a user or consumer, whether direct or indirect (collectively referred to as “claims” or “claims”). This arbitration agreement will apply to all claims that arise or are asserted before or after your consent to these terms.
b) Opt out of the arbitration agreement. If you are a new user, you can opt out of this arbitration agreement within thirty (30) days after accepting these terms by sending an email to support@algo-tech.ai, attaching your full legal name, and stating your intention to opt out. Opting out of this arbitration agreement will not affect the binding force of any other provisions of these terms, including those concerning the applicable law or the court in which any dispute must be brought.
C) Dispute Resolution Procedure. For any claim, you first contact us through support@algo-tech.ai and attempt to resolve the claim informally with us.
d) Equitable Remedy. Nothing in this arbitration agreement shall be construed as preventing us from seeking an injunction or other equitable remedy from the court as necessary to prevent actual or potential infringement, misappropriation, or breach of our data security, confidential information, or intellectual property; nor shall it prevent you from filing a claim in the Small Claims Court if your claim meets the conditions and is still pending in that court on a personal (non-group, non-collective, and non-representative) basis.
e) Divisibility. If this arbitration agreement is found to be wholly or partially invalid, unenforceable, or illegal, the invalid, unenforceable, or illegal clauses will be separated. The separation of these clauses will not affect the remaining terms of the arbitration agreement (which will remain in effect) or the parties’ ability to separately arbitrate any remaining claims under this agreement. However, if a waiver of the right to a class action or jury trial is found to be wholly or partially invalid, unenforceable, or illegal, as it would prevent you from seeking public injunction relief, any dispute regarding such relief (and only such relief) must be separated from the arbitration and can be brought before a competent civil court. All other relief requests under this arbitration agreement will be arbitrated according to its terms, and both parties agree that any litigation concerning the right to public injunction relief will be stayed until the outcome of any individual claim is determined in the arbitration.
15.3 Waiver of Class Action / Jury Trial
By signing this clause, you and algo-tech each waive the right to a jury trial or the right to initiate, join, or participate in any so-called class action, collective action, private attorney’s action, or any other type of representative action as plaintiffs or members of a class. This waiver applies to all users, including individuals and entities, regardless of whether they use the service for personal, commercial, or other purposes. The waiver of class action / jury trial also applies to class arbitration; unless otherwise agreed, arbitrators shall not consolidate claims from multiple individuals or entities. You and algo-tech agree that arbitrators can only award relief to individual claimants and must do so within the scope necessary to provide relief for your individual claim. Any relief granted will not affect other users.
16. General provisions
16.1 Assignment
You may not assign or assign this Agreement and any rights and licenses granted hereunder without our prior written consent, except that we may assign without restriction. Any assignment or attempt to assign in violation of this Agreement is invalid.
16.2 Notification Procedures and Changes to These Terms
We reserve the right to notify you through email, in writing, or by hard copy, or by posting such notices on our service, whether required by applicable law or for marketing or other business purposes. We reserve the right to choose the form and method of notification, but you may opt out of certain notifications as required by applicable law or as stipulated in these terms. We are not responsible for any automatic filtering that may apply to emails sent to your email address by us. We may modify or update these terms from time to time, so it is advisable to regularly check this page. When we make significant changes to these terms, we will update the “Last Modified” date at the top of this page and notify you of any significant changes. These terms govern your access to and use of the service, effective from the date you first access the service, even if such access began before the terms were published. By continuing to use the service after any changes to these terms, you agree to the new terms. If you do not agree with any part of these terms or any future terms, do not access or use (or continue to access or use) the service.
16.3 Complete Agreement; Separability.
This clause, together with any amendments to the service and any other agreements you may enter into with us, will form the complete agreement between you and us regarding the service. Any statements or comments made by you to our employees or representatives are expressly excluded from this clause and do not apply to you or us, nor to your access or use of the service. Unless otherwise provided in the arbitration agreement, if any provision of this clause is found invalid by a competent court, the invalidity of that provision shall not affect the validity of the remaining provisions of this clause, which shall remain fully effective.
16.4 Waiver
A waiver of any provision hereof shall not be deemed a further or continuing waiver of such provision or any other provision, and our failure to claim any right or provision hereunder shall not constitute a waiver of such right or provision.
16.5 Contact Information
If you have any questions about these Terms and/or Services, please contact us at support@algo-tech.ai.