Terms of Service for nanili.ai
Effective Date: 16 October 2024
1. Introduction
Welcome to nanili.ai ("we," "our," "us," or the "Company"). By accessing or using our website, products, services, and applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you don't agree to these Terms, please do not use our Services.
2. Definitions
"User," "you," and "your" refer to you, as a user of the Services. A "user" is someone who accesses or uses the Services for any purpose.
"Content" means text, images, photos, audio, video, and all other forms of data or communication.
3. Using Our Services
3.1 Eligibility
You must be at least 16 years old to use our Services. By using our Services, you represent and warrant that you meet this requirement and that you have the right, authority, and capacity to enter into these Terms.
3.2 Account Creation and Responsibility
To access some features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password.
3.3 Acceptable Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. You will not use our Services:
a) In any way that violates any applicable federal, state, local, or international law or regulation.
b) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
c) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
d) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm the Company or users of the Services.
3.4 API Usage and Rate Limits
If we provide you with access to our API, you agree to use it in accordance with any usage guidelines and restrictions we provide. We reserve the right to set and enforce rate limits at our sole discretion.
4. Your Content
4.1 Ownership
You retain ownership of any intellectual property rights that you hold in Your Content.
4.2 License Grant
By submitting, posting, or displaying Your Content on or through our Services, you grant nanili.ai a limited, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, transmit, and display such Content solely for the purpose of providing and improving our Services.
This license is limited to:
a) Operating and improving the Services, which includes allowing the Services to function as intended and creating system backups.
b) Displaying Your Content within the Services as directed by you or other users you authorize.
c) Internal usage for quality control and development of new features.
d) Complying with legal obligations and enforcing our policies.
This license does not grant nanili.ai the right to sell Your Content or otherwise distribute it outside of our Services without your explicit consent.
4.3 License Term
The license granted in Section 4.2 continues for as long as Your Content is protected by intellectual property rights. However, you can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Services and they copied, re-shared it or stored it, and (b) for the reasonable time it takes to remove from backup and other systems.
4.4 Right to Sublicense
You grant nanili.ai the right to sublicense the rights granted in Section 4.2 to other users of the Services solely as necessary to provide the Services, subject to the restrictions described in these Terms.
4.5 Content Responsibility
You are solely responsible for Your Content and the consequences of posting or publishing it. You represent and warrant that you have all necessary rights to Your Content and that it does not violate any third party rights or applicable laws.
4.6 Content Removal
We reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.
5. Privacy and Data Protection
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share information about you when you use our Services. By using our Services, you agree to the collection, use, and sharing of your information as set out in our Privacy Policy.
6. Intellectual Property Rights
6.1 Our Intellectual Property
The Services and their entire contents, features, and functionality are owned by nanili.ai, its licensors, or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws.
6.2 Limited License
Subject to these Terms, nanili.ai grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use.
7. Changes to Our Services
We reserve the right to withdraw or amend our Services, and any service or material we provide via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
8. Termination
8.1 Your Right to Terminate
You can stop using our Services at any time. You can also delete your account by following the instructions on our website.
8.2 Our Right to Terminate
We may terminate or suspend your access to all or part of the Services, delete your account, and remove any of Your Content, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or for any other reason.
8.3 Effect of Termination
Upon termination, all rights and licenses granted to you in these Terms will immediately cease.
9. Disclaimers and Limitations of Liability
9.1 Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
9.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NANILI.AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
UNDER NO CIRCUMSTANCES WILL NANILI.AI'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID NANILI.AI, IF ANY, IN THE LAST 12 MONTHS.
10. Indemnification
You agree to indemnify and hold harmless nanili.ai from any claims, losses, damages, liabilities, including legal fees, arising out of your use or misuse of the Services, violation of these Terms, or violation of any rights of a third party.
11. Dispute Resolution
11.1 Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws rules.
11.2 Arbitration Agreement
Any dispute arising out of or relating to these Terms will be resolved by binding arbitration, conducted in Wilmington, Delaware, in accordance with the AAA Arbitration Rules.
11.3 Class Action Waiver
YOU AND NANILI.AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
11.4 Opt-out Right
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to info@nanili.ai within 30 days after first becoming subject to this Arbitration Agreement.
12. Changes to These Terms
We may revise these Terms from time to time. The most current version will always be posted on our website. If a revision is material, we will notify you via email or through the Services. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.
13. Miscellaneous
13.1 Entire Agreement
These Terms constitute the entire agreement between you and nanili.ai regarding your use of the Services.
13.2 Waiver and Severability
The failure of nanili.ai to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect.
13.3 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without nanili.ai's prior written consent. nanili.ai may assign these Terms at any time without notice or consent.
13.4 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights.
14. Contact Information
If you have any questions about these Terms, please contact us at info@nanili.ai.
By using the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.