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Terms and Conditions for Dodo Detect Beta
Terms of Service Effective Date: May 30, 2024 1. Introduction Welcome to Dodo Detect, a product of Dodo AI LLC ("Dodo", the “Company”, "we", "our", "us"). These Terms of Service ("Terms") govern your use of our software as a service (SaaS) platform, website, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service. 2. Changes to Terms We may modify these Terms at any time. We will provide notice of such changes by posting the revised Terms on our website and updating the "Effective Date" above. Your continued use of the Service after any changes indicates your acceptance of the new Terms. 3. Account Registration To use certain features of the Service, you must register for an account ("Account") and provide accurate, complete, and updated information. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account. 4. Use of the Service 4.1. License Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, limited license to use the Service. 4.2. Restrictions You agree not to: Use the Service for any illegal or unauthorized purpose. Modify, adapt, hack, or reverse engineer the Service. Use the Service to transmit any viruses, worms, or malicious content. Use the Service to infringe on the intellectual property rights of others. Resell, distribute, or sublicense the Service. 5. Fees and Payment 5.1. Subscription The Service is provided on a subscription basis. You agree to pay all applicable fees as described in your client agreement. 5.2. Billing We will bill you in arrears on a recurring basis (e.g., monthly or annually) for the subscription. You authorize us to charge your payment method for the subscription fees. 5.3. Refunds Except as required by law, all fees are non-refundable. 6. Intellectual Property All intellectual property rights in and to the Service, including but not limited to software, text, images, and trademarks, are owned by us or our licensors. These Terms do not grant you any rights to use our trademarks, logos, or other brand elements. 7. Privacy Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information. 8. Termination 8.1. By You You may terminate your Account at any time by following the instructions on our website. 8.2. By Us We may suspend or terminate your access to the Service if you violate these Terms or for any other reason at our sole discretion. We will provide you with notice of such suspension or termination. 8.3. Effect of Termination Upon termination of your Account, your right to use the Service will immediately cease. We may delete your data upon termination, and we are not obligated to provide you with a copy of your data. 9. Disclaimer of Warranties The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. 10. Limitation of Liability To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: Your use of or inability to use the Service. Any unauthorized access to or use of our servers and/or any personal information stored therein. Any interruption or cessation of transmission to or from the Service. Any bugs, viruses, or the like that may be transmitted to or through the Service by any third party. 11. Indemnification You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another. 12. Governing Law These Terms shall be governed by and construed in accordance with the laws of North Carolina, without regard to its conflict of law principles. 13. Dispute Resolution 13.1. Arbitration Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Charlotte. North Carolina using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. 13.2. Waiver of Class Actions You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. 14. General 14.1. Entire Agreement These Terms are in addition to any agreement between you and us regarding the use of the Service and supersede any prior or contemporaneous agreements, communications, and proposals (whether oral, written, or electronic) between you and us except for your “Client Agreement”. 14.2. Severability If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. 14.3. Waiver Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. 14.4. Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms at our sole discretion, without restriction. 15. Contact Us If you have any questions about these Terms, please us the “contact us” section of the home page. By using the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.