Effective October 20, 2022
1. Agreement to Terms. By using our Site, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Site. Unless you and Gretel.ai have entered into a separate written agreement, these Terms constitute the entire and exclusive agreement between you and Gretel.ai regarding the Site. These Terms apply exclusively to your access to and use of the Site and do not alter the terms and conditions of any other agreement you may have with Gretel.ai, including the Gretel.ai Subscription Services Agreement (https://gretel.ai/terms). In the event of a conflict between these Terms and any separate written agreement entered into between you and Gretel.ai, the terms of such separate written agreement will prevail.
3. Changes to these Terms. We may update these Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site. If you continue to use the Site after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Site anymore.
4. Site Content. We may make content and other materials available through the Site that are subject to intellectual property rights. We retain all rights to that such content and materials. We grant you permission to copy, distribute and download the content and materials on the Site solely for personal, noncommercial use only, provided that you do not modify or create derivative works based upon the content and materials and that you retain all copyright and other proprietary notices contained in the content and materials. You may not, however, distribute, copy, reproduce, display, republish, download or transmit any content or material on the Site for public or commercial use without prior written approval of Gretel.ai.
5. Feedback. If you provide Gretel.ai with suggestions, comments, feedback or the like with regard to the Site, the content or other materials on it or any of Gretel.ai’s services (collectively, “Feedback”), you hereby grant Gretel.ai a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free and fully-paid up license to use and exploit all Feedback in connection with Gretel.ai’s business purposes, including, without limitation, the testing, development, maintenance and improvement of the Site and other products, services and technology of Gretel.ai.
6. Reservation of Rights. Gretel.ai and its licensors exclusively own all right, title and interest in and to the Site and all content and materials provided on it, including all associated intellectual property rights. You acknowledge that the Site and all content and materials provided on it are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated into or accompanying the Site or any content or materials provided on it.
7. General Prohibitions. You agree not to do any of the following:
- Use, display, mirror or frame the Site or any individual element within the Site, Gretel.ai’s name, any Gretel.ai trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Gretel.ai’s express written consent;
- Access, tamper with, or use non-public areas of the Gretel.ai, Gretel.ai’s computer systems, or the technical delivery systems of Gretel.ai’s providers;
- Attempt to probe, scan or test the vulnerability of any Gretel.ai system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Gretel.ai or any of Gretel.ai’s providers or any other third party (including another user) to protect the Site;
- Attempt to access or search the Gretel.ai or download content from the Gretel.ai using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Gretel.ai or other generally available third-party web browsers;
- Use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
8. Links to Third Party Websites or Resources. The Site may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
9. Warranty Disclaimers. THE SITE AND ALL CONTENT AND MATERIALS PROVIDED ON IT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Site or any content or materials provided on it will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content or materials on the Site.
10. Indemnity. You will indemnify and hold Gretel.ai and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Site, or (b) your violation of these Terms.
11. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER GRETEL.AI NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR ANY CONTENT OR OTHER MATERIALS ON IT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GRETEL.AI OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WILL GRETEL.AI HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ANY CONTENT OR OTHER MATERIALS PROVIDED ON IT, AND IN NO EVENT WILL ITS LIABILITY EXCEED ONE HUNDRED DOLLARS ($100).
12. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. The parties expressly consent to personal and exclusive jurisdiction in the state and federal courts located in the City and County of San Francisco, California, and you and Gretel.ai each waive any objection to jurisdiction and venue in such courts.
13. General. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Gretel.ai’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Gretel.ai. The exercise by Gretel.ai of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms, please contact Gretel.ai at firstname.lastname@example.org.