Terms of Service
Effective Date: January 1, 2025
These Terms of Service ("Terms") govern your use of the AIXLab website and services (collectively, the "Services") operated by AIXLab ("we," "our," or "us"). By accessing or using our Services, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.
2. Use of Services
2.1 Eligibility
You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2.2 Account Registration
To access certain features of our Services, you may need to create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your login credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use of your account
2.3 Acceptable Use
You agree not to use our Services to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Transmit any harmful, offensive, or illegal content
- Interfere with or disrupt the Services or servers
- Attempt to gain unauthorized access to any portion of the Services
- Use automated means to access the Services without our permission
- Engage in any activity that could damage our reputation or business
3. Intellectual Property Rights
3.1 Our Intellectual Property
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, software, and algorithms, are owned by AIXLab or our licensors and are protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.
3.2 Your Content
You retain ownership of any content you submit to our Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with providing the Services.
3.3 Feedback
Any feedback, suggestions, or ideas you provide about our Services becomes our property and may be used without compensation to you.
4. Payment Terms
4.1 Fees
Certain features of our Services may require payment. You agree to pay all applicable fees as described in our pricing plans. All fees are non-refundable unless otherwise specified.
4.2 Billing
We may use third-party payment processors to handle billing. You agree to provide accurate billing information and authorize us to charge your payment method for all fees incurred.
4.3 Taxes
You are responsible for all applicable taxes related to your use of our Services, except for taxes based on our net income.
5. Confidentiality
Each party agrees to maintain the confidentiality of the other party's confidential information and not to use such information except as necessary to perform under these Terms.
6. Warranties and Disclaimers
6.1 Service Warranty
We warrant that our Services will be performed with reasonable skill and care. However, we do not guarantee that the Services will be uninterrupted, error-free, or completely secure.
6.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIXLAB 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 OUR SERVICES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
8. Indemnification
You agree to indemnify, defend, and hold harmless AIXLab and its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, and expenses arising from:
- Your use of our Services
- Your violation of these Terms
- Your violation of any rights of another party
- Your content or data
9. Termination
9.1 Termination by You
You may terminate your account at any time by contacting us. Termination does not relieve you of any obligations incurred prior to termination.
9.2 Termination by Us
We may suspend or terminate your access to our Services at any time, with or without cause or notice, including for violation of these Terms.
9.3 Effect of Termination
Upon termination, your right to use our Services will immediately cease. Provisions of these Terms that by their nature should survive termination will survive.
10. Governing Law and Dispute Resolution
10.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.
10.2 Arbitration
Any dispute arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Denver, Colorado.
10.3 Class Action Waiver
You agree to resolve disputes with us on an individual basis and waive your right to participate in a class action lawsuit or class-wide arbitration.
11. Export Controls
You agree to comply with all applicable export and import laws and regulations, including U.S. export controls and economic sanctions requirements.
12. General Provisions
12.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and AIXLab regarding your use of our Services.
12.2 Modifications
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website. Your continued use of our Services after such modifications constitutes acceptance of the updated Terms.
12.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
12.4 Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
12.5 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without your consent.
13. Contact Information
If you have any questions about these Terms, please contact us at:
AIXLab
16192 Coastal Highway
Lewes, DE 19958
United States
Email: legal@aixlab.dev
Phone: +1 (747) 248-9871