Last Updated: 04-10-2023
By signing up for an account with Bold Crow (Bold Crow AI LLC) (“Company”, “we”, “us”, or “our”), you (“User”, “you”, or “your”) agree to be bound by these Terms of Service (“Terms”) and the incorporated Software as a Service (“SaaS”) Agreement. Please read these Terms and the SaaS Agreement carefully before using our services.
If you do not agree with these Terms and the SaaS Agreement, do not sign up for an account or use our services.
1. Acceptance of Terms
By creating an account, accessing, or using our services, you agree to be bound by these Terms and the SaaS Agreement. These Terms and the SaaS Agreement govern your access to and use of our software, platform, applications, and any related services provided by the Company (collectively, the “Services”).
2. Modification of Terms
We reserve the right to update, modify, or replace any part of these Terms and the SaaS Agreement at our sole discretion. We will notify you of any changes by posting the updated Terms and the SaaS Agreement on our website. It is your responsibility to check for updates periodically. Your continued use of or access to our Services following the posting of any changes to these Terms and the SaaS Agreement constitutes acceptance of those changes.
3. Account Registration and Security
To access and use our Services, you must create an account by providing accurate and complete information as prompted by our registration process. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You agree to notify us immediately if you suspect any unauthorized access or use of your account.
4. User Content
You are solely responsible for all data, information, and content (collectively, “User Content”) that you upload, submit, or otherwise transmit via our Services as a result of using our Services. You grant us a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely for the purpose of providing our Services to you. The Company does not claim any ownership interest in your User Content.
5. Intellectual Property
All intellectual property rights, including copyrights, trademarks, and trade secrets, in the Services are owned by the Company or its licensors. Your use of the Services does not grant you any ownership rights in the Services or the content you access through the Services, except for your own User Content.
6. Fees and Payments
By signing up for an account and accessing our Services, you agree to pay the fees associated with your selected plan as outlined in our Agreement. We reserve the right to modify our fees, payment terms, or plans at any time, subject to the terms in the SaaS Agreement.
7. Termination
We may terminate your access to and use of our Services at any time, with or without cause, upon written notice to you. You may terminate your account and these Terms by providing written notice to us. Upon termination, all rights and obligations under these Terms and the SaaS Agreement shall cease, except for any rights or obligations that by their nature should survive.
8. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, our Services.
9. Governing Law and Dispute Resolution
These Terms, the SaaS Agreement, and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of American Arbitration Association (AAA) in the United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms, the SaaS Agreement, or our Services shall be resolved through binding arbitration, in accordance with the rules of the American Arbitration Association (AAA), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Columbus, Ohio, and each party shall be responsible for its own costs, including attorney’s fees.
10. Miscellaneous
a. Entire Agreement: These Terms, the SaaS Agreement, and any SOW Agreements constitute the entire agreement between you and the Company concerning your use of our Services and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, between you and the Company.
b. Severability: If any provision of these Terms or the SaaS Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions shall continue in full force and effect.
c. Waiver: No waiver of any provision of these Terms or the SaaS Agreement shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms or the SaaS Agreement shall not constitute a waiver of such right or provision.
d. Assignment: You may not assign or transfer these Terms or the SaaS Agreement, or any rights or obligations hereunder, without our prior written consent. We may assign or transfer these Terms and the SaaS Agreement, or any rights or obligations hereunder, at our sole discretion.
e. Force Majeure: Neither party shall be liable for any delay or failure to perform any obligation under these Terms or the SaaS Agreement (except for payment obligations) if the delay or failure is due to unforeseen events that are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.
f. Notices: All notices, requests, consents, claims, demands, waivers, and other communications under these Terms and the SaaS Agreement shall be in writing and shall be deemed to have been given: (i) when delivered by hand (with written confirmation of receipt); (ii) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (iii) on the date sent by email (with confirmation of receipt) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (iv) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid.
By signing up for an account and using our Services, you acknowledge that you have read, understand, and agree to be bound by these Terms and the SaaS Agreement.