Terms Of Use
Definitions
- "Users" ("you") refers to all individuals or entities that have registered for an account on the Platform, including but not limited to individuals, companies, organizations, or any other legal entities. By creating an account and accessing the Platform, Users agree to abide by the terms and conditions outlined in this Agreement. Users can access and use the Platform for their own personal or business purposes and are solely responsible for any User Content they upload, post, or transmit on the Platform. Any breach of the Agreement may result in the termination or suspension of their account and access to the Platform.
- "Platform" refers to our web application (neuralnote.io) that enables Users to access, use, and interact with the services and features provided by the Company. The Platform includes all web pages, mobile applications, software programs, and communication tools that are owned, operated, or licensed by the Company. The Platform also encompasses all data, graphics, text, images, audio, videos, and other content or materials that are made available through the Platform. Users acknowledge that the Platform may be modified, updated, or discontinued by the Company at any time without prior notice.
- "Company" ("us", "we") is the legal entity NEURALNOTE FAMILY L.P., and Ontario Limited Partnership, that owns and operates the Platform. The Company is responsible for provisioning the infrastructure, software, maintenance, and services necessary for the operation of the Platform. Contact details of the Company can be found in theContact Information of this Agreement. As a User or Visitor of the Platform, you agree to abide by these Terms of Use, which are a legally binding agreement between you and the Company.
- "Visitors" refer to individuals who browse or view the Platform without creating an account or accessing any user-specific features. The Company may collect certain information from Visitors, such as browsing history or IP address, in accordance with our privacy policy.
- "Third Parties" refer to any individuals, organizations, or entities that are not affiliated with the Company or the Platform but are involved in the use or provision of services, products or resources related to the Platform provided by the Company. Examples of Third Parties include but are not limited to advertisers, sponsors, service providers, and partners of the Company or the Platform. These entities may collect, use, and disclose User data and content in accordance with their own respective terms and policies, which are separate from these Terms of Use. By using the Platform, Users agree that the Company is not liable for any actions or omissions of Third Parties, including any damages, losses, or expenses resulting from interactions with Third Parties made possible through or in connection with the Platform. A list of some of our major Third Parties who provide services that the Platform relies upon, are in our Privacy Policy.
- "Agreement" refers to these Terms of Use and any other policies, guidelines, or agreements referenced herein or on the Platform, including any modifications or updates made by the Company from time to time. By accessing or using the Platform, you agree to be bound by this Agreement. If you do not agree with any aspect of this Agreement, you may not access or use the Platform. This Agreement constitutes a legal agreement between you and the Company, and governs your use of the Platform.
- "User Content" refers to any and all content, including but not limited to text, images, videos, and audio, that a User uploads, posts, generates, or shares on the Platform. The User is solely responsible for any User Content they submit and bears full legal responsibility for any consequences or legal actions resulting from such content. The Company reserves the right to remove any User Content that violates the terms of this Agreement or any applicable laws or regulations. By submitting User Content, the User grants the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised.
Overview
What is the application?
neuralnote.io is an AI-powered personal notebook and interactive knowledgebase builder that can help you explore almost any topic of interest in an organised way, allowing you to ask questions, take notes, form checklists, and more.
What does the application do?
neuralnote.io integrates with OpenAI to provide you with a personal space for you to:
- Create pages (and bookmark them)
- Ask questions to receive structured AI responses about a topic or question. When a structured response is added to your page, it will often highlight various concepts within the response as hyperlinks that you can click on to drill down further into a particular concept. Clicking on a hyperlink will create a new nested page that explores the selected concept further (and will often contain its own hyperlinks). This allows you to explore a topic in a top-down fashion, automatically building a knowledgebase for you about a particular topic through a tree of nested pages.
- You can also ask questions to receive free-form AI responses that post to your current page. These generally won't contain hyperlinks, but they allow you to interact in a more free-form way.
- You may also add notes and smart checklists to your pages.
What are the benefits of using the application?
- With AI, you can co-create personal knowledgebases allowing you to explore almost any topic
- You can maintain an online notebook of your thoughts, and plan projects by building out pages with notes, checklists, and AI generated posts
Why is it necessary to agree to the Terms of Use before using the application?
It is required to agree to our Terms of Use to create an account on the Platform. This is because our Terms of Use outline the important rules and guidelines that govern your use of the Platform. By accepting our Terms of Use, you are legally agreeing to abide by these rules, which ensure a safe and fair experience for all users. Additionally, our Terms of Use protect both you and our Company by clarifying responsibilities and outlining possible consequences for misuse of the platform.
What are some of the possible risks associated with using the application?
- Data loss
As the User, it is important to be aware of the risk of data loss. This can occur due to various reasons such as technical glitches, third-party interference or natural disasters. In such an event, any data that you have uploaded or stored on the Platform may be lost permanently. It is crucial to keep a backup of any essential information as the Company is not liable for any loss of data. - Data breach or hacking
Data breach or hacking is a risk that you should be aware of when using our services. This can happen when your personal information is accessed by unauthorized individuals, which can lead to identity theft, financial fraud, or other harmful outcomes. We make every effort to protect your data, but we cannot guarantee that our systems will always be completely secure. To minimize this risk, we recommend that you use strong passwords, limit the amount of personal information you share on the Platform, and monitor your account regularly for suspicious activity. - Downtime or server failure
You should be aware that there is a risk of downtime or server failure that may occur on our Platform. This could be caused by various factors such as system upgrades or maintenance, security breaches, or unexpected technical problems. In the event of such incidents, our Platform may not be accessible, and you may not be able to access certain features or services. We will do our best to minimize any downtime and promptly address any server issues that may arise, but we cannot guarantee uninterrupted or error-free access to our Platform. - Malware attacks
Malware attacks are a risk that you should be aware of when using our Platform. This type of attack involves malicious software that can harm your computer, steal your personal information, or cause other undesirable effects. You should take steps to protect yourself, such as keeping your antivirus software up to date and not clicking on suspicious links or downloading unknown files. We are not responsible for any damage caused by malware attacks, so it is important that you take these precautions to ensure the security of your device and personal information. - Unauthorized access to sensitive information by employees, hackers, or third-party vendors
You acknowledge the risk of unauthorized access to sensitive information by employees, hackers, or third-party vendors. This risk could potentially result in the compromise of your personal information, including but not limited to your name, address, phone number, email address, and payment details. As such, you agree to take reasonable precautions to protect your personal information, such as using strong passwords and refraining from sharing your login credentials with others. You also acknowledge that the company is not responsible for any loss or damage that may result from unauthorized access to your personal information. - Third-party data theft or misuse
As a user, you should be aware of the risk of third-party data theft or misuse. This means that any personal information you provide on our Platform or through our services could potentially be stolen or used inappropriately by another party. While we take all necessary precautions to protect your data, we cannot guarantee that it will always be safe from cyber attacks or other security breaches. It is important that you take steps to protect your own information, such as creating strong passwords and not sharing sensitive details where possible. By using our Platform, you acknowledge and accept this risk. - Denial of Service (DoS) attacks
The site may experience Denial of Service (DoS) attacks. This type of attack is when a hacker floods the site's servers with excessive traffic or requests, causing them to overload and shut down. This can make the site temporarily unavailable, disrupting your experience and potentially causing frustration or inconvenience. While we take precautions to mitigate such attacks, they are not always avoidable. - Unintended data disclosure
Unintended data disclosure can occur if data is accidentally shared with others, such as posting confidential information on a public forum. This can compromise the privacy and security of your personal and confidential data, and can result in serious consequences such as identity theft or financial fraud. You can reduce this risk by taking extra precautions about what data you share with the Platform and where it is shared. - User error or malfeasance
As a user of the site, you should be aware that there is a risk of user error or malfeasance. This means that you or another user could unintentionally cause harm to the site or its users by making mistakes or engaging in unethical behavior. Some examples of user error or malfeasance include posting inappropriate content, sharing confidential information, or violating the Platform's Terms of Use. To mitigate this risk, it is important to carefully review these Terms of Use and guidelines, and to report any suspicious or concerning activity to the site administrators immediately at contact@neuralnote.io. - System vulnerability exploitation
As a user of our site, you may be at risk of system vulnerability exploitation. This means that cybercriminals may attempt to take advantage of weaknesses or flaws in our systems and gain unauthorized access to your personal information or our network. These vulnerabilities could be the result of outdated software, misconfigurations, or other security oversights. It is important to note that we take extensive measures to prevent such attacks, but there is always a chance that they may occur. As a user, you should take precautions like using strong passwords, and take care to avoid posting sensitive data to the Platform. - Phishing attacks
One of the risks you may face as a user of this Platform is phishing attacks. This is when scammers try to trick you into giving them your sensitive information, such as login credentials or credit card details, by posing as a trustworthy entity through email or other forms of communication. Be wary of suspicious emails or links and always verify the sender's identity before sharing any sensitive information. - Ransomware attacks
As a user of our Platform, you should be aware of the risk of ransomware attacks. These attacks involve hackers gaining access to your computer and encrypting your files, demanding a ransom in exchange for the decryption key. If you fall victim to a ransomware attack, you may lose access to your personal or sensitive information, and may have to pay a significant sum to regain control of your files. It is important for you to take necessary precautions, such as regularly backing up your data and avoiding suspicious emails or downloads. - Insecure payment transactions
We use Stripe as our payment processor. Stripe is certified as a PCI Level 1 service provider, the most stringent level of certification available in the payments industry. Sensitive payment card information is sent directly from you to Stripe and is not received by us. When you create a subscription, your card is saved on file with Stripe. Our platform is able to charge the card on file, creating a risk that hackers could obtain access to the platform and use that card on file for for fraudulent purposes, resulting in financial loss for you. We recommend monitoring your bank statements and reporting any suspicious activity immediately. - Defamation or damage to brand reputation
As a user of the site, you risk the possibility of defamation or damage to your brand's reputation. This can occur if sensitive information is exposed or if incorrect or inaccurate content obtained from this site is shared externally. It is important to be wary of any information received from the site and take measures to protect your brand's image.
User Acknowledgment
Readability and Clarity of Agreement
We have made every effort to ensure that this Terms of Use document is written in clear, concise language and is easy to understand. If you have any questions regarding any part of this agreement, please do not hesitate to contact us at contact@neuralnote.io. It is important that you read and fully understand this agreement before using our platform. By using our platform, you acknowledge that you have read and understood this agreement and agree to be bound by its terms.
Acceptance of Agreement
By creating an account on our Platform, you acknowledge that you have read, understand, and agree to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Platform. Your use of our Platform constitutes your acceptance of these Terms of Use and any future amendments or modifications. You represent and warrant that you have the legal capacity to enter into this agreement and that you will use our platform in accordance with all applicable laws and regulations. We may also monitor your use of the Platform to ensure that you are complying with these Terms of Use. If you breach these Terms of Use, we may revoke your acceptance of these Terms of Use and terminate your account or suspend your access to the Platform.
User Age and Legal Ability
By using our platform, you acknowledge that you are at least 18 years old and have the legal ability to enter into contracts. If you are under 18 years old or do not have the legal ability to enter into contracts, you are not permitted to use our Platform. By accepting this agreement, you represent and warrant that you have the legal ability to enter into this agreement.
Liability
Our Platform is provided on an "as is" and "as available" basis, without any warranties or guarantees of any kind. By agreeing to these Terms of Use, you acknowledge that the use of our platform is at your own risk. We cannot guarantee any material on the Platform will be free from errors, omissions or inaccuracies. We shall not be liable or responsible for any inaccuracies, errors or omissions in the content of the Platform or for any loss or damage of any kind incurred as a result of the use of any content posted or viewed on our Platform. We do not warrant or guarantee the accuracy, timeliness, completeness, or fitness for any particular purpose of the content on this platform. Users should rely on their own judgment when using the Platform and verify the accuracy and reliability of any information obtained from it. We shall not be liable for any damages of any kind arising from the use of our Platform, including but not limited to direct, indirect, incidental, punitive and consequential damages. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if we have been advised of the possibility of such damages.
Changes to Agreement
It is important to note that the Company reserves the right to modify this agreement at any time. We will notify you of any significant changes via email or by posting a notice on our platform. Such changes will be effective and binding upon posting on the Platform, and your continued use of the Platform after any modification to this agreement constitutes your acceptance and agreement to comply with the modified terms and revisions. We highly recommend that you regularly review this Agreement to stay informed of any changes.
Application Ownership
Company Name
The Platform (including neuralnote.io) is owned by the Company (NEURALNOTE FAMILY L.P.). We strive to provide valuable services to our users while maintaining the highest level of quality and security. The Company is responsible for the development, maintenance, and management of this Platform. NEURALNOTE FAMILY L.P. holds full ownership of the application, including all content, features, and functionalities within it. Any unauthorized use or reproduction of this application or its features is strictly prohibited and may result in legal action. If you have any questions or concerns about the Platform please contact us using the information provided in the Contact Informationsection of this document.
Founder Information
The Platform, including neuralnote.io, was created and is owned and maintained by NEURALNOTE FAMILY L.P. (the "Company"). NEURALNOTE FAMILY L.P. holds all rights and interests in the application, including the code, design, and intellectual property. Any attempts to copy, reproduce, or use any aspect of the application without the express permission of the Company may result in legal action.
Copyright Information
The web application, its software, and its data are the property of the Company and are protected by the United States, Canada, and international copyright laws. Unauthorized use, reproduction, modification, or distribution of any content from the web application is strictly prohibited and may result in legal action.
Trademark Information
All trademarks, service marks, logos, and trade names (collectively "Marks") displayed on our Platform or in any of its content are the property of the Company. You agree not to display or use the Marks in any manner without prior written consent from the Company or the owners of the respective Marks. Any unauthorized use of the Marks may violate trademark laws, privacy laws, communication laws, and other relevant laws and regulations.
Scope of Agreement
Types of Content
Generated Content
Users may create content on the Platform, including but not limited to comments, posts, checklists, notes, bookmarks, and feedback. Users may also create AI-generated structured and unstructured posts through our Platform in response to questions, prompts, or actions of the User. The Company acknowledges that such content is the sole responsibility of the User who posted the content. The Company does not endorse or guarantee the accuracy, completeness, reliability, or usefulness of any user-generated or AI-generated content. Users shall not upload, post, transmit, distribute, or otherwise make available any content that is unlawful, vulgar, obscene, or harmful to minors. Users shall not engage in any activity that infringes the rights of the Company or any third-party, including, without limitation, intellectual property rights or privacy rights. The Company reserves the right to remove, edit, or modify any user-generated or AI-generated content that is in violation of this Agreement or is otherwise deemed Prohibited Content by the Company in its sole discretion. In addition, the Company may suspend or terminate a user's account for any violation of this Agreement or for any other reason, in its sole discretion. Users grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any user-generated content in connection with the web application and the Company's business. Users agree to indemnify and hold the Company, its affiliates, officers, directors, agents, and employees harmless from any and all claims, demands, damages, and expenses (including reasonable attorney's fees) arising from any user-generated or AI-generated content that the User creates or causes to generate through the Platform.
Third Party Content
Our platform may contain or link to content that is created, owned, or licensed by third parties. This includes but is not limited to text, images, audio, video, and links to external websites. We do not endorse or control this third party content and are not responsible for its accuracy, completeness, legality, reliability, or any other aspect. You acknowledge and agree that we shall not be held liable for any damages or losses arising from your reliance on third party content. You are solely responsible for evaluating and using third party content at your own risk. We reserve the right to remove or block access to any third party content that violates our Terms of Use or our policies.
Prohibited Content
The following types of content are strictly prohibited on our Platform:
- Content that infringes on or violates the rights of others, including but not limited to intellectual property rights, proprietary rights, privacy rights, and publicity rights of any party. This includes pirated content.
- Content that contains viruses, Trojans, worms, malware, phishing scams, or any type of harmful or destructive software or code
- Content that solicits or promotes any unauthorized commercial activities or spamming
- Content that is harmful, threatening, abusive, harassing, defamatory, or vulgar.
- Content that invades the privacy of other Users or the confidential information of any party without their express consent.
- Content that is sexually explicit or pornographic material, obsence, or illegal.
- Content that promotes or incites violence, hate speech, or terrorism.
- Content that promotes or glorifies illegal drugs or illegal drug use.
- Content that promotes or glorifies self-harm, violence, hate, discrimination, or suicide
- Content that is hateful, derogatory, discriminatory, or abusive towards any individual or group, based on their race, gender, religion, sexual orientation, or any other protected characteristic.
Monitoring and Enforcement
Automatic FiltersOur Platform or our third party service providers may utilize automatic filtering tools to attempt to detect and prevent or flagProhibited Content from being uploaded, posted, generated, or displayed. Such automatic filters are designed to help maintain a safe and positive environment for all users on our Platform. However, such filters may not be perfect and some inappropriate content may slip through and go unnoticed. If you come across any content that violates our policies, please report it to our team immediately (see Contact Information).
Consequences of ViolationAny violation of the Platform's policies or applicable laws may result in immediate termination of the user's account and/or suspension of their access to the Platform, without notice, and the user may be barred from using the Platform in the future. Depending on the severity of the violation, the Platform may also pursue legal action against the user. The Platform reserves the right to remove any content posted by the User that violates the Platform's policies or applicable laws, and to report such content to the appropriate authorities. In severe cases, the Platform may also share the User's personal information with law enforcement agencies or other third parties as required by law or deemed necessary by the Platform. Additionally, the User will be held liable for any damages or legal actions that arise from their violation of the Terms of Use.
Appeals ProcessIf your content has been flagged or removed due to a violation of our policies, you have the right to appeal the decision. To file an appeal, you must submit a detailed explanation of why you believe the content does not violate our policies. We will review the appeal and make a determination within 30 business days. If the appeal is successful, the content will be reinstated. If the appeal is unsuccessful, the original decision will stand. Please note that repeated or severe violations may result in suspension or termination of your account.
Legal ActionIn the event of a serious or repeated violation of our Terms of Use, we reserve the right to take legal action against the offending user. This includes but is not limited to seeking damages, obtaining injunctive relief or other equitable remedies, and pursuing criminal charges where applicable. We also reserve the right to cooperate with law enforcement authorities and third-party service providers in investigating and prosecuting users who violate our Terms of Use. Any legal action taken by us will be carried out in accordance with applicable laws and will not waive any of our other rights or remedies under these Terms of Use or at law. We reserve the right to take any actions necessary to protect our rights and interests, and the rights and interests of other users of the platform.
Intellectual Property
Ownership Rights
Exclusive OwnershipThe Company retains all rights, title, interest in, and exclusive ownership of the Platform and its components, including but not limited to, software, code, graphics, design, and content, except for those components provided by third-party licensors. The User acknowledges that the Company's intellectual property rights, including all patents, trademarks, copyrights, trade secrets, and other intellectual property rights are protected and belong exclusively to the Company. The Company reserves all rights not expressly granted herein, including without limitation, any rights in or to derivative works, modifications, or improvements of the Platform, whether made by the Company or any third party. The User acknowledges that they have no right, title, ownership, or interest in the Company's intellectual property rights.
Reservation of RightsAll rights not expressly granted by the Company are reserved. The User may not copy, modify, reproduce, distribute, create derivatives of, sell or lease any part of the Platform. The User may not reverse engineer or attempt to extract the source code from the Platform or any associated software. The Company reserves the right to modify, suspend, or discontinue any aspect of the Platform at any time, without notice or liability to the User. The Company also reserves the right to impose limits on certain features or services, and to restrict the User's access to parts or all of the Platform, without notice or liability to the User. The Company reserves the right to investigate and prosecute any unauthorized use of the Platform, including intellectual property violations.
No Transfer of OwnershipThe User acknowledges that this Agreement does not transfer any ownership or intellectual property rights of the Company to the User. The User agrees that accessing and using the Platform does not transfer any ownership or proprietary interests to the User. The User agrees to not claim any ownership or interest in the Platform, except as expressly granted in these Terms of Use.
AssignmentThe User acknowledges and agrees that they may not assign or transfer any rights or obligations under these Terms of Use, in whole or in part, to any third party or User without the prior written consent of the Company.
Third-party Intellectual PropertyThe Company respects the intellectual property rights of others and expects the User to do the same. The User acknowledges and agrees that any third-party intellectual property included in the Platform, including but not limited to graphics, images, software, and text, are the property of their respective owners, and may be protected by applicable copyright or other intellectual property laws and treaties. The User acknowledges that any use of third-party intellectual property is solely the responsibility of the User and that the Company is not liable for any infringement or violation of any third-party intellectual property rights.
Reporting ViolationsIf the User believes that any content on the Platform infringes upon any copyright or other intellectual property right, the User must immediately send a written notification of such infringement to the Company (see Contact Information)). The Company will investigate any such claim in accordance with applicable law and take appropriate action if necessary, including but not limited to removing any infringing content from the Platform. We may also terminate the Account of any User who engages in infringing conduct on the intellectual property rights of others.
License
Grant of License
By using our Platform, the User is granted a limited, non-exclusive, non-transferable, revocable license to access and use the content provided by the Platform, for personal or commercial purposes, subject to compliance with the Terms of Use. This license does not grant any ownership rights to the Platform or the Platform's content, or rights to use the content for any other purpose other than what is explicitly allowed by the Terms of Use. Any unauthorized use of the Platform's content will result in the immediate termination of your license.
Attribution
The User acknowledges and agrees that any use of the Platform's content outside of the Platform shall be accompanied by an appropriate attribution to the Platform. The attribution shall include the Platform's name (neuralnote.io). The user shall not remove, obscure or alter any attribution or proprietary rights notice appearing on or in the content. The platform reserves the right to modify or eliminate any attribution requirement at its sole discretion. Failure to properly attribute content from the Platform may result in the termination of your license to use our platform.
Revokable
The License is revokable at any time and at our sole discretion. We may discontinue your use of the License for any reason, including but not limited to your violation of any provision of these Terms of Use. In the event that we terminate your License, you must immediately cease all use of the Platform. We reserve the right to take legal action against you for any harm caused by your use of our Platform or the content within the Platform after the license has been revoked.
Ownership
Any and all intellectual property rights belonging to the User to the content uploaded or created by the User on our Platform shall remain the property of the User. However, by accepting this License, the user grants us a non-exclusive, worldwide, royalty-free, irrevocable, transferable license to use, modify, reproduce, distribute, delete, and display the user's content on and through our Platform. This license remains in effect for 1 year after the User closes their Account. The User acknowledges that we may modify or translate their content for any purpose related to the operation of our Platform. The user shall have the responsibility to ensure that they have the necessary rights to grant us this license and to use, modify, reproduce, distribute, delete, and display their content on and through our Platform without violating the rights of any third party. The License granted to the User under this Agreement does not transfer any ownership rights to the User, and all intellectual property rights belonging to the Company remain the exclusive property of the Company.
Limited Use
The License granted by the Company is limited to the use of the Platform for personal or commercial purposes, subject to certain restrictions. Users may use, reproduce, distribute, and display the content from their Account for personal or commercial purposes, provided that they comply with the terms and conditions of this Agreement. However, Users shall not use the content available on the Platform for any unlawful purpose, or in any way that may infringe the intellectual property rights of the Company or third parties. Additionally, Users shall not use any part of the Platform in a way that suggests that they are associated with or endorsed by the Company. The License granted shall terminate immediately if the User breaches any term of this Agreement.
User Representations
By using the Platform and submitting content, you represent and warrant that:
- You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use any of the content and all intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, patents, and moral rights, in the content you submit or post on the Platform, and that such use by us shall not infringe, misappropriate, or violate any third party rights, including but not limited to intellectual property rights or privacy rights.
- You also agree not to upload or submit any Prohibited Content. You acknowledge and agree that you are solely responsible for any content you upload, submit, or generate on the Platform and that we have no responsibility or liability for such content.
- You have obtained all necessary consents, releases, and authorizations from any individuals or entities that are identifiable, depicted, or involved in the content you submit or post on the Platform, and that such use and posting does not violate any privacy, publicity, or other personal or proprietary rights of any such individuals or entities.
- You will comply with all applicable laws, rules, and regulations that govern the creation, use, and distribution of the content you submit, post, or generate on the Platform, and that such use and posting does not violate any codes of conduct, ethics, or standards that apply to your profession, industry, or community.
Liability
Platform Liability & Limitation of Liability
Our Platform is provided on an "as is" and "as available" basis. We do not guarantee that our Platform will be error-free or uninterrupted. We will not be liable for any damages that result from mistakes, omissions, interruptions, deletion or loss of content, errors, defects, delays in operation or transmission, or any failure of performance that is caused by events beyond our control, such as acts of god, theft, destruction, or unauthorized access to our servers or other systems. To the fullest extent permitted by law, the Company (including its owners, directors, employees, and agents) shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for lost profits, use, data loss, data theft, account breaches, financial loss, goodwill, or other intangible losses, resulting from the use or inability to use the Platform, or in any way connected with the use of the Platform or the content contained therein, even if the Company has been advised of the possibility of such damages. In no event shall the Platform's total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) arising from this Agreement or in any way connected with your use of the Platform exceed the amount paid by you to the Company, if any, for accessing the Platform or using any of its services in the past twelve months.
User Liability
Users are solely responsible and liable for any and all of their actions on the Platform, including but not limited to any content they create, post, upload, transmit, share, or generate through the Platform, along with any interaction with other Users and any breaches of this Agreement. The Company shall not be held responsible for any damages or losses incurred as a result of the User's actions. The User agrees to indemnify and hold the Company, its affiliates, officers, directors, employees, and agents, harmless from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from the User's use of the Platform or any breach of this Agreement or policies applicable to the Platform. The Platform reserves the right to suspend or terminate access to the Platform for any User at the sole discretion of the Company.
Intellectual Property Rights Infringement
If the Platform receives notice of copyright infringement, it may remove or disable access to the allegedly infringing material and/or terminate the User's account. The Platform also reserves the right to remove any user-generated or AI-generated content that it finds to be in violation of intellectual property rights. In cases of repeated infringement, the Platform may terminate the User's account and pursue other legal remedies. Users who believe their intellectual property rights have been violated should follow the procedure outlined in the "Notice of Infringement" section. The Platform is not responsible for any damages resulting from intellectual property infringement arising from the activity of our Users, including the creation of AI-generated content by a User. Users are responsible for ensuring that they have the necessary rights, permissions, and licenses to use any content they upload to the Platform. If you become aware of any infringement or suspected infringement of your intellectual property rights, you must promptly notify the Platform and provide all necessary information and cooperation to assist in the investigation and resolution of any such infringement.
Notice of Infringement
If you believe that any content or material on the Platform violates your intellectual property rights, you may notify us at contact@neuralnote.io. Provide a detailed description of the alleged infringement, and any supporting documents or evidence. Upon receipt of a valid notice of infringement, we will promptly investigate the matter and take appropriate actions, such as removing the infringing content or suspending the User's account. Please note that we may share your complaint with the alleged infringer to give them an opportunity to respond. Also note that filing a false or misleading notice of infringement may result in liability for damages, including attorney's fees and costs, incurred by the accused User or us.
User Agreement
Eligibility
Age Requirement
Users must be at least 18 years old to use the Platform. The Platform reserves the right to request verification of age at any time and may terminate your account if it determines that you do not meet the age requirements.
Legal Compliance
By using our Platform, you represent and warrant that you will comply with all applicable laws and regulations, including those related to online conduct, data privacy, and intellectual property rights. You are solely responsible for ensuring that your use of the Platform is legal in the jurisdiction in which you reside or from which you access the Platform. Any use of the Platform for fraudulent, unauthorized, or illegal purposes is strictly prohibited and may result in the termination of your account, including but not limited to copyright infringement, or transmitting harmful or unauthorized material. You may not access our platform from any country outside of the countries listed under the Geographical Restrictions section, or from any country or jurisdiction where doing so would be illegal or prohibited by law. We reserve the right to report to and cooperate with law enforcement authorities and comply with court orders requesting or directing us to disclose information about Users who violate any law.
Geographical RestrictionsBy accessing or using our Platform, you agree and acknowledge that you are located within and accessing the Platform from either the United States or Canada. Any use of the Platform from locations outside of the United States or Canada is strictly prohibited. We do not guarantee that our Platform is appropriate or available for use in any geographical location or jurisdiction, and we reserve the right to limit or restrict access to the Platform from any location at any time, without notice or liability to you. You are solely responsible for complying with all laws, regulations, and rules applicable to your use of the Platform within your geographical location or jurisdiction.
Account Information RequirementsTo use our Platform and create an account, you agree to provide accurate, complete, and current information about yourself as prompted by the registration form. You also agree to keep this information up-to-date as necessary to maintain its accuracy. Inaccurate or outdated information may result in your inability to access and use our Platform or the termination of your account. You are solely responsible for maintaining the confidentiality and security of your account information, including your username, password, and logged in sessions. You agree not to share your account information or allow anyone else to access your account. In addition, you may not create multiple accounts or use another User's account without their permission. If you suspect any unauthorized access to your account, you must notify us immediately. We reserve the right to refuse or revoke access to our Platform or certain features without notice if we determine that the account information supplied is inaccurate, incomplete, or outdated or if we suspect any unauthorized access, sharing of account information, or misuse of our Platform.
TerminationWe reserve the right to terminate, suspend, or restrict access to, or use of, our Platform and/or services, in whole or in part, to anyone for any reason at any time, without notice, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement, or any applicable law, rule, or regulation. In cases where a User violates our Agreement, their access to the Platform may be terminated immediately without notice. Additionally, we may terminate or restrict access to our Platform if we suspect that a User is using our Platform for illegal or fraudulent purposes or engaging in activities that may harm our Platform or other Users. We may also terminate or suspend accounts due to inactivity or if we believe it is necessary to protect the security and integrity of our Platform and services and in such cases, we will notify the affected users and provide an explanation for the termination or suspension. Users may also terminate their account at any time by following the instructions provided on the Platform. Upon termination, all rights granted to the user under this Agreement will immediately cease. The provisions of this User Agreement that are intended to survive termination, including limitations of liability and indemnity provisions, shall continue to be in full effect.
Usage Policy
Privacy Policy
You agree to our Privacy Policy.
Prohibited Activities
Illegal Activities
You agree not to use the services or engage in any activities on our Platform that are illegal or violate any laws, including but not limited to, committing fraud, copyright or trademark infringement, hacking, cracking, phishing, identity theft, money laundering, distributing malware or viruses, terrorist activities, promoting hate speech, or any other activity that can harm the application or its Users, or engaging in any other activity that promotes or facilitates illegal activities. Any such actions may result in immediate suspension or termination of your account. You are solely responsible for complying with all relevant laws and regulations applicable to your use of the Platform. We reserve the right to report any illegal activities to the relevant authorities and provide any necessary information to assist in any prosecution.
Harrasment and Abuse
You are strictly prohibited from engaging in any form of harassment or abuse towards other Users, Visitors, or Third Parties through the use of our Platform. This includes, but is not limited to, sending or posting harrassing, threatening, hateful, offensive, discriminatory, vulgar, derogatory, or defamatory messages or content. Any behavior that is intended to harass, intimidate, cause emotional distress, or create an intimidating, hostile, or abusive environment to other Users or Visitors of the Platform, or Third Parties, will not be tolerated. If we receive a complaint or become aware of any instance of harassment or abuse, we reserve the right to investigate the matter and take appropriate actions, including but not limited to, suspension or termination of your account. We may also provide necessary information to law enforcement agencies, as well as cooperating with any investigation into such conduct.
Copyright infringement
You agree not to use the Platform to infringe on any copyrights or intellectual property of others. This includes uploading, sharing, reproducing, distributing, generating, or displaying any copyrighted content that belongs to someone else without permission from the owner of the rights. Additionally, you may not attempt to use our Platform to generate content that infringes on any copyrights or intellectual property of others. You must also refrain from posting any content that violates someone else's trademark or other proprietary rights. If we receive a valid notice of copyright infringement, we may remove the infringing content and/or suspend or terminate your account. If you believe someone has infringed on your copyright, please follow our reporting procedures outlined in the Reporting Violations subsubsection of this policy. If you violate this policy, we may terminate your account and take legal action to protect the rights of the copyright owner.
Spamming
You are strictly prohibited from using the Platform's communication channels to send unsolicited messages or emails to our Platform's Users or any other individuals, including but not limited to advertising, marketing, and promotional materials, without the prior consent of the recipients. This includes using our Platform to collect or harvest email addresses or other contact information for the purpose of sending unsolicited emails or messages. We have a zero-tolerance policy towards spamming and take this issue very seriously. Any attempt to use our Platform for spamming purposes may result in immediate account suspension or termination. We reserve the right to take appropriate legal action against any user who engages in spamming or violates this policy.
Prohibited Content
You are strictly prohibited from posting, uploading, creating, and sharing any type of Prohibited Contentusing our Platform. Additionally, you may not request or attempt to cause our Platform to generate such content. We take such violations very seriously and will take appropriate action, including but not limited to suspension or termination of your account, if you engage in such activities.
Impersonation
You are strictly prohibited from impersonating another person or entity, including but not limited to, a Platform User, employee, representative, or any public figure. This includes creating a false identity or misrepresenting yourself in any way. You may not use another User's account without their explicit permission. Facilitating or encouraging impersonation is also strictly prohibited. Any attempt to deceive or mislead other users through impersonation will not be tolerated. Any instances of impersonation may result in immediate suspension or termination of your account and may result in legal action taken against you. Additionally, any illegal activity conducted using impersonation may be reported to the appropriate authorities.
Violation of Privacy
You agree that you will not violate the privacy of other Users or Third Parties while using our Platform. This includes but is not limited to accessing or attempting to access another User's account, personal information or private content without their permission, and monitoring or recording another User's activity on the Platform without their knowledge or consent. You are also prohibited from collecting, sharing, posting, or disseminating another User's sensitive information or Account content without their prior express consent. This includes, but is not limited to, personal identification information, payment information, financial information, medical information, and confidential business information. We take privacy violations very seriously and will take appropriate action against any User found to be engaging in such activities, including account suspension or termination and legal action if necessary.
Security Violations
You agree not to engage in any activity that could potentially compromise the data, security, integrity, stability, or performance of our Platform, or the accounts of its Users. This includes, but is not limited to:
- attempting to gain unauthorized access to our systems, networks, data, or other User accounts
- attempting to intefere with the functioning of our Platform, disrupt our services, or degrade its performance
- attempting to breach, bypass, or violate our security measures
- attempting to use our Platform to distribute viruses, malware or other harmful software
- attempting to hack, modify, tamper with, or damage the Platform or its systems or Third Parties
- attempting to carry out any illegal activities on our Platform
- engaging in Denial of Service attacks or any other activity that may overload or degrade the performance or availability of the Platform
Consequences
Any User found to be in violation of any of the Usage rules stated above may be subject to immediate termination or suspension of their account and of their access to the platform, with or without notice, and may be barred from using the Platform in the future. Depending on the nature and severity of the violation, legal proceedings may be initiated against you. We also reserve the right to report any violation to the relevant authorities or Third Party service providers for further action. The Platform reserves the right to take legal action against any user who engages in conduct that violates this Agreement, and to report illegal activities to law enforcement authorities as may be required by law. The Platform also reserves the right to remove any content that violates this Agreement, without notice and in its sole discretion. The User is solely responsible for all consequences arising from their violation of the Usage rules, and we will not be liable for any damages or losses resulting from such violations. You will remain liable for any damages or losses incurred due to your actions or violations of these Terms.
Intellectual Property
Copyright and Patent Policy
You may not upload, post, request the generation of, or otherwise use any content on the platform that infringes on the copyrights or patents of another party, without the owner's express permission. If you believe that your work has been copied and posted on our Platform in a way that constitutes copyright infringement, you may contact us to file a complaint. We will promptly investigate any reported infringement and take appropriate action, including removing or disabling access to the allegedly infringing material. By using the Platform, you agree to abide by all copyright laws and regulations, including those governing fair use and the Digital Millennium Copyright Act (DMCA). We will terminate a Visitor's or User's access to and use of the Platform if, under appropriate circumstances, the Visitor or User is determined to be a repeat infringer of the copyrights or patents or other intellectual property rights of the Platform or others. We do not endorse, guarantee, or accept liability for any content or activity on the Platform that may infringe upon your patent rights.
Trademark Policy
You agree to not use any trademark, service mark, logos, or other proprietary information ("Marks") of our Platform without our prior written consent. You agree to not use any Marks that are confusingly similar in a way that is likely to cause confusion among consumers, or that dilutes or tarnishes our trademarks or service marks, or in any manner that discredits the Platform. All Marks displayed on the Platform are our property, or the property of other third parties. You agree not to use any of these Marks in any way without the prior written consent of the owner. Any unauthorized use of our Marks may result in legal action.
Reporting Violations
Reporting Mechanism
If you witness or become aware of a violation of our Usage Policy, you can report it to us by contacting us (see Contact Information).
Information required
When reporting a violation, please provide as much information as possible to aid in the investigation. Some helpful information may include the date and time of the incident, the identities of the parties involved, and any relevant screenshots, links, or documentation. Additionally, please provide a brief description of the violation and any supporting evidence.
Confidentiality
We take all reports of violations seriously and will keep your identity confidential to the greatest extent possible. We will only share the reporter's identity and contact information with select employees on a need-to-know basis. However, in some cases, we may be required by law to disclose your identity or other details related to the violation. We will inform you if we need to disclose your identity or details related to the violation, except where prohibited by law. We will limit disclosure to those individuals who need to know in order to investigate and respond to the reported violation. We expect that reporters will also maintain confidentiality and refrain from sharing any information related to the report with anyone outside of the reporting mechanism. Any breach of confidentiality by the reporter will be treated as a violation of this Agreement and may result in suspension or termination of the reporter's account. Further, we may reach out to and discuss specific violations with the reported User, while keeping your identity confidential to the fullest extent possible.
Response Time
We strive to respond to all reported violations as soon as possible. Our response time may vary depending on the nature and complexity of the reported violation. In general, we aim to acknowledge receipt of the report within 7 days and provide a resolution or update on progress within 30 business days. However, the actual response time may be longer or shorter than these estimates. We appreciate your patience and understanding as we work to address any reported violations.
Follow up
You will receive a follow-up message from the Company confirming receipt of your report. If further investigation is necessary, the Company may contact you for additional information. The Company will inform you of the resolution of the matter to the extent permitted by law and in accordance with the Company's Confidentiality policy.
False Reports
You must not make false reports of Prohibited Activities or violations of intellectual property. Making false reports can cause harm to innocent parties or damage to the reputation of the Platform. If you make a false report, it could result in disciplinary action, up to and including account termination or suspension. Please only use the reporting mechanism if you have a legitimate concern about a violation of our Usage Policy or User Agreement.
Protection against Retaliation
You have the right to report any violations without fear of retaliation. We will not take any action against you for reporting a violation in good faith. We will not tolerate any form of retaliation against you for reporting violations or cooperating with an investigation. Please note that we will not tolerate false reports, and we may take disciplinary action against anyone found filing malicious or baseless claims. If you believe that you have been the subject of retaliation for reporting a violation, please contact us immediately (see Contact Information). We take retaliation very seriously and will investigate any such claims thoroughly.
Enforcement
Penalties
Violations of our Platform's Usage Policy may result in one or more penalties at our discretion, including but not limited to warning notifications, suspension or termination of your account with or without notice, withholding or removal of your content, and legal action. The severity of the penalty will depend on the nature and extent of the violation, and may be affected by any prior violations or other factors we deem relevant. We reserve the right to modify or increase penalties depending on the severity or frequency of the violation. The extent of penalties will depend on the severity of the violation, determined by us in our sole discretion.We may also seek damages, including but not limited to, any losses suffered by us as a result of the violation.
Investigation
We reserve the right to investigate any potential violation of this Usage policy. This may include reviewing user-generated content, AI-generated content, third party content, user activity logs, and interviewing involved parties. We may also cooperate with law enforcement or other third parties in the investigation. The length and extent of the investigation will depend on the nature and severity of the reported violation. We will make reasonable efforts to keep the investigation confidential and respect the privacy of users involved, except as necessary to enforce the Usage Policy or comply with legal requirements. We may also take measures to prevent future violations of this policy. During our investigation, we may suspend your account or restrict your access to the Platform where necessary. Please cooperate with us and provide accurate information if we request it during the investigation process.
Appeals
If you receive a penalty or enforcement action on the Platform, you have the right to appeal the decision. Appeals can be submitted by contacting us (see Contact Information) and must clearly state the reasons for the appeal and any relevant information or evidence. The Company will review the appeal and respond within a reasonable time period. Please note that the decision of the Company's appeals process is final and binding.
Repeat Offenders
If you violate our Usage Policy multiple times, you will be considered a "repeat offender.". Repeat offenders may face more severe penalties, such as a permanent ban from our Platform, and legal action. We will keep a record of all violations, and repeated offenses will not be tolerated. We reserve the right to take any legal action necessary to enforce our Usage Policy, and we will do everything possible to protect the rights and safety of our Users
Changes to the Terms of Use
Notification
You will be notified of any changes to the Terms of Use via the email associated with your account or a notification within the Platform. It is your responsibility to check your email and/or the Platform regularly to stay updated on any policy changes. By continuing to use the Platform after the effective date of a policy change, you agree to the updated Terms of Use.
Effective Date
When changes are made to the Terms of Use, the effective date will be clearly stated at the top of its page.
User Acceptance
By continuing to use the Platform after the effective date of an updated Terms of Use, you are indicating your acceptance of the revised policy and accept and agree to abide by its terms. You should review the updated policy regularly to ensure that you continue to agree to its terms. It is your responsibility to review and understand the updated policy. If you do not agree to the new terms, you must stop using the Platform immediately.
Reasons for Update
From time to time, we may need to update our Terms of Use to reflect changes in our business operations, legal requirements, or to improve user experience. We may also revise our policy to address issues that may arise from User feedback or complaints, or to accommodate changes in our service offerings. We will strive to communicate changes to our Terms of Use clearly and transparently, to help ensure that you are aware of any material changes that may affect your use of our Platform.
Legal Disclosure
You acknowledge and agree that we may be required to disclose your personal information or usage data to law enforcement, government agencies, or third-party entities if we believe in good faith that such disclosure is necessary to comply with any applicable law, regulation, legal process, government request, court order, or to protect our property or the safety of our Users. We may also disclose your information if we believe that such disclosure is necessary to protect our rights, property, or safety or that of our users or the public. We will make reasonable efforts to notify you of any such disclosures, unless prohibited by law, regulation, or court order.
Archived Policy
Once we update our Terms of Use, the previous version will be archived and accessible upon request. You can review the archived policy to understand how our Terms of Use has evolved over time. Archived policies will be provided in the form they were at the time of enactment, and we will not make any changes to such policies. These archives are for informative purposes only and are not applicable to your current use of our Platform. If you have any questions or concerns, please contact us directly.
Account Security
Password Requirements
To ensure the security of your account, you need to set up a strong and unique password. Your password must be at least 8 characters long and include a combination of upper and lower case letters, numbers, and symbols. Avoid using easily guessable information like your name, email address, birthdate, or any other personal information in your password. Also, do not reuse the same password across multiple systems. Please keep your password confidential and do not share it with anyone. We recommend changing your password regularly to further enhance your account security. If you believe that your password has been compromised, please change your password immediately.
Device Management
You are responsible for managing the devices that you use to access our Platform. It is recommended that you only access our Platform from devices that you own or have authorized access to. Do not share your device with anyone or use public devices to access your account. You should also ensure that your devices have the latest security updates and virus protection installed. It is your responsibility to ensure that the devices you use to access our Platform are free of malware and viruses. If you lose your device, log in to the Platform from another device you own and go to your user settings, deactivate other login sessions, and change your password. If you suspect that one of your devices has been lost, stolen, or compromised in any way, you should immediately cease using that device to access our Platform and notify us of the problem. We also recommend that you log out of your account when you are finished using our Platform on a shared device, to prevent unauthorized access by others. Failure to comply with the device management guidelines may result in unauthorized access to your account and compromise your data security.
Notification of Unauthorized Access
You agree to promptly notify us if you suspect or become aware of any unauthorized access to or use of your account by contacting us (see Contact Information). This could include login attempts made by an unauthorized third-party or any suspicious activity on your account. We will investigate any such incidents and take appropriate steps to ensure the security of your account. You understand that you are solely responsible for any activity that occurs on your account until you notify us of such unauthorized access. Failure to alert us of any unauthorized access to your account may have serious consequences, including but not limited to, the suspension or termination of your account, loss of confidentiality, unauthorized access to your data, and financial loss.
User Responsibility
As a user of our web application platform, you are responsible for taking appropriate security measures to safeguard your account. This includes creating a strong and unique password, regularly updating your password, properly managing your devices, promptly reporting any unauthorized access to your account, and maintaining the confidentiality of your login credentials. We strongly recommend that you refrain from sharing your login credentials with others or using easily guessable passwords. Remember, your account security is your responsibility.
Data Encryption
As an important measure to protect your personal information, our Platform uses industry-standard encryption technology to secure your data. This means that any information you provide, including your password and personal details, is transmitted using advanced encryption algorithms which make it unreadable to unauthorized parties. The data for your account is stored at rest on drives encrypted using strong encryption. We constantly review and update our encryption methods to ensure a high level of security for your data. However, please note that no system can be completely secure, and we strongly advise you to take all necessary precautions to protect your account from unauthorized access.
Account Recovery
In the event that you forget your password or believe that your account has been compromised, you may initiate the account recovery process by clicking on the 'Forgot Password' link on the login page. You will be prompted to enter your registered email address, and a verification code will be sent to your registered email address to confirm your identity. Once you have verified your identity, you may reset your password and regain access to your account. It is important to choose a strong password that is difficult to guess and unique to your account. In case you are unable to access your registered email or phone number, you may contact us (see Contact Information) for assistance in recovering your account. Note that during the account recovery process, we may ask for additional identity verification or temporarily suspend your account to prevent any unauthorized access until your identity is confirmed.
Indemnification
Definition and Scope
As a user of the Platform, you agree to indemnify, defend and hold harmless the Company and its affiliates, officers, directors, agents, employees, and service providers from any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from directly or indirectly from
- your use of the Platform
- your breach of the terms of this User Agreement
- your violation of any rights of another
- any content uploaded, posted, generated, or displayed on the Platform under your account, or by any other person accessing the Platform using your account
- any negligent or wrongful conduct by you or any other person accessing the Platform using your account
- any violation of applicable laws or regulations by the User
- any third-party claims related to your use of the Platform, or
- related to your use of the Platform or a breach by you of the terms of this Agreement
Notification
In the event that a third-party brings a claim or action against you related to the Platform, you agree to promptly notify us in writing and provide us with a copy of any legal documents related to the claim or action. You understand that timely notification will enable us to take appropriate measures to defend ourselves and mitigate any potential damages. Failure to notify us of any claims or actions in a timely manner may result in a waiver of your indemnification rights under this agreement.
Defense
The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with us in any reasonable way we request in such defense. You agree not to settle any such matter without our prior written consent. The Company reserves the right to select legal counsel for the defense, and you agree to pay all costs and fees associated with the defense. The Company also reserves the right, at our sole discretion, to assume sole control over the defense or settlement of the claim or action of any matter subject to indemnification by you.
Limitations
You acknowledge and agree that the indemnification provided in this subsection is subject to limitations. The indemnification shall be limited to the extent of your involvement in the claim or damages. You shall not be required to indemnify the Platform for any claims or damages caused by the Platform's own negligence or willful misconduct. You agree that our total liability for any claims arising out of or related to your use of the Platform, including any indemnification obligations, will not exceed the amount of fees you have paid in the twelve months preceding the event giving rise to the claim.
Enforcement
If you fail to comply with your obligations under this Indemnification section, including but not limited to the timely notification of claims, providing us with necessary information, or cooperating with our defense, we reserve the right to enforce our rights to indemnification and hold you responsible for any damages, losses, costs, or expenses incurred as a result of your breach. You agree to reimburse us for any damages, losses, costs or expenses we incur as a result of your non-compliance including but not limited to attorneys' fees, court costs, and any other reasonable expenses that may arise. We may seek to be reimbursed through legal action, which may include seeking reimbursement for our costs and attorneys' fees incurred in enforcing our rights. We also reserve the right to suspend, terminate, or restrict your use of the Platform if we believe that you have violated any of these provisions. You acknowledge that these remedies are necessary and reasonable in order to protect our business interests and maintain the integrity of our Platform.
Survival
This section shall survive any termination or expiration of this Agreement and any indemnification obligations you have under this Agreement shall survive the termination or expiration of this Agreement and shall remain in full force and effect thereafter. You acknowledge and agree that your obligations under this Indemnification section shall continue to survive in full force and effect for any claims or liabilities arising out of your use of our Platform prior to termination or expiration of this Agreement, and that these obligations shall continue to be binding upon you and your heirs, executors, administrators, successors, and assigns. You acknowledge and agree that the survival of these terms is necessary for the protection of the Platform and its users, and that they will continue to apply even after you stop using the Platform.
Links to and Content from Third Party Sites and Services
Disclaimer of Responsibility
You understand and acknowledge that our Platform uses third party services and may contain links to third-party websites or resources that are not owned or controlled by us. We do not endorse or assume responsibility over any such third-party sites, content, resources, information, materials, products, or services. We do not endorse or assume responsibility over the availability, content, privacy policies, or practices of any third-party websites, resources, or services linked to from the Platform. Further we do not guarantee the accuracy, completeness, usefulness, or legality of any such content, goods or services available on or through any such third-party sites, services, or resources. You acknowledge that the Platform uses a third party service provider to return AI-generated content for display on the platform in response to your actions. We do not endorse and expressly disclaim any responsibility for the content, accuracy, completeness, usefulness, or legality of any generated content produced, received, stored, and displayed on the Platform from our third party service provider arising from your use of the Platform. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, or of content, goods or services available on or through any third-party sites or resources linked to from the Platform. Your use of third-party websites, resources, and services is solely at your own risk and discretion. We strongly advise you to review the terms and conditions and privacy policies of any third-party website, resource, or service that you visit or use through our Platform before interacting with them.
Prohibited Links
You agree not to post any links to third-party websites, resources, or services that violate our policies, infringe on any third-party rights, promotes illegal activities, or are illegal, or links to Prohibited Content. Examples of prohibited links include, but are not limited to, links to pirated content, malicious websites, and adult content. Please refrain from including any such links on our platform. We reserve the right to remove any Prohibited Links and take appropriate actions, including suspending or terminating your account, if we determine that you have posted Prohibited Links.
User Responsibility
As a user, it is your responsibility to exercise caution when accessing third-party links from our Platform. You should ensure that any link you follow is reliable and safe before accessing it. Furthermore, you should take steps to protect your personal information and computer system when using third-party links. You should carefully review the website's terms of use and privacy policy before providing any personal information or engaging in any transactions. Additionally, you should immediately report any suspicious activity or unsafe links to our team for investigation. By taking these precautions, you can help protect both yourself and our Platform from potential harm. Failure to exercise caution when accessing third-party links could result in harm to you or your computer system, and you agree that we will not be held liable or responsible for any damages that may occur as a result of your actions.
Reporting Unsafe Links
You acknowledge and understand that we cannot control the content of third-party websites, resources, or services and that some links may contain Prohibited Content. If you come across a link that you believe is unsafe or inappropriate, please report it to us immediately by contacting us. We will investigate the link and take appropriate action, which may include removing the link and/or terminating or suspending the user's account who posted the link. Your cooperation in keeping our platform safe is greatly appreciated.
Termination
You understand and agree that we reserve the right to suspend or terminate your use of our Platform if you repeatedly use third-party links that violate our Terms of Use agreement. We reserve the right to investigate any reported violations and take appropriate legal action. We may also suspend or terminate your account if you fail to report unsafe or prohibited links or engage in any behavior that puts our Platform or its users at risk. In the event of termination, you will no longer have access to our Platform, and any content or data you have stored on the Platform may be permanently deleted. You agree that we shall not be liable to you or any third party for any suspension or termination of your access to our Platform or for the deletion of any content or data you have stored on the Platform.
Dispute Resolution
Negotiation
In the event of any dispute or claim arising out of or relating to this Agreement or the use of our Platform, you agree to first contact us and attempt to resolve any dispute or claim informally through good faith negotation with us before pursuing any legal action or arbitration. You agree to send us a written notice describing the nature of the dispute and your proposed resolution to the following email address: contact@neuralnote.io. We will attempt to honor any reasonable request for resolution of a dispute and will make reasonable efforts to work with you to find a solution to the issue at hand prior to initiating any formal legal process. If you and the Company cannot come to a resolution through negotiation, you may proceed with other methods of dispute resolution outlined in this section.
Mediation
If you have a dispute with the Company, we encourage you to first try to resolve the issue by contacting us directly. If the issue cannot be resolved through direct communication, we will attempt to mediate the dispute through Mediation. Mediation is a voluntary, confidential process where both parties work with a neutral third party, called a mediator, to find a mutually agreeable resolution. You and the Company will each choose a mediator and the two chosen mediators will select a third mediator to conduct the mediation. It is your responsibility to participate in good faith in the mediation process and to abide by the mediator's decision. If you refuse to participate in mediation or you or the Company do not comply with the mediator's decision, you and the Company may proceed to arbitration or other forms of dispute resolution.
Arbitration
If negotiation and mediation fail to resolve the dispute, any remaining dispute or claim relating to these terms, the Platform, the Company, or its services will be resolved through binding arbitration rather than in court. The arbitration will be conducted in accordance with the rules of the Canadian Arbitration Association (CAA) and you agree to abide by their rules. The arbitration will take place in Canada, and the language of the arbitration will be English. The cost of arbitration will be shared equally by both parties, unless the arbitrator determines that the allocation of costs is unequal, in which case the arbitrator will allocate the cost of arbitration in a manner that is fair and appropriate under the circumstances. You understand and agree that the arbitrator's decision will be final and binding on both parties and that you waive the right to participate in or commence any class action lawsuit or class-wide arbitration. You understand and agree that any dispute must be brought within one year to arbitration after it arises or it will be barred forever.
Limitation of Liability
You acknowledge and agree that the total liability of the Company and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders, for any and all claims, damages, losses or liabilities arising out of or related to your use of the Platform shall not exceed the amount paid by you, if any, to the Platform for the use of its services within the past twelve months. In no event shall the Platform or its affiliates, successors, assigns, employees, agents, directors, officers or shareholders be liable to you or any third party for any indirect, consequential, special, punitive, or incidental damages or losses (including, without limitation, damages for loss of business, loss of profits or investment, goodwill, use, data, or other intangible losses), whether based on breach of contract, tort (including negligence), product liability, or otherwise, even if they have been advised of the possibility of such damages. The limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Please carefully review this section and consider these limitations of liability before using the Platform.
Governing Law
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions. By using our Platform, you agree to submit to the exclusive jurisdiction, laws, and venue of the courts located in Ontario, Canada, for any such legal action or proceeding. If you have any questions about the governing law that applies to your situation, please consult with a licensed attorney in your jurisdiction.
Forum Selection
If a dispute arises between you and the Company, you agree to submit to the exclusive jurisdiction and venue of the provincial and federal courts located in Ontario, Canada. You agree that any legal action or proceeding against the Company must be initiated and filed solely in a court of competent jurisdiction located within Ontario, Canada. You waive any objection to venue in any such court and jurisidition, based on inconvenient forum or other grounds, and waive objection to personal jurisdiction in such court over you. You further agree that you will not challenge the jurisdiction or venue of such court, and that you waive any right to a jury trial in the event of any legal dispute. Any legal proceedings initiated in violation of this provision will be deemed void and will have no legal effect.
Modification, Termination, Suspension, and Content Removal
Modification
You understand and agree that we may amend this User Agreement at any time, at our sole discretion, by providing you with notice of the amendment via email or through the Platform. The updated version of the Agreement will be effective immediately upon being posted on the Platform, and the notice will specify the effective date of the amendment. You agree to review the Agreement periodically to ensure that you are aware of any changes. By continuing to use our Platform after the modification is made, you are indicating your acceptance of the amended User Agreement. If you do not agree with the amended User Agreement, you must stop using the Platform and deactivate your account.
Termination or Suspension
You understand and agree that we reserve the right to terminate or suspend your account at any time, with or without cause, without prior notice, and without liability to you or any third party. This termination or suspension may also occur if you engage in behavior that, in our judgment, is harmful to the Platform or its users. If we believe that you have violated our User Agreement, or any applicable law, we may take any action we deem necessary to protect our users, our platform, and/or our business interests. Upon termination or suspension, you will not be able to access or use the Platform, and any content you have provided may be deleted at our discretion. You acknowledge and agree that we will not be liable for damages of any kind arising from the termination or suspension of your account on the Platform, including but not limited to direct, indirect, incidental, punitive and consequential damages. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if we have been advised of the possibility of such damages. In no event shall the Platform's total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) arising from the termination or suspension of your account on the Platform exceed the total amount paid by you, if any, to the Company in the past twelve months prior to the termination or suspension of your account. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Content RemovalIf we find that you have posted content that violates our Terms of Use or any applicable laws, regulations, policies, or third party rights, we reserve the right to remove the content, in our sole discretion, without any notification to you. You will not have the option to appeal this decision, and we will not be liable for any damages that may arise as a result of the content removal. It is your responsibility to ensure that any content you post on our platform complies with our Terms of Use and does not infringe upon the rights of any third-party. If you continue to violate our policies, we may suspend or terminate your account or take other actions to enforce our rights.
Data AccessIn the event of termination of your account, you will no longer have access to any data or information that was associated with your account. You understand and agree that the Company may immediately deactivate and delete all related data and files associated with your account. You hereby acknowledge and agree that you have no right or claim to such data or information, and that we have the right to delete or destroy such data or information at any time. You further acknowledge and agree that we have no obligation to provide you with access to such data or information, and that you will not be entitled to any compensation or damages as a result of any loss of data or information.
Effect on Other UsersIn the event of account termination, suspension, or content removal, other Users who have engaged with or rely on your content or account may be impacted. You acknowledge that you will not seek to appeal the decision or otherwise challenge the termination, suspension, or removal of your account or content in a manner that may negatively impact other users or the overall community. You accept that you have no recourse to appeal this decision on behalf of these other users or to seek reinstatement of your account or content for their benefit.
Appeals ProcessIf your account or access to our Platform has been terminated or suspended and you wish to appeal the decision, you must submit a written appeal to our team within 30 days of the termination or suspension (see Contact Information). Your appeal should include the reason for your request, any supporting documentation or evidence, and any other relevant information. We will review your appeal and make a decision within 20 business days of receiving it. Our decision is final and we reserve the right to deny any appeal. If your appeal is granted, your account may be reactivated or your access to our Platform may be restored.
Intellectual Property
Trademarks
Copyrights
Patents
License to Use
Prohibited Use
Waiver of Moral Rights
Indemnification
Liability
Limitations of Liability
In no event shall the Company, its affiliates or associates, or any of their respective directors, officers, employees, agents, contractors, suppliers, or service providers, be liable for any indirect, incidental, punitive, special, or consequential damages arising out of or in connection with you use of the Platform or inability to use our Platform or any content, products, or services provided therein, including but not limited to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data and other intangible losses resulting from the use or inability to use our site or any content, products or services provided on or through the Platform. Our total liability in connection with any claim arising out of or relating to our Platform or any content, product, or service provided therein shall not exceed the amount paid by you to the Company for the use of its services within the past twelve months. These limitations of liability apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, misrepresentation, or otherwise, and regardless of whether our Company has been advised of the possibility of such damages.
No Warranties
The Company makes no representations or warranties, express or implied, with respect to the Platform, its contents, or any products or services offered through the Platform. The Platform and its services are provided on an "as is" and "as available" basis and the Company disclaims all warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, suitability or availability of the Platform or its content, or any products or services offered through the Platform. The Company does not warrant that the Platform will be available at all times or that it will be error-free, uninterrupted, or secure. You agree that your use of the Platform at your own risk.
Third-Party Content
Our Platform may contain or link to content that is created, owned, generated, or licensed by third parties. This includes but is not limited to text, images, audio, video, and links to external websites, resources, or services. We do not endorse or control this third party content and are not responsible for its accuracy, completeness, legality, reliability, or any other aspect. You acknowledge and agree that we shall not be held liable for any damages or losses arising from your reliance on third party content. You are solely responsible for evaluating and using third party content at your own risk. You should be aware that third-party terms and policies may apply to your use of such content, and we encourage you to review the terms of use and privacy policies of any third-party websites or services that you access through our Platform. We reserve the right to remove or block access to any third party content that violates any of our policies. We are not responsible for any damages or losses incurred as a result of your use of third-party content or services.
Severability
Entire Agreement
No Waiver
Contact Information
- Email: contact@neuralnote.io