Last Updated: March 26, 2024
These Terms of Use (“Terms of Use” or “Terms”) govern your use of any website owned or operated by Ingest AI Corp. (“Ingest,” “we” or “us”), including the website currently located at https://www.ingest.ai/ (together with its content, features and functionalities, the “Website”).
YOUR ACCESS TO AND USE OF THE WEBSITE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. If you are accepting or agreeing to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to act on behalf of and bind that entity to the Terms.
Your access to and use of the Website is governed by the terms and conditions of these Terms of Use, our Privacy Policy, currently located at https://www.ingest.ai/privacy, any and all other policies and rules referenced herein, posted on the Website, or otherwise communicated to Website users.
Ingest reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice. If we choose to amend the Terms, we will post the updated version reflecting the applicable “Last Updated:” date, as above. By continuing to use the Website after we have posted an updated version of the Terms, you are affirming that you agree to be bound by the amended Terms.
If you use our proprietary software offering which may be accessed through the Website (the “Ingest Platform”), your use of the Ingest Platform may be subject to and governed by a separate written agreement between you and us (the applicable “Ingest Platform Agreement”). In the event of any conflict between these Terms and such Ingest Platform Agreement, the applicable Ingest Platform Agreement shall control as to your use of the Ingest Platform.
Ingest reserves the right, in its sole discretion, to modify or discontinue offering the Website, or to impose limits on your use of the Website, or any features, functionality or tools thereof, in whole or in part, at any time, for any reason or no reason, with or without notice to you. You agree that Ingest has no obligation to provide any updates or to continue to provide or enable any particular Website features, functionality, tools or content and, to the maximum extent permitted by applicable law, will not be liable with respect to any such modifications, discontinuance or deletions.
To access the Website or some of the resources it offers, you may be asked to provide certain registration information. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website is and shall be correct, current, and complete, and you understand that all such information is and shall be governed by our Privacy Policy.
You are not authorized to access or use the Website if you are under 18; if you reside outside of the United States or any of its territories; if you are a person barred from receiving services under the laws of the United States or other applicable jurisdiction; or for any other purposes that are not expressly permitted by the Terms or which violate applicable law.
Further, you may not:
Ingest reserves the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law, and to monitor and/or disable access to or use of the Website by any user.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, including if, in our opinion, you have violated any provision of these Terms of Use.
The Website is protected by copyright, trademark, patent and other laws of the applicable jurisdiction and throughout the world. You acknowledge and agree that the Website, and all intellectual property rights therein, are the exclusive property of Ingest and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Website, and you may not use the trade names, logos, and other trademarks and service marks associated with Ingest without our prior written consent.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality or tools of, the Website in any form or by any means, or sublicense the rights granted in the Terms.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ingest or its licensors, except for the revocable licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved to Ingest and its licensors.
If you choose to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Website (“Feedback”), you acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Ingest. You hereby irrevocably transfer and assign to Ingest all of your right, title, and interest in and to, and waive any moral rights you may have in, all such Feedback.
The Website may provide links to third-party websites, resources or services. Links to such websites, resources or services do not imply any endorsement by Ingest of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services. We are not responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, INGEST EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT ACCESSING AND USING THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AND HEREBY RELEASE INGEST AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING. WITHOUT LIMITING THE FOREGOING, INGEST DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE. IN NO EVENT WILL INGEST BE LIABLE FOR ANY (A) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR (B) DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INGEST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, INGEST’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO TEN U.S. DOLLARS (US$10).
To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold Ingest and its affiliates, licensors and service providers harmless from and against any claims, liabilities, damages, losses, costs and expenses, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with your access to or use of the Website, your breach of the Terms, or your gross negligence or willful misconduct.
These Terms shall be governed by and interpreted in accordance with the laws of Delaware without regard to conflict of law principles. All disputes, claims, controversies and matters relating to or in connection with the Terms (or the breach thereof) shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), 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 Phoenix, AZ before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.
These Terms constitute the entire and exclusive understanding and agreement between you and Ingest regarding your access to and use of the Website and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and Ingest and regarding the subject matter hereof.
You may not assign, transfer, delegate, subcontract or sublicense any of your rights or obligations under the Terms. Any attempted assignment, transfer, delegation, subcontracting or sublicense without the foregoing consent will be null and void. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms. Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of the Terms shall survive such expiration or termination. Our failure to exercise any right or enforce any obligation under the Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. If an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect. The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof. Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.
Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:
Complaints regarding the Website or requests to receive further information regarding use of the Website may be sent to support@ingest.ai or Ingest 1320 Magazine St Suite 201 New Orleans, LA 70130.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.
If you have any questions or concerns, please contact Ingest at support@ingest.ai.
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