Last updated: August 05, 2024
Please read these terms and conditions carefully before using Our
Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings
defined under the following conditions. The following definitions
shall have the same meaning regardless of whether they appear in
singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
-
Affiliate means an entity that controls, is controlled by or
is under common control with a party, where
"control" means ownership of 50% or more of the
shares, equity interest or other securities entitled to vote
for election of directors or other managing authority.
-
Account means a unique account created for You to access our
Service or parts of our Service.
- Country refers to: Michigan, United States
-
Company (referred to as either "the Company",
"We", "Us" or "Our" in this
Agreement) refers to Initium AI Inc., 245 Hunters Trail, Ann
Arbor, MI, 48103.
-
Content refers to content such as text, images, or other
information that can be posted, uploaded, linked to or
otherwise made available by You, regardless of the form of
that content.
-
Device means any device that can access the Service such as a
computer, a cellphone or a digital tablet.
-
Feedback means feedback, innovations or suggestions sent by
You regarding the attributes, performance or features of our
Service.
-
Free Trial refers to a limited period of time that may be free
when purchasing a Subscription.
-
Goods refer to the items offered for sale on the Service.
- Orders mean a request by You to purchase Goods from Us.
- Service refers to the Website.
-
Subscriptions refer to the services or access to the Service
offered on a subscription basis by the Company to You.
-
Terms and Conditions (also referred as "Terms") mean
these Terms and Conditions that form the entire agreement
between You and the Company regarding the use of the Service.
-
Third-party Social Media Service means any services or content
(including data, information, products or services) provided
by a third-party that may be displayed, included or made
available by the Service.
-
Website refers to Initium AI, accessible from
https://www.initium.ai
-
You means the individual accessing or using the Service, or
the company, or other legal entity on behalf of which such
individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service
and the agreement that operates between You and the Company. These
Terms and Conditions set out the rights and obligations of all users
regarding the use of the Service.
Your access to and use of the Service is conditioned on Your
acceptance of and compliance with these Terms and Conditions. These
Terms and Conditions apply to all visitors, users and others who
access or use the Service.
By accessing or using the Service You agree to be bound by these
Terms and Conditions. If You disagree with any part of these Terms
and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not
permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your
acceptance of and compliance with the Privacy Policy of the Company.
Our Privacy Policy describes Our policies and procedures on the
collection, use and disclosure of Your personal information when You
use the Application or the Website and tells You about Your privacy
rights and how the law protects You. Please read Our Privacy Policy
carefully before using Our Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that
You are legally capable of entering into binding contracts.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time
for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an
unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with
these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions.
Please read our Returns Policy to learn more about your right to
cancel Your Order.
Your right to cancel an Order only applies to Goods that are
returned in the same condition as You received them. You should
also include all of the products instructions, documents and
wrappings. Goods that are damaged or not in the same condition
as You received them or which are worn simply beyond opening the
original packaging will not be refunded. You should therefore
take reasonable care of the purchased Goods while they are in
Your possession.
We will reimburse You no later than 14 days from the day on
which We receive the returned Goods. We will use the same means
of payment as You used for the Order, and You will not incur any
fees for such reimbursement.
You will not have any right to cancel an Order for the supply of
any of the following Goods:
-
The supply of Goods made to Your specifications or clearly
personalized.
-
The supply of Goods which according to their nature are not
suitable to be returned, deteriorate rapidly or where the
date of expiry is over.
-
The supply of Goods which are not suitable for return due to
health protection or hygiene reasons and were unsealed after
delivery.
-
The supply of Goods which are, after delivery, according to
their nature, inseparably mixed with other items.
-
The supply of digital content which is not supplied on a
tangible medium if the performance has begun with Your prior
express consent and You have acknowledged Your loss of
cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service.
The Goods available on Our Service may be mispriced, described
inaccurately, or unavailable, and We may experience delays in
updating information regarding our Goods on the Service and in Our
advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any
information, including prices, product images, specifications,
availability, and services. We reserve the right to change or
update information and to correct errors, inaccuracies, or
omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise its prices at any time
prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to
accepting an Order in the event of any occurrence affecting
delivery caused by government action, variation in customs duties,
increased shipping charges, higher foreign exchange costs and any
other matter beyond the control of the Company. In that event, You
will have the right to cancel Your Order.
Payments
All Goods purchased are subject to a one-time payment. Payment can
be made through various payment methods we have available, such as
Visa, MasterCard, Affinity Card, American Express cards or online
payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to
validation checks and authorization by Your card issuer. If we do
not receive the required authorization, We will not be liable for
any delay or non-delivery of Your Order.
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a
paid Subscription. You will be billed in advance on a recurring
and periodic basis (such as daily, weekly, monthly or annually),
depending on the type of Subscription plan you select when
purchasing the Subscription.
At the end of each period, Your Subscription will automatically
renew under the exact same conditions unless You cancel it or the
Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your
Account settings page or by contacting the Company. You will not
receive a refund for the fees You already paid for Your current
Subscription period and You will be able to access the Service
until the end of Your current Subscription period.
Billing
You shall provide the Company with accurate and complete billing
information including full name, address, state, zip code,
telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company
will issue an electronic invoice indicating that you must proceed
manually, within a certain deadline date, with the full payment
corresponding to the billing period as indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify
the Subscription fees. Any Subscription fee change will become
effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any
change in Subscription fees to give You an opportunity to
terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee
change comes into effect constitutes Your agreement to pay the
modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are
non-refundable.
Certain refund requests for Subscriptions may be considered by the
Company on a case-by-case basis and granted at the sole discretion
of the Company.
Free Trial
The Company may, at its sole discretion, offer a Subscription with
a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to
sign up for the Free Trial.
If You do enter Your billing information when signing up for a
Free Trial, You will not be charged by the Company until the Free
Trial has expired. On the last day of the Free Trial period,
unless You cancelled Your Subscription, You will be automatically
charged the applicable Subscription fees for the type of
Subscription You have selected.
At any time and without notice, the Company reserves the right to
(i) modify the terms and conditions of the Free Trial offer, or
(ii) cancel such Free Trial offer.
User Accounts
When You create an account with Us, You must provide Us information
that is accurate, complete, and current at all times. Failure to do
so constitutes a breach of the Terms, which may result in immediate
termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to
access the Service and for any activities or actions under Your
password, whether Your password is with Our Service or a Third-Party
Social Media Service.
You agree not to disclose Your password to any third party. You must
notify Us immediately upon becoming aware of any breach of security
or unauthorized use of Your account.
You may not use as a username the name of another person or entity
or that is not lawfully available for use, a name or trademark that
is subject to any rights of another person or entity other than You
without appropriate authorization, or a name that is otherwise
offensive, vulgar or obscene.
Content
Your Right to Post Content
Our Service allows You to post Content. You are responsible for
the Content that You post to the Service, including its legality,
reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and
license to use, modify, publicly perform, publicly display,
reproduce, and distribute such Content on and through the Service.
You retain any and all of Your rights to any Content You submit,
post or display on or through the Service and You are responsible
for protecting those rights. You agree that this license includes
the right for Us to make Your Content available to other users of
the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own
it) or You have the right to use it and grant Us the rights and
license as provided in these Terms, and (ii) the posting of Your
Content on or through the Service does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other
rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service's
users. You expressly understand and agree that You are solely
responsible for the Content and for all activity that occurs under
your account, whether done so by You or any third person using
Your account.
You may not transmit any Content that is unlawful, offensive,
upsetting, intended to disgust, threatening, libelous, defamatory,
obscene or otherwise objectionable. Examples of such objectionable
Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
-
Defamatory, discriminatory, or mean-spirited content,
including references or commentary about religion, race,
sexual orientation, gender, national/ethnic origin, or other
targeted groups.
-
Spam, machine – or randomly – generated, constituting
unauthorized or unsolicited advertising, chain letters, any
other form of unauthorized solicitation, or any form of
lottery or gambling.
-
Containing or installing any viruses, worms, malware, trojan
horses, or other content that is designed or intended to
disrupt, damage, or limit the functioning of any software,
hardware or telecommunications equipment or to damage or
obtain unauthorized access to any data or other information of
a third person.
-
Infringing on any proprietary rights of any party, including
patent, trademark, trade secret, copyright, right of publicity
or other rights.
-
Impersonating any person or entity including the Company and
its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its
sole discretion, determine whether or not any Content is
appropriate and complies with this Terms, refuse or remove this
Content. The Company further reserves the right to make formatting
and edits and change the manner of any Content. The Company can
also limit or revoke the use of the Service if You post such
objectionable Content. As the Company cannot control all content
posted by users and/or third parties on the Service, you agree to
use the Service at your own risk. You understand that by using the
Service You may be exposed to content that You may find offensive,
indecent, incorrect or objectionable, and You agree that under no
circumstances will the Company be liable in any way for any
content, including any errors or omissions in any content, or any
loss or damage of any kind incurred as a result of your use of any
content.
Content Backups
Although regular backups of Content are performed, the Company
does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without
limitation, Content that is corrupted prior to being backed up or
that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any
known or discovered issues that may affect the backups of Content.
But You acknowledge that the Company has no liability related to
the integrity of Content or the failure to successfully restore
Content to a usable state.
You agree to maintain a complete and accurate copy of any Content
in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our
policy to respond to any claim that Content posted on the Service
infringes a copyright or other intellectual property infringement
of any person.
If You are a copyright owner, or authorized on behalf of one, and
You believe that the copyrighted work has been copied in a way
that constitutes copyright infringement that is taking place
through the Service, You must submit Your notice in writing to the
attention of our copyright agent via email at
contact@initium.ai
and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and
attorneys' fees) for misrepresenting that any Content is
infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium
Copyright Act (DMCA) by providing our Copyright Agent with the
following information in writing (see 17 U.S.C 512(c)(3) for
further detail):
-
An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright's interest.
-
A description of the copyrighted work that You claim has been
infringed, including the URL (i.e., web page address) of the
location where the copyrighted work exists or a copy of the
copyrighted work.
-
Identification of the URL or other specific location on the
Service where the material that You claim is infringing is
located.
- Your address, telephone number, and email address.
-
A statement by You that You have a good faith belief that the
disputed use is not authorized by the copyright owner, its
agent, or the law.
-
A statement by You, made under penalty of perjury, that the
above information in Your notice is accurate and that You are
the copyright owner or authorized to act on the copyright
owner's behalf.
You can contact our copyright agent via email at
contact@initium.ai
. Upon receipt of a notification, the Company will take whatever action,
in its sole discretion, it deems appropriate, including removal of
the challenged content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by
You or other users), features and functionality are and will remain
the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of
both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with
any product or service without the prior written consent of the
Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You
provide the Company. If for any reason such assignment is
ineffective, You agree to grant the Company a non-exclusive,
perpetual, irrevocable, royalty free, worldwide right and license to
use, reproduce, disclose, sub-license, distribute, modify and
exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services
that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for,
the content, privacy policies, or practices of any third party web
sites or services. You further acknowledge and agree that the
Company 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 the use of or reliance on any such content, goods or
services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy
policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior
notice or liability, for any reason whatsoever, including without
limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease
immediately. If You wish to terminate Your Account, You may simply
discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire
liability of the Company and any of its suppliers under any
provision of this Terms and Your exclusive remedy for all of the
foregoing shall be limited to the amount actually paid by You
through the Service or 100 USD if You haven't purchased anything
through the Service.
To the maximum extent permitted by applicable law, in no event shall
the Company or its suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, but not
limited to, damages for loss of profits, loss of data or other
information, for business interruption, for personal injury, loss of
privacy arising out of or in any way related to the use of or
inability to use the Service, third-party software and/or third-
party hardware used with the Service, or otherwise in connection
with any provision of this Terms), even if the Company or any
supplier has been advised of the possibility of such damages and
even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or
limitation of liability for incidental or consequential damages,
which means that some of the above limitations may not apply. In
these states, each party's liability will be limited to the greatest
extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS
AVAILABLE" and with all faults and defects without warranty of
any kind. To the maximum extent permitted under applicable law, the
Company, on its own behalf and on behalf of its Affiliates and its
and their respective licensors and service providers, expressly
disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied
warranties of merchantability, fitness for a particular purpose,
title and non-infringement, and warranties that may arise out of
course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, the Company provides no
warranty or undertaking, and makes no representation of any kind
that the Service will meet Your requirements, achieve any intended
results, be compatible or work with any other software,
applications, systems or services, operate without interruption,
meet any performance or reliability standards or be error free or
that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the
company's provider makes any representation or warranty of any kind,
express or implied: (i) as to the operation or availability of the
Service, or the information, content, and materials or products
included thereon; (ii) that the Service will be uninterrupted or
error-free; (iii) as to the accuracy, reliability, or currency of
any information or content provided through the Service; or (iv)
that the Service, its servers, the content, or e-mails sent from or
on behalf of the Company are free of viruses, scripts, trojan
horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of
warranties or limitations on applicable statutory rights of a
consumer, so some or all of the above exclusions and limitations may
not apply to You. But in such a case the exclusions and limitations
set forth in this section shall be applied to the greatest extent
enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall
govern this Terms and Your use of the Service. Your use of the
Application may also be subject to other local, state, national, or
international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to
first try to resolve the dispute informally by contacting the
Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any
mandatory provisions of the law of the country in which you are
resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a
"Commercial Item" as that term is defined at 48 C.F.R.
§2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country
that is subject to the United States government embargo, or that has
been designated by the United States government as a "terrorist
supporting" country, and (ii) You are not listed on any United
States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or
invalid, such provision will be changed and interpreted to
accomplish the objectives of such provision to the greatest extent
possible under applicable law and the remaining provisions will
continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to
require performance of an obligation under these Terms shall not
effect a party's ability to exercise such right or require such
performance at any time thereafter nor shall the waiver of a
breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made
them available to You on our Service. You agree that the original
English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace
these Terms at any time. If a revision is material We will make
reasonable efforts to provide at least 30 days' notice prior to any
new terms taking effect. What constitutes a material change will be
determined at Our sole discretion.
By continuing to access or use Our Service after those revisions
become effective, You agree to be bound by the revised terms. If You
do not agree to the new terms, in whole or in part, please stop
using the website and the Service.