Terms of Service – AI-Gorilla

Welcome to http://www.ai-gorilla.com (together with any related websites, the “Site”). The Site is owned and operated by AI-Gorilla (“AI-Gorilla”). Please read these Terms of Service (“Terms”) carefully before using the Site. By accessing or using the Site or any of the content on the Site you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Site or any of its Content (defined below). You represent to AI-Gorilla that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent. You and AI-Gorilla are collectively referred to as the “Parties” and each is a “Party.”

1. Subscription Agreement

These Terms do not govern the use of the digital customer loyalty program service as well as other services (the “Service”) operated by AI-Gorilla. If you are accessing or using the Service, then you are subject to AI-Gorilla’s Subscription Agreement (currently available at https:///subscription-agreement, or such other written contract as may be separately agreed and signed between you and AI-Gorilla).

2. AI-Gorilla Content

The Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, “Content”) of AI-Gorilla or its licensors (“AI-Gorilla Content”). The Site (including the AI-Gorilla Content) is protected by copyright, trademark, trade secret and other laws; and as between you and AI-Gorilla, AI-Gorilla owns and retains all rights in the Site and the AI-Gorilla Content.

AI-Gorilla hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the AI-Gorilla Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by AI-Gorilla in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any AI-Gorilla Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the AI-Gorilla Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the AI-Gorilla Content.

3. Trademarks

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of AI-Gorilla or other third parties. You are not permitted to use these Marks without the prior written consent of AI-Gorilla or such third party.

4. Third-Party Services

The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third-Party Services”), and such third parties may use other third parties to provide portions of the Third-Party Service to you, such as technology, development or payment services.

When you access or use a Third-Party Service, you are interacting with the applicable third party, not with AI-Gorilla, and you do so at your own risk. AI-Gorilla is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Site does not imply approval or endorsement of such Third-Party Service. AI-Gorilla is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Site.

5. Privacy

Please review AI-Gorilla’s Privacy Policy for the Site (“Privacy Policy”), available at https:///privacy-policy, to learn about AI-Gorilla’s information collection, usage and disclosure practices with respect to information collected by AI-Gorilla through the Site.

6. Acceptable Use

Your use of the Site is subject to AI-Gorilla’s Acceptable Use Policy available at https:///acceptable-use-policy. AI-Gorilla is not responsible or liable for any user Content or conduct on the Site. If you become aware of any misuse of the Site, please report such misuse immediately to AI-Gorilla at [email protected].

7. Compliance with Laws

You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Site (“Applicable Laws”).

Without limiting the foregoing, you represent that, in connection with your performance under these Terms, you shall:
(a) comply with Applicable Laws relating to anti-bribery and anti-corruption, which may include the US Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010;
(b) comply with Applicable Laws administered by the U.S. Commerce Bureau of Industry and Security, U.S. Treasury Office of Foreign Assets Control or other governmental entity imposing export controls and trade sanctions (“Export Laws”), including designating countries, entities and persons (“Sanctions Targets”); and
(c) not directly or indirectly export, re-export or otherwise deliver any AI-Gorilla software, content or services to a Sanctions Target, or broker, finance or otherwise facilitate any transaction in violation of any Export Laws.

You represent that you are not a Sanctions Target or prohibited from receiving AI-Gorilla software, content or services pursuant to these Terms under Applicable Laws, including Export Laws.

8. Global Availability

AI-Gorilla controls the Site from Oceanside, San Diego, CA offices. If you use this website from other locations, you are responsible for compliance with local Applicable Laws. AI-Gorilla makes no representation that the products and services referenced herein are appropriate, or available, worldwide.

9. Indemnity

You agree to defend, indemnify and hold harmless AI-Gorilla, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys’ fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site, breach of these Terms, violation of law, or any Content that you post, upload or cause to interface with the Site, or otherwise transfer, process, use or store in connection with the Site.

10. Disclaimers

THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY AI-GORILLA ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

AI-GORILLA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION, (ii) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER AI-GORILLA’S CONTROL.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
(a) IN NO EVENT SHALL AI-GORILLA, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES; AND
(b) IN NO EVENT SHALL AI-GORILLA’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED U.S. DOLLARS.

12. Responsibility for End Users

You are responsible for violations of these Terms by anyone using the Site with your permission or using your account on an unauthorized basis.

13. Termination and Monitoring

13.1. If you violate these Terms, AI-Gorilla may suspend or terminate your use of the Site.
13.2. AI-Gorilla reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site. AI-Gorilla may report activity that violates law to appropriate authorities.

14. Electronic Communications

When you visit the Site or send emails to AI-Gorilla, you are communicating with AI-Gorilla electronically; and you consent to receive communications from AI-Gorilla electronically.

15. Modifications

AI-Gorilla may modify these Terms at any time by posting a revised version on the Site. By accessing the Site, you agree to the latest version of these Terms.

16. Governing Law

This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Delaware, without reference to its choice of law principles. Any legal action or proceeding shall be brought exclusively in the state or federal courts located in New Castle County, Delaware.

17. Miscellaneous

These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, relating to the subject matter. Nothing herein creates a partnership, joint venture, or employment relationship.

18. Contact

Please contact AI-Gorilla at [email protected] with any questions regarding these Terms.