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Effective Date: January 1, 2024

These Terms of Use apply when you use the products and services of AITrailblazer, LLC ("we", "us" or “our”) including our software applications, mobile apps, application programming interfaces, associated software, tools, data and documentation (collectively, the “Products”).

1. Registration and Access
To use our products, you must be at least 18 years old. If you use our products on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

If an account is required to use the Products, you must provide accurate and complete information during the registration process. You may not make your access credentials or account available to others, and you are responsible for all activities that occur using your credentials.

2. Use of Products
We grant you a non-exclusive right to use our Products in accordance with these Terms. You must comply with these Terms and all relevant laws when using our Products. AITrailblazer retains all rights, title, and interest in the Products.

3. Feedback
We appreciate feedback, comments, ideas, proposals and suggestions for improvements. We reserve the right to use that information without limitation or compensation to you.

4. Restrictions
You may not (i) use the Products in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Products (except to the extent such restrictions are contrary to applicable law); (iii) use any method to extract data from the Products, including web scraping, web harvesting, or web data extraction methods, other than as permitted through the API; (iv) buy, sell, or transfer API keys without our prior consent. You will comply with any rate limits and other requirements in our documentation.

5. Third Party Products and Services
Any third-party software, services, or other products that you may use in conjunction with our products are governed by their own terms and conditions. We are not liable for any issues arising from the use of these third-party products services. The providers of these services may require the creation of an account and acceptance of additional terms. You are solely responsible for adhering to any terms and conditions pertaining to your access and use of these third-party services, including when accessed through our Products.

3. Content
You may submit content, information, and data (referred to collectively as "Content") to our Products. As permitted by applicable laws, you retain ownership of all Content you submit, including any input provided and output generated by the Products. It is your responsibility to ensure that your Content does not violate any laws or our Terms of Use.

4. Fees and Payments
(a) Fees. We use Microsoft integrated payment systems, completely secure, PCI compliant and SSL enabled. You will be responsible for paying all fees associated with your account (referred to as "Fees") as outlined in our pricing and terms. You authorize our third-party payment processor to charge your designated payment method for these Fees.

(b) Price Changes. We may change our prices by posting the new prices on our website. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.

(c) Subscription Cancelation and Refund Policy
You can cancel your subscription at any time. If you choose to cancel, your subscription will not end immediately and you will continue to have access to the add-on until the current billing cycle ends. After the end of the current billing cycle, you won't be charged future subscription fees.

We do not offer refunds. Past subscription fees won't be refunded.

5. Term and Termination
(a) Termination. These terms take effect as soon as you begin using our products and remain in effect until terminated. You can end these terms at any time, for any reason, by unsubscribing and ceasing use of our products. We reserve the right to terminate these terms at any time, with or without prior notice, for any reason. In the event of changes to our business or disruptions in our relationships with third-party technology providers beyond our control, we may terminate these terms immediately. Furthermore, we may end these terms in compliance with any laws or government requests.

(b) Effect on Termination. Upon termination, you will not be entitled to receive any refund, credit, or other form of compensation from AITrailblazer under these terms or the terms from any third party.

7. Indemnification; Disclaimer of Warranties; Limitations on Liability
(a) Indemnity. You will be responsible for defending, indemnifying, and holding harmless AITrailblazer, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorney's fees) arising from or relating to your use of our Products, including your content, products, or services you develop or offer in connection with our products, and any breach of these Terms or violation of applicable law.

(b) Disclaimer. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE PRODUCTS, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

(c) Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. General Terms
(a) These Terms do not create a partnership, joint venture or agency relationship between you and AITrailblazer or any of AITrailblazer’s affiliates.

(b) We may transfer these terms as part of a merger, acquisition, sale of all or a substantial portion of our assets, or as part of a corporate reorganization, or to any of our affiliate.

(c) We reserve the right to make changes to these terms by posting a revised version on our website or by providing you with notice. By continuing to use our products after any changes have been made, you are indicating your agreement to such changes.

(d) If you fail to comply with these terms, and AITrailblazer does not take immediate action, it does not constitute a waiver of our rights. Any provision of these terms found to be invalid or unenforceable by a court of competent jurisdiction will be enforced to the maximum extent permitted by law, and will not affect the validity of any other terms.

(e) The Products may not be exported or used in embargoed countries or by individuals on restricted party lists as designated by the U.S. government. You must comply with all laws related to embargoed countries and restricted party lists and must ensure that your end users are not located in or on such lists.

(f) You agree that if you breach or violate these terms, it could result in irreparable harm to AITrailblazer and its affiliates, and AITrailblazer reserves the right to seek an injunction against you in addition to any other legal remedies.

(g) These terms and any related policies comprise the entire agreement between you and AITrailblazer regarding the use of our Products. These terms supersede any prior or contemporaneous agreements, communications, or understandings between you and AITrailblazer on this subject, except for any specific terms of use for individual products or any applicable enterprise agreements.

(h) These terms will be governed by the laws of the State of California, without regard to its conflicts of law provisions. Any claims arising from or relating to these terms will be brought exclusively in the state courts of Orange County, California, USA, and you and AITrailblazer each agree to the personal jurisdiction of those courts.

Other company names and products mentioned herein may be trademarks and/or service marks of their respective owners.

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