These Terms of Service (the “Terms”) form a binding agreement between you, in your individual capacity, and Invisible AI, Inc., a Delaware corporation (“Invisible”), and govern your access to and use of the website operated by Invisible AI at www.invisible.ai (the “Website”).
1. Acceptance of Terms. By accessing and using the Website, or clicking “I accept” when presented with these Terms, you agree to be bound by these Terms. You represent and warrant that (i) you have read, understand, and agree to be bound by these Terms, and (ii) you are at least 18 years of age. If you do not wish to be bound by these Terms, you may not access or use the Website. The Website is not designed for users under the age of 18, and if you are younger than 18 you may not use the Website. You acknowledge and agree that your access to the Website may be revoked by Invisible at any time.
2. Acceptable Use.
2.1 You acknowledge and agree that at all times in your use of the Website you will: (i) comply with these Terms; (ii) comply with all applicable law, rules and regulations; (iii) upload to the Website only information to which you own all required rights under law and under contractual and fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv) keep any applicable passwords and other login information confidential; (v) monitor and control all activity conducted through your account in connection with the Website; (vii) promptly notify Invisible if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your accounts or teams, including any loss, theft, or unauthorized disclosure or use of a username, password, or account; and (viii) comply in all respects with all applicable terms of the third party applications.
2.2 You acknowledge and agree that at all times in your use of the Website you will not: (i) permit any third party to access or use your username or password for the Website; (ii) use the Website to store or transmit any material that may infringe upon or misappropriate someone else's trademark, copyright, or other intellectual property, or that may be tortious or unlawful; (iii) upload to, or transmit from, the Website any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or a technology that unlawfully accesses or downloads content or information stored within the Website or on the systems of Invisible or any third party; (iv) attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Website (including any mechanism used to restrict or control the functionality of the Website) or any other Invisible systems; (v) attempt to gain unauthorized access to the Website or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Website; (vi) access the Website in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Website; (vii) use the Website in any manner that may harm minors or that interacts with or targets people under the age of eighteen; (viii) engage in activity that incites or encourages violence or hatred against individuals or groups; (ix) impersonate any person or entity, including, but not limited to, an employee of Invisible or another user of the Website, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity; (x) use the Website to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or other laws and regulations concerning national security, defense or terrorism; (xi) access, search, or create accounts for the Website by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk); (xii) send unsolicited communications, promotions or advertisements, or spam; (xiv) use contact or other user information obtained from the Website (including email addresses) to contact users outside of the Website without their express permission or authority or to create or distribute mailing lists or other collections of contact or user profile information for use outside of the Website; or (xv) authorize, permit, enable, induce or encourage any third party to do any of the above.
3. Suspension of Access. Invisible may suspend your access to the Website if Invisible reasonably determines that: (a) your use of the Website disrupts or creates a security risk to the Website or other Invisible systems; or (b) you are using the Website in violation of any applicable law or regulation or these Terms. In the event of any suspension pursuant to this section, Invisible will use commercially reasonable efforts to provide you written notice thereof, and to restore access to the Website as promptly as reasonably practicable.
4. Intellectual Property Rights & Restrictions. Invisible shall retain all intellectual property rights in the Website, including any and all derivatives, changes and improvements thereto, and you agree that you obtain no intellectual property rights or licenses by these Terms.
5. Limitation of Liability.
5.1 Exclusion of Damages. IN NO EVENT WILL INVISIBLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 Maximum Aggregate Liability. INVISIBLE’S MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED $100.
5.3 Acknowledgement. THE LIABILITIES LIMITED BY THIS SECTION 5 APPLY: (A) TO LIABILITY FOR NEGLIGENCE; (B) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (C) EVEN IF A PARTY IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (D) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE PROVISIONS OF THIS SECTION 5, INVISIBLE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE BY SUCH LAW.
6. Changes to the Terms. These Terms are subject to occasional revision. We will notify you of any changes to our Terms by posting the new Terms on the Website and updating the “Last Updated” date below. We will also notify you of material changes by sending an email to the email address you have provided to us. Changes to these Terms will be effective thirty calendar days following notification of such change, but for new users entering into these Terms after the new “Last Updated” date, these changes will be effective immediately. Continued use of the Website following such changes will indicate your acknowledgement of such changes and agreement to be bound by the updated version of these Terms.
7. Miscellaneous.
7.1 Governing law. These Terms are governed by the laws of the State of California, without regards to its conflict of laws principles, and any dispute arising from these Terms shall be brought exclusively before the state and federal courts in San Francisco, California, and each party irrevocably submits to the jurisdiction of such courts.
7.2 Assignment. You may not transfer or assign its rights or obligations under these Terms to any third party without the prior written approval of Invisible, but Invisible may freely do so without consent, including without limitation in connection with a merger, acquisition, reorganization or sale of substantially all of its assets or voting securities. Any purported assignment contrary to this section shall be void. Subject to the foregoing, these Terms will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
7.3 Notices. All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when sent by email.
7.4 Relationship of Parties. The parties are independent contractors and will have no right to assume or create any obligation or responsibility on behalf of the other party. Neither party shall hold itself out as an agent of the other party. These Terms will not be construed to create or imply any partnership, agency, joint venture or formal business entity of any kind.
7.5 Severability. If any provision of these Terms is held invalid or unenforceable, it shall be replaced with the valid provision that most closely reflects the intent of the Parties and the remaining provisions of the Agreement will remain in full force and effect.
7.6 Force Majeure. Except for payment obligations under these Terms, neither party hereto shall be liable for any loss, damage, or penalty resulting from such party's failure to perform its obligations hereunder when such failure is due to events beyond its reasonable control, such as, without limitation, flood, earthquake, fire, acts of God, military insurrection, civil riot, or labor strikes.
Last Updated: September 1, 2023
