TERMS OF USE
PLEASE CAREFULLY READ THESE WEBSITE & PLATFORM TERMS OF USE (HEREINAFTER REFERRED TO AS “TERMS OF USE”) (WEBSITE REFERS TO ‘HTTPS:// ARIVONIX.COM’ AND PLATFORM REFERS TO ‘ARIVONIX PLATFORM AVAILABLE AT HTTPS:// ARIVONIX.COM/’) BEFORE ACCESSING, DOWNLOADING, OR USING THE WEBSITE, PLATFORM AND ANY RELATED DOCUMENTATION AVAILABLE ON THE WEBSITE OF ARIVONIX (A COMPANY BASED IN NEW JERSEY, USA, HEREINAFTER “ARIVONIX”).
BY CLICKING ON THE “ACCEPT” BUTTON, AND/OR ACCESSING, DOWNLOADING, OR USING THE WEBSITE/PLATFORM/DOCUMENTATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE, AGREE TO ALL ITS TERMS, AND CONSENT TO BE BOUND BY IT, THEREBY BECOMING A PARTY TO THIS TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS TERMS OF USE, CLICK THE “DO NOT ACCEPT” BUTTON AND DO NOT ACCESS, DOWNLOAD, OR USE THE WEBSITE/PLATFORM/DOCUMENTATION. IF YOU ARE ACCESSING THE PLATFORM, YOUR USE OF THE PLATFORM MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS IMPOSED BY THE PLATFORM’S END USER LICENSE AGREEMENT AND/OR MASTER LICENSE AGREEMENT, AS THE CASE MAY BE.
IF YOU ARE ACCEPTING THIS TERMS OF USE ON BEHALF OF YOUR EMPLOYER OR ANOTHER AUTHORIZING ENTITY, YOU REPRESENT AND WARRANT THAT: (I) YOU HAVE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR THE ENTITY TO THIS TERMS OF USE; (II) YOU HAVE READ AND UNDERSTOOD THIS TERMS OF USE; AND (III) YOU AGREE, ON BEHALF OF THE PARTY THAT YOU REPRESENT, TO THIS TERMS OF USE.
ACCEPTANCE OF THIS TERMS OF USE IS REQUIRED AS A CONDITION TO PROCEED WITH ACCESS, DOWNLOADING, AND USE OF THE WEBSITE/PLATFORM/DOCUMENTATION. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS TERMS OF USE OR IF YOU DO NOT HAVE THE LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR THE AUTHORIZING ENTITY, YOU MUST NOT USE OR ACCESS THE PLATFORM AND DOCUMENTATION.
YOUR EMPLOYER OR AUTHORISING ENTITY MAY HAVE ENTERED INTO A SEPARATE MASTER LICENSE AGREEMENT WITH ARIVONIX GOVERNING THE USE OF THE PLATFORM, WHICH MAY TAKE PRECEDENCE OVER THESE TERMS. IN SUCH CASE, THIS TERMS OF USE WILL SUPPLEMENT THE MASTER LICENSE AGREEMENT WHERE APPLICABLE.
Throughout the Terms, “we,” “us,” “our,” and “ours” refer to ARIVONIX, and “you,” “your,” “yours”, “User/s” refer to you personally (i.e., the individual who reads and agrees to be bound by these Terms) and, if you access the Website/Platform/Documentation on behalf of a legal entity/authorizing entity, to that entity.
Unless otherwise defined herein, all capitalized terms used in this Terms of Use shall have the same meaning ascribed to them in the Master License Agreement (MLA), End-User License Agreement (EULA) entered into between the Parties. In this Agreement the following words will have the following meanings:
Table of Contents
Table of Contents
1.
SCOPE OF THE TERMS OF USE
1.1.
These Terms of Use govern the specific ways in which You interact with and access the Platform/Website/Documentation provided by ARIVONIX. The Terms of Use are intended to complement and work in conjunction with the EULA agreed between the Parties; the MLA, if agreed between the Parties; and the Subscription Agreement entered between you and Customer.
1.2.
- These Terms of Use specifically focus on additional, more granular aspects of your interaction with the Platform/Website/Documentation, including:
1.2.1.
User account access, security, and usage practices;
1.2.2.
Guidelines for acceptable use, including restrictions on unauthorized access, prohibited activities, and user responsibilities;
1.2.3.
Limitations on the use of Platform features or resources beyond the scope outlined in the MLA or EULA;
1.2.4.
Rules surrounding compliance with applicable laws, including data privacy and protection laws as they pertain to the interaction between the you, the Platform, and external data sources;
1.2.5.
Website interaction, covering elements such as content posting, browsing, and engagement with online resources.
1.3.
- To the extent that there is any conflict between the provisions of the MLA, EULA, Subscription Agreement, and these Terms of Use, the terms in the MLA and EULA will prevail concerning the Platform/Website/Documentation, while the Subscription Agreement will prevail in matters specifically relating to subscription.
2.
LICENSE
2.1.
License to Website: By clicking on the “I Accept” button, ARIVONIX hereby grants you a limited, nonexclusive License to access and use of the Website solely for commercial purposes in accordance with the terms of this Terms of Use. You may not sublicense, assign, or transfer the License, and any attempt at such sublicense, assignment, or transfer is void. ARIVONIX expressly reserves all rights not expressly granted to you in these Terms.
2.2.
License to Platform/Documentation: The License to use the Platform and Documentation is as per the terms, conditions, and restrictions set forth in the applicable Master License Agreement and/or End-User License Agreement between you and ARIVONIX.
3.
YOUR PLATFORM ACCOUNT
3.1.
To use the Platform, your account must be created within the Platform. ARIVONIX would assist in creation of an account if you are the Customer. If you are an End-Customer as per Subscription Agreement, your account creation and management of your subscription services would be undertaken solely by Customer. By opting to create such account, you agree to provide accurate, truthful, and up-to-date information in the Website and Platform. If any of your account details (such as email, billing address, or contact information) change, you must notify ARIVONIX or Customer, as the case may be, in writing within three (3) days of such change.
3.2.
You are responsible for all activities that occur under your Account, whether or not you have authorized for the activity. Sharing your Account or permitting others to access your Account is strictly prohibited. If you are a Customer, depending on the package model you had chosen, ARIVONIX will assist you in creating the appropriate number of Customer-user accounts/Licenses under the packaging terms. If you are an End-Customer, depending on the subscription you had chosen, Customer will assist you in creating the appropriate number of user accounts/licenses under such Subscription Agreement terms.
3.3.
ARIVONIX is not responsible for any damages or losses resulting from unauthorized use of your Account. You are solely responsible for securing your Access Credentials.
4.
PASSWORDS AND LOGIN INFORMATION
4.1.
During the registration process, you will either receive an automatically generated password or be prompted to create one (“Password”). You must maintain the confidentiality of your Password and are responsible for any actions taken using your Password. If you share your Password or allow others to use it, you assume full responsibility for any resulting damage or loss.
4.2.
You may not use the Password or Access Credentials of any other user. Your login name will usually be the email address you provide during account setup, and it cannot be shared with or used by others to access the Platform.
4.3.
ARIVONIX disclaims any responsibility for losses arising from unauthorized use of your Account, Password, or login information. If your account security is compromised, you must immediately notify ARIVONIX or Customer, as the case may be depending on whether you are Customer or End-Customer.
5.
GUIDELINES ON ACCESS
5.1.
Authorized Access Only:
5.1.1.
Access to the Platform is restricted to You who have been granted the necessary Access Credentials (username, password, API key, etc.) after procuring valid License under MLA or EULA.
5.1.2.
You agree not to share or transfer Access Credentials to any unauthorized party.
5.1.3.
ARIVONIX reserves the right to monitor and audit access to ensure compliance.
5.1.4.
Access to the Website alone without procuring Platform License under MLA/EULA does not require any Access Credentials.
5.2.
Access Levels:
5.2.1.
You will have different access levels based on their MLA/EULA or Subscription Agreement, such as Customer Access, End-Customer Access, admin, user, or read-only rights. End-Customer Access and management is completely undertaken by Customer.
5.2.2.
Least-privilege access principles are followed to ensure You only have access to data or features necessary for their tasks, minimizing risks of misuse or data breaches.
5.3.
Upgradation of Access:
5.3.1.
Any upgrades or modifications to your access would be based on the License procured by you and will automatically reflect in the user’s Terms of Use upon payment of the fees under such definitive agreements and Order Form executed between the Parties.
5.4.
Account Security and Responsibility:
5.4.1.
You are responsible for maintaining the confidentiality of your Access Credentials and must notify Customer and ARIVONIX in case of unauthorized access.
5.4.2.
You acknowledge that any actions performed under your account will be considered authorized and binding unless reported as unauthorized. If you are a Customer, and upon your intimation regarding unauthorized access, ARIVONIX shall immediately suspend such account. If you are an End-Customer, you shall intimate unauthorized access to Customer, who shall take steps to suspend such account or such other steps as may be necessary.
6.
ACCEPTABLE USE
6.1.
Lawful Use:
6.1.1.
You are required to use the Platform/Website/Documentation only for lawful purposes and in compliance with all Applicable Laws and regulations, including Privacy Act of New Jersey and HIPPA for sensitive data handling.
6.2.
Permitted Data Types:
6.2.1.
The Platform is designed for processing various categories of data irrespective of whether it is personal, nonpersonal, or anonymized data. The nature of data processed should comply with the terms specified in the Data Processing Agreement (DPA) and these Terms of Use.
6.2.2.
You are responsible for ensuring that data uploaded complies with relevant laws, and ARIVONIX is not responsible for the content or nature of data uploaded or processed.
6.3.
Use of Platform Features:
6.3.1.
Data Processing for Legitimate Purposes: You may process data through the Platform’s features for legitimate purposes. This includes data processing for business, research, or operational purposes, provided it complies with the Applicable Law.
6.3.2.
Compliance with Licenses: You are expected to adhere to MLA or EULA associated with the Platform. This means using the Platform within the scope of the License granted, without exceeding any usage limits or conditions.
6.3.3.
Content Upload and Sharing: You can upload data, content, or information for processing, provided that they own the rights to such content or have obtained necessary permissions from third parties. They should ensure that any content shared through the Platform does not infringe on copyrights or violate intellectual property laws.
6.3.4.
Use of Analytics Tools: You can leverage analytics features, data warehousing, AI/ML models, and reporting tools as provided within the Platform. However, the use of these tools should be aligned with the Platform’s intended purpose and the Applicable Law/data protection rules governing sensitive or personal information.
6.3.5.
Research and Development: You may utilize the Platform for innovation, research, improving operational efficiency, for data monetization, data analytics, data science and data engineering, provided such activities do not violate Platform guidelines, Intellectual Property Rights, or Applicable Laws.
6.3.6.
Collaborative Work: The Platform may allow for collaboration between You, as Customer, and external stakeholders, as End-Customers, after a separate account is created by Customer for such external stakeholder. You as an End-Customer shall not be allowed have collaboration with an External Stakeholder to use the Platform without such External Stakeholder entering into a Subscription Agreement with Customer.
6.3.7.
Security Best Practices: You must ensure they are following best security practices while using the Platform, such as enabling two-factor authentication, regularly updating passwords, and avoid sharing Access Credentials.
6.3.8.
Custom Development/Integrations: Any custom development or third-party integrations is permitted provided a separate Master Service Agreements is entered into and corresponding fees under such agreements are paid.
7.
PROHIBITED ACTIVITIES:
7.1.
Unauthorized Access:
7.1.1.
You must not attempt to gain unauthorized access to the Platform/Website’s backend, its servers, or any associated systems that are beyond their assigned access levels.
7.1.2.
Attempting to bypass or disable security mechanisms such as two-factor authentication (2FA), encryption, or access controls is strictly prohibited.
7.1.3.
The Platform/Website reserves the right to restrict access or suspend accounts in the event of unauthorized or suspicious activity.
7.2.
Illegal Use or Misuse of Resources:
7.2.1.
You must not use the Platform/Website/Documentation for illegal purposes, such as hacking, phishing, or distributing malware. Misusing the Platform/Website/Documentation for activities like scraping confidential data or violating Intellectual Property Rights of third parties will result in account suspension.
7.2.2.
Engaging in data fraud is prohibited and will result in the termination of services.
7.3.
Misuse of Analytical Tools:
7.3.1.
Misusing the Platform’s ML/AI tools (e.g., to derive sensitive insights without Data Subject’s consent or manipulating outputs for fraudulent purposes) is strictly prohibited.
7.3.2.
You should not use Analytical Tools to infer or reverse-engineer data in ways that could violate confidentiality agreements or data privacy laws.
7.3.3.
You should not use Analytical Tools to identify personal data from non-personal data in violation of data privacy laws.
7.4.
Denial of Service or Resource Overload:
7.4.1.
You are prohibited from intentionally overloading system resources (e.g., through excessive API calls, running unauthorized scripts, or engaging in distributed denial-of-service (DDoS) attacks).
7.4.2.
Such activities that disrupt the Platform/Website’s normal functioning or degrade service for other users are grounds for immediate termination of this Terms of Use as well as MLA/EULA.
7.5.
Data Exfiltration and Export:
7.5.1.
You must not engage in the unauthorized export or exfiltration of data through the Platform/Website, especially when it involves sensitive personal data (SPDI) or proprietary data if it is in violation of applicable export control laws, Data protection laws (e.g., across international borders without requisite permissions).
7.6.
General Prohibitions:
7.6.1.
Use the Platform/Website/Documentation or any content therein for any illegal, fraudulent, deceptive, or unauthorized purpose, or in any manner that violates Applicable Laws, regulations, third-party rights, or Data Subject’s rights.
7.6.2.
Engage in or promote any conduct that is harassing, discriminatory, predatory, or otherwise harmful to any individual or group, including promoting hate speech or illegal activities.
7.6.3.
Harvest or collect any information about other users of the Platform/Website, including their personal data, without consent, or violate any privacy rights of others.
7.6.4.
Transmit, by any means, unsolicited advertisements, spam, or any form of promotional materials under Applicable Law.
7.6.5.
Impersonate any individual or entity, or misrepresent your affiliation with any person or entity, including ARIVONIX or its representatives.
7.6.6.
Interfere with, disrupt, or damage the functionality of the Platform/Website/Documentation or ARIVONIX’s systems, networks, or any networks connected to the Platform/Website.
7.6.7.
Use any automated means, such as bots, scrapers, or crawlers, to access, monitor, or exploit the Platform/Website/Documentation for any purpose, or to circumvent any restrictions put in place by ARIVONIX to protect the Platform/Website.
7.6.8.
Attempt to gain unauthorized access to any part of the Platform/Website, any data stored on the Platform/Website, or any systems or networks associated with ARIVONIX or the Platform/Website, including through hacking, password mining, or other illegal means.
7.6.9.
Remove or alter any copyright, trademark, or proprietary notices on the Platform/Website/Documentation or related documentation.
7.6.10.
Use the Platform/Website/Documentation in a way that competes, directly or indirectly, with ARIVONIX’s business.
7.6.11.
Modify, adapt, decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying concepts, user interface techniques, or algorithms of Platform, nor disclose any of the foregoing.
7.6.12.
Encumber, transfer, distribute, sell, sublicense, assign, lease, lend, use for timesharing or service bureau purposes, or otherwise exploit the Website/Platform/Documentation;
7.6.13.
Copy, modify, adapt, translate, incorporate into other products or services, or create derivative works of any part of the Platform/Website/Documentation;
7.6.14.
Attempt to bypass or circumvent any user limits, access restrictions, or time constraints embedded within the Platform.
8.
LIMITATIONS ON THE USE OF PLATFORM FEATURES OR RESOURCES
8.1.
Scope of Use: Users are granted access to the Platform and its features solely in accordance with the Master License Agreement (MLA) and End-User License Agreement (EULA). The use of Platform features or resources is strictly limited to the purposes and scope defined in these agreements. Users must not use the Platform for any unauthorized or unintended purposes.
9.
COMPLIANCE WITH APPLICABLE LAWS
9.1.
Users must comply with all Applicable Laws and regulations, including but not limited to data privacy and protection laws. This includes adherence to:
9.1.1.
Data Privacy Laws: Users must ensure that any interaction with the Platform involving personal data complies with relevant data privacy regulations, including but not limited to the Privacy Act of New Jersey, the Health Insurance Portability and Accountability Act (HIPAA) for handling sensitive data, and any other applicable data protection laws.
9.1.2.
Data Security: Users are responsible for implementing appropriate security measures to protect any data processed through the Platform, ensuring that such data is not disclosed or accessed in violation of applicable data protection laws.
9.1.3.
Legal Obligations: Users must adhere to all legal obligations related to the use of external data sources and integration with the Platform, ensuring that any data obtained from or sent to external sources complies with relevant legal requirements.
10.
WEBSITE/PLATFORM INTERACTION
10.1.
Content Postings: Users may post, upload, or submit content to the website or Platform only if it complies with the following:
10.1.1.
Prohibited Content: Users must not post or transmit content that is illegal, defamatory, obscene, harassing, or otherwise objectionable. This includes content that violates intellectual property rights or promotes illegal activities.
10.1.2.
Accuracy and Integrity: Users must ensure that any content posted is accurate, truthful, and not misleading. Users are responsible for the accuracy and legality of the content they submit.
10.1.3.
Data Ownership: When posting content, users must ensure that they own the content or have permission from the rightful owner to share it. Unauthorized sharing of confidential or proprietary information is prohibited.
10.2.
Browsing and Engagement: Users must adhere to the following guidelines when browsing or engaging with online resources on the Platform/Website:
10.2.1.
No Unauthorized Access: Users must not use any automated means, including robots or scrapers, to access, browse, or extract data from the Platform/Website without prior authorization.
10.2.2.
Feedback and Reporting: Users are encouraged to provide feedback and report any issues or violations related to the use of the Platform/Website or its resources, helping to maintain the integrity and functionality of the Platform/Website.
10.3.
Prohibited Commercial Practices:
10.3.1.
Spamming: Users may not post unsolicited commercial content or engage in any form of spamming. This includes irrelevant promotions, advertisements, or repeated postings that clutter the platform.
10.3.2.
False Endorsements: Users must not post content that falsely implies endorsement or sponsorship by the Platform or misrepresents affiliations with third-party entities or individuals.
11.
CONSEQUENCES OF BREACH
11.1.
Suspension or Termination of Access:
11.1.1.
In the event of violations of any of the above Acceptable Use guidelines or Prohibited Activities, the ARIVONIX reserves the right to suspend or terminate access immediately.
11.1.2.
ARIVONIX may also seek compensation for any damages incurred as a result of a breach, including financial loss, reputational harm, or legal liabilities.
11.2.
Liability for Damages:
11.2.1.
You found responsible for engaging in prohibited activities may be held financially liable for any damages caused to the Platform or to third parties as a result of their actions.
11.3.
Legal Action:
11.3.1.
For more serious violations, such as breaches of data privacy laws or Intellectual Property theft, the ARIVONIX reserves the right to pursue legal action, including reporting the user to relevant authorities.
12.
MODIFICATION OF THE WEBISTE/PLATFORM
12.1.
ARIVONIX reserves the right to make non-material modifications to the Platform at any time, provided such changes do not materially reduce the functionality of the Platform. ARIVONIX will not be liable for any non-material changes made to the Platform. Material modifications will be communicated, and ARIVONIX will ensure that such changes improve or align with service requirements.
13.
YOUR DATA AND PRIVACY
13.1.
ARIVONIX is committed to implementing robust technical, administrative, and procedural safeguards to secure any data that you provide while using the ARIVONIX Platform. ARIVONIX has adopted industry-standard procedures and infrastructure to protect all Customer Data and End-Customer Data (that includes any outputs generated by ML/AI Engine and Analytical Tools). ARIVONIX does not use Customer Data or End-Customer Data. It is the Customer/End-Customer themselves who use such data to create their desired product or analytical results. ARIVONIX does not handle any Customer Data or Customer Data. If ARIVONIX is shared or provided such data under special circumstances, ARIVONIX follows privacy practices in line with the terms outlined in ARIVONIX’s Privacy Policy, which can be accessed at https://www.arivonix.com/privacy-policy/. The Privacy Policy forms an integral part of the Terms of Use. If you have any questions about the handling or protection of Customer Data/End-Customer Data, please contact us at legal@arivonix.com.
13.2.
Please note that you agree not to include any personally identifiable information in any Queries or comments submitted through the Platform. Should you do so, ARIVONIX shall not be responsible for any lost data resulting from the removal of such information in compliance with data subject access or deletion requests, or for any other reason required by law or security protocols.
13.3.
Data Subject Rights: You must ensure that you have the necessary rights and permissions on Big Data for it to be processed in the Platform, including the necessary consents from your Data Subjects and End-Customers where applicable. ARIVONIX shall not be liable for any claims arising from your failure to comply with applicable data protection laws or any unauthorized use of Customer Data or End-Customer Data.
13.4.
Ownership of Big Data: The insights, analytics, and machine learning outputs generated from the analysis of Big Data on the platform are considered Customer Data, and the ownership remains with the Customer as specified under MLA or EULA. However, ARIVONIX reserves the right to use anonymized, aggregated data for the purpose of improving the functionality, performance, and security of the platform, provided such data does not include any personally identifiable information.
14.
WARRANTY DISCLAIMER
14.1.
ARIVONIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PERFORMANCE, AVAILABILITY, OR SECURITY OF THE PLATFORM. YOU UNDERSTAND AND AGREE THAT THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. ARIVONIX DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL COMPONENTS, OR THAT IT WILL BE SECURE OR SUITABLE FOR YOUR INTENDED USE. YOU AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK.
15.
LIMITATION OF LIABILITY
15.1.
IN NO EVENT WILL ARIVONIX OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF DATA, LOSS OF PROFITS, OR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THESE TERMS, EVEN IF ARIVONIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IS NEGLIGENT.
16.
TERM AND TERMINATION
16.1.
If you are a Customer, the Duration of this Terms of Use shall commence on the Effective Date of Master License Agreement and shall continue in full force as specified therein.
16.2.
If you are an End-Customer, the Duration of this Terms of Use shall commence on the Effective Date of Subscription Agreement and shall continue in full force as specified therein.
16.3.
Subscriptions purchased by you under Master License Agreement or Subscription Agreement, as the case may be, will commence on the start date specified in the applicable Order Form and will continue for the duration specified therein. Unless otherwise specified in the Order Form, all subscriptions will automatically renew for additional periods equal to the expiring subscription term, unless either party provides written notice of non-renewal before the end of the current subscription term.
16.4.
The terms specified in Master License Agreement/Subscription Agreement shall determine the termination.
16.5.
If you are an End-Customer and if the License provided to Customer under Master License Agreement has terminated, your Subscription Agreement shall be deemed to have been terminated simultaneously, and ARIVONIX is not required to provide you access to any Platform any longer.
16.6.
Additionally, ARIVONIX reserves the right to immediately suspend or terminate your access to the Platform, or remove any Customer Data from the Platform, without notice, if your continued use of the Platform would violate applicable laws or regulations, or have a materially adverse effect on ARIVONIX, its services, or third parties. Such suspension or termination shall not relieve you from the obligation to pay any remaining fees.
16.7.
Unless otherwise specified in the Order Form, if you choose to terminate your subscription or account for convenience, you remain obligated to pay all outstanding fees and charges related to the use of the Platform for the remainder of the term under the Order Form as per the MLA or Subscription Agreement, as the case may be.
17.
INTELLECTUAL PROPERTY
17.1.
The terms specified in MLA, EULA, and Subscription Agreement shall govern Intellectual Property Rights of the parties.
17.2.
To further clarify, all content, materials, and data that is available in the Platform/Website as is, excluding Customer Data and End-Customer Data, including but not limited to text, graphics, logos, icons, images, software, data models, machine learning outputs, and any associated Documentation are the exclusive property of ARIVONIX.
17.3.
ARIVONIX will not process, store, or use Customer Data or End-Customer Data under this Terms of Use except under special circumstances as specified in MLA or EULA upon request by Customer. By using the Platform, you grant ARIVONIX a limited, non-exclusive, royalty-free, and worldwide license to use, process, and transmit Customer Data and End-Customer Data through the Platform interface strictly in accordance with the Platform’s intended purpose and the terms outlined in ARIVONIX’s Data Processing Agreement, MLA and/or EULA.
17.4.
Any unauthorized use of ARIVONIX’s Intellectual Property, Customer Data, or End-Customer Data that infringes the intellectual property rights of ARIVONIX or third parties may result in the suspension or termination of your access to the Platform, in addition to any other remedies available to ARIVONIX under applicable law.
17.5.
This Platform contains logos, brand identities, and other trademarks and service marks that are owned by or licensed to ARIVONIX and its affiliates. Other product and company names referenced in the Platform/Website may be trademarks of their respective owners. Nothing on this Platform/Website should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks displayed on the Platform/Website without the written permission of ARIVONIX. Unauthorized use of any trademarks may result in legal action.
18.
IP ADDRESS
18.1.
ARIVONIX collects IP addresses (the Internet address of a computer) to analyze trends, track user movement, and gather broad demographic information for aggregate use to improve the Platform and the services provided. ARIVONIX reserves the right to use your IP Address to identify any user responsible for activities that threaten the integrity, security, or functionality of the Platform, ARIVONIX’s systems, Hosting environment, or its networks. If necessary, your IP address, along with other collected information, may be used in the enforcement of these Terms, including investigating and preventing any security incidents.
19.
THIRD-PARTY TOOLS AND MATERIALS
19.1.
You may have access to third-party websites, resources, content, or information through the Platform or external services related to the Platform or Business Intelligence Tools accessible through the Platform. Your access or use of any of such Third-Party Tools and Materials is at your sole discretion and risk.
19.2.
Without limiting any other provision in these Terms, you acknowledge and agree that ARIVONIX:
19.2.1.
Is not responsible for the availability or accuracy of such Third-Party Tools or Materials, or the products and services availed by you through the Platform.
19.2.2.
Shall have no liability to you or any third party for any claims, losses, damages, or injuries arising from your use or reliance on such Third-Party Materials.
19.2.3.
ARIVONIX makes no warranties, express or implied, regarding Third-Party Materials, and linking to these materials from the Platform does not imply any endorsement. Any concerns about external links should be directed to the administrator of the respective third-party site.
20.
CONFIDENTIALITY
20.1.
The Confidentiality obligations under MLA, EULA and Subscription Agreement shall govern this Terms of Use.
21.
INDEMNIFICATION
21.1.
The Confidentiality obligations under MLA, EULA and Subscription Agreement shall govern this Terms of Use.
22.
SEVERANCE
22.1.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable under Applicable Law, such provision shall be removed or limited to the minimum extent necessary. This will not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.
23.
ENTIRE AGREEMENT
23.1.
These Terms of Use, MLA, EULA, Subscription Agreement, Documentation, and any policies or operating rules posted by ARIVONIX on this Website or in relation to the Platform constitute the entire agreement and understanding between you and ARIVONIX. They govern your use of the Platform and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and ARIVONIX.
24.
GOVERNING LAW
24.1.
These Terms and their enforcement are governed by and construed in accordance with the laws of the State of New Jersey, USA, without regard to conflicts of law principles. Both you and ARIVONIX agree that the exclusive jurisdiction and venue for any legal proceedings arising from or relating to these Terms shall be the courts of New Jersey, USA.
24.2.
Any dispute, claim, or controversy arising out of or relating to these Terms, including their breach, enforcement, or interpretation, will be resolved through arbitration in New Jersey, USA, by a court-appointed arbitrator. The arbitration award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. This arbitration clause does not preclude either party from seeking provisional remedies in a court of appropriate jurisdiction.
25.
CHANGES TO TERMS OF USE
25.1.
You can review the most current version of the Terms of Use at any time on this page.
25.2.
ARIVONIX reserves the right, at its sole discretion, to modify, update, or replace any part of these Terms by posting changes on the Website. We advise you to periodically check the Website for updates. Your continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes.
26.
INDEPENDENT CONTRACTORS
26.1.
The relationship between ARIVONIX and you, the User, is solely that of independent contractors. Neither party will make any commitments, incur any charges, or assume any obligations for or on behalf of the other party, nor shall either party be considered an agent, partner, joint venturer, employer, or employee of the other party at any time.
27.
ASSIGNMENT
27.1.
These Terms do not confer any third-party rights or benefits. You may not assign, transfer, or sublicense any rights or obligations under these Terms without the prior written consent of ARIVONIX. ARIVONIX may assign or transfer its rights and obligations under these Terms, in whole or in part, at any time without prior notice to you.
28.
CONTACT US
28.1.
If you have any questions regarding the Platform or these Terms, please contact us via the “Contact Us” form on our website. You can also contact ARIVONIX at the following address or phone number:
ARIVONIX CORPORATION,
309 FELLOWSHIP ROAD,
SUITE 200, EAST GATE CENTER,
MT. LAUREL, NEW JERSEY 080543
Email ID: hello@arivonix.com
Please note that electronic communications may not be completely secure. You should not include sensitive information, such as credit card details, in any electronic correspondence with Arivonix, except when using secure online payment gateways for payments.
309 FELLOWSHIP ROAD,
SUITE 200, EAST GATE CENTER,
MT. LAUREL, NEW JERSEY 080543
Email ID: hello@arivonix.com
Please note that electronic communications may not be completely secure. You should not include sensitive information, such as credit card details, in any electronic correspondence with Arivonix, except when using secure online payment gateways for payments.