Welcome to AIMarkPro. These Terms and Conditions ("Terms") govern your access to and use of the AIMarkPro website, products, and services. Please read these Terms carefully before using our services.
By accessing or using the AIMarkPro website, products, or services (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.
You represent and warrant that you have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you and that entity.
We may modify these Terms at any time at our sole discretion. If we make changes, we will provide notice by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after any changes to these Terms constitutes your acceptance of the revised Terms.
For significant changes, we may provide additional notice, such as sending an email to the email address associated with your account. It is your responsibility to review these Terms periodically.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes.
You agree not to:
We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
To access certain features of the Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to:
We will not be liable for any loss or damage arising from your failure to comply with these requirements.
We reserve the right to suspend or terminate your account, refuse service, or restrict access to the Services at our sole discretion, with or without notice, for any or no reason, including but not limited to a violation of these Terms.
Some of our Services are available on a subscription basis. By signing up for a subscription, you agree to pay the applicable fees for the selected subscription plan. Subscription fees are non-refundable except as described in our Refund Policy or as required by applicable law.
For subscription Services, your subscription will automatically renew at the end of each subscription period unless you cancel it before the renewal date. By subscribing, you authorize us to charge your designated payment method on a recurring basis until you cancel.
We may change our subscription fees at any time. If we change the fees for your subscription, we will provide notice of the change on our website or by email at least 30 days before the change takes effect. Your continued use of the subscription Services after the fee change takes effect constitutes your agreement to pay the updated fee.
All fees are exclusive of taxes, which we will charge as applicable. You are responsible for paying any taxes applicable to your use of the Services.
You may cancel your subscription at any time through your account settings or by contacting our customer support. Upon cancellation, your subscription will remain active until the end of the current billing period, after which it will not renew.
The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof (collectively, "AIMarkPro Content"), are owned by AIMarkPro, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The AIMarkPro name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AIMarkPro or its affiliates. You must not use such marks without our prior written permission.
If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us a non-exclusive, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license to use, reproduce, modify, create derivative works of, distribute, and otherwise exploit the Feedback for any purpose.
"User Content" means any content that you submit, upload, or otherwise make available through the Services, including text, images, data, or other materials. You retain all rights in your User Content, subject to the licenses granted below.
By submitting, uploading, or otherwise making available any User Content through the Services, you grant AIMarkPro a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with providing and improving the Services.
You are solely responsible for your User Content and the consequences of submitting or publishing it. You represent and warrant that:
We do not claim ownership of your User Content and we have no obligation to monitor User Content. However, we reserve the right to review, remove, or modify User Content at our sole discretion, without notice, for any reason or no reason, including User Content that we determine violates these Terms.
In addition to the restrictions outlined elsewhere in these Terms, you agree not to use the Services to:
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, AIMARKPRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
AIMARKPRO DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
AIMARKPRO DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY AI-GENERATED CONTENT PRODUCED THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT AI-GENERATED CONTENT MAY CONTAIN ERRORS, BIASES, OR INACCURACIES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND VERIFYING ANY CONTENT GENERATED THROUGH THE SERVICES BEFORE USING IT FOR ANY PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AIMARKPRO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL AIMARKPRO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO AIMARKPRO FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
You agree to defend, indemnify, and hold harmless AIMarkPro, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
You may terminate your account and discontinue using the Services at any time by following the instructions on our website or by contacting us.
We may terminate or suspend your access to all or part of the Services, including your account, without notice, for any or no reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms.
Upon termination, your right to use the Services will immediately cease. The following provisions survive termination: Intellectual Property Rights, User Content, Disclaimers, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Germany, without giving effect to any choice or conflict of law provision or rule.
Before filing a claim against AIMarkPro, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or AIMarkPro may bring a formal proceeding.
Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, invalidity, breach, or termination thereof, shall be settled by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (ICC) in force on the date when the notice of arbitration is submitted.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of Berlin, Germany, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
YOU AND AIMARKPRO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and AIMarkPro regarding your use of the Services and supersede all prior and contemporaneous written or oral agreements between you and AIMarkPro.
No waiver by AIMarkPro of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AIMarkPro to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without AIMarkPro's prior written consent. AIMarkPro may freely assign or transfer these Terms without restriction.
AIMarkPro will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
If you have any questions about these Terms, please contact us at:
AIMarkPro