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Terms and Conditions
Welcome to M INNOVATION’s Platform and the “Terms and Conditions” that govern its usage. M INNOVATION (“Inflectiv AI” or the “Advisor”) serves as a platform where emerging and prospective blockchain-focused enterprises can showcase their business concepts and access AI services. These Terms and Conditions (the “Terms”) shall be considered a legally binding agreement between M Innovations, a company incorporated and duly existing under the Cayman Islands, and the User (“You” or “Your”) who accesses or uses the Platform as defined below.
By setting up, logging into, and/or using your account on our platform, available via Inflectiv AI (the “Platform”), and by utilizing any of our services made available on the Platform, you hereby agree (i) to become a party to this agreement (the “Agreement”) and (ii) that your counterparty is Inflectiv AI. You will hereinafter be referred to as “you” and/or the “User”. The User and Inflectiv AI will each individually be referred to as a “Party” and collectively as the “Parties” to this Agreement.
By setting up, logging into, and/or using your account on our platform, available via Inflectiv AI (the “Platform”), and by utilizing any of our services made available on the Platform, you hereby agree (i) to become a party to this agreement (the “Agreement”) and (ii) that your counterparty is Inflectiv AI. You will hereinafter be referred to as “you” and/or the “User”. The User and Inflectiv AI will each individually be referred to as a “Party” and collectively as the “Parties” to this Agreement.
IMPORTANT NOTICE:
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR LEGAL RIGHTS. BY CLICKING “ACCEPT” AND/OR USING THE SERVICES PROVIDED ON OUR PLATFORM (“SERVICES”), YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE PLATFORM OR USE OUR SERVICES.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR LEGAL RIGHTS. BY CLICKING “ACCEPT” AND/OR USING THE SERVICES PROVIDED ON OUR PLATFORM (“SERVICES”), YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE PLATFORM OR USE OUR SERVICES.
SERVICES
Overview of Services
M Innovation (“Inflectiv AI” or the “Advisor”) offers a platform for decentralized artificial intelligence applications designed to facilitate user interaction with AI tools and services. We reserve the right to modify, suspend, or discontinue the services, or any part thereof, at any time without prior notice (the “Projects”). These Projects are made available for users (“You” or the “User”) of the platform. Through this platform, Inflectiv AI offers peer to-peer services that allow Users to discover and engage with various artificial intelligence-related projects.
Functionality and Interaction
By utilizing the platform, you understand that Inflectiv AI is not responsible for executing purchases, the Platform merely facilitates interactions between Users and Projects, and Inflectiv AI does not have custody of the funds involved in these transactions. At no point does Inflectiv AI control your funds.
If you are using the Platform or Services on behalf of a third party, such as an employer or business entity, you confirm that you are authorized to act on behalf of said party, and that this party acknowledges and accepts these Terms.
User Responsibilities and Third-Party Services
Inflectiv AI does not assume any responsibility for verifying the identity, legitimacy, or authenticity of users/Projects. You are fully responsible for conducting your due diligence before engaging with any third party on the platform. Inflectiv AI makes no representations regarding the legitimacy or authenticity of any Projects, Users, or Services available on the Platform.
Please note that any third-party services (such as wallet providers) are not controlled or provided by Inflectiv AI. Therefore, Inflectiv AI will not be liable for any failure, non-performance, damages, or losses related to the use of these third-party services. You should carefully read and understand the terms and conditions provided by any third-party service providers.
Overview of Services
M Innovation (“Inflectiv AI” or the “Advisor”) offers a platform for decentralized artificial intelligence applications designed to facilitate user interaction with AI tools and services. We reserve the right to modify, suspend, or discontinue the services, or any part thereof, at any time without prior notice (the “Projects”). These Projects are made available for users (“You” or the “User”) of the platform. Through this platform, Inflectiv AI offers peer to-peer services that allow Users to discover and engage with various artificial intelligence-related projects.
Functionality and Interaction
By utilizing the platform, you understand that Inflectiv AI is not responsible for executing purchases, the Platform merely facilitates interactions between Users and Projects, and Inflectiv AI does not have custody of the funds involved in these transactions. At no point does Inflectiv AI control your funds.
If you are using the Platform or Services on behalf of a third party, such as an employer or business entity, you confirm that you are authorized to act on behalf of said party, and that this party acknowledges and accepts these Terms.
User Responsibilities and Third-Party Services
Inflectiv AI does not assume any responsibility for verifying the identity, legitimacy, or authenticity of users/Projects. You are fully responsible for conducting your due diligence before engaging with any third party on the platform. Inflectiv AI makes no representations regarding the legitimacy or authenticity of any Projects, Users, or Services available on the Platform.
Please note that any third-party services (such as wallet providers) are not controlled or provided by Inflectiv AI. Therefore, Inflectiv AI will not be liable for any failure, non-performance, damages, or losses related to the use of these third-party services. You should carefully read and understand the terms and conditions provided by any third-party service providers.
USER RESPONSIBILITIES AND THIRD-PARTY SERVICES
By accessing the Inflectiv AI Platform or by communicating with other Platform Participants, you agree to
ensure at all times that information about you, provided by you or generated by you (i.e., your Content) is true, accurate, current, complete and not misleading; and
promptly comply with Inflectiv AI‘s request for specific action(s) or additional information. You are responsible for all activities that occur under your account. Inflectiv AI may revoke your access to the Inflectiv AI Platform and Services at any time it determines that (a) you fail to fully comply with the foregoing obligations or with any provision of these Terms of Services, or (b) your action or inaction on the Inflectiv AI Platform or in connection with the Services is inconsistent with INFLECTIV AI’s mission to ensure transparent, compliant and good faith activities on the Inflectiv AI Platform, including the maintenance of high standards of commercial conduct and integrity in relations to Offerings.
By accessing the Inflectiv AI Platform or by communicating with other Platform Participants, you agree to
ensure at all times that information about you, provided by you or generated by you (i.e., your Content) is true, accurate, current, complete and not misleading; and
promptly comply with Inflectiv AI‘s request for specific action(s) or additional information. You are responsible for all activities that occur under your account. Inflectiv AI may revoke your access to the Inflectiv AI Platform and Services at any time it determines that (a) you fail to fully comply with the foregoing obligations or with any provision of these Terms of Services, or (b) your action or inaction on the Inflectiv AI Platform or in connection with the Services is inconsistent with INFLECTIV AI’s mission to ensure transparent, compliant and good faith activities on the Inflectiv AI Platform, including the maintenance of high standards of commercial conduct and integrity in relations to Offerings.
Specific User Obligations
By accessing and utilizing the Platform, you hereby agree and undertake to provide accurate, complete, and up-to-date information during the registration process, ensuring that all data submitted is truthful and reflective of Your current status. You further agree to use the Platform in full compliance with all applicable laws, regulations, and statutory requirements governing Your use of the Platform and the services provided therein. In addition, you acknowledge and accept the obligation to adhere to the terms, conditions, and policies governing any third-party services that You may engage with through the Platform, including, but not limited to, digital wallet providers and blockchain networks. You expressly undertake not to engage in any activity that is fraudulent, unethical, illegal, or that otherwise violates the integrity of the Platform or the services offered. Any such conduct may result in immediate termination of access to the Platform and potential legal consequences, subject to the applicable laws.
By accessing and utilizing the Platform, you hereby agree and undertake to provide accurate, complete, and up-to-date information during the registration process, ensuring that all data submitted is truthful and reflective of Your current status. You further agree to use the Platform in full compliance with all applicable laws, regulations, and statutory requirements governing Your use of the Platform and the services provided therein. In addition, you acknowledge and accept the obligation to adhere to the terms, conditions, and policies governing any third-party services that You may engage with through the Platform, including, but not limited to, digital wallet providers and blockchain networks. You expressly undertake not to engage in any activity that is fraudulent, unethical, illegal, or that otherwise violates the integrity of the Platform or the services offered. Any such conduct may result in immediate termination of access to the Platform and potential legal consequences, subject to the applicable laws.
Third-Party Services
The Platform may facilitate interaction with, or integration of, third-party services, including, but not limited to, digital wallets and blockchain networks. It is expressly understood that INFLECTIV AI bears no responsibility or liability for the performance, functionality, security, or any actions or omissions of such third-party providers. You acknowledge that Your relationship with third-party providers is governed by separate terms and conditions established by such providers, and it is Your sole responsibility to review, understand, and comply with the terms of any third-party services prior to utilizing them in connection with the Platform. INFLECTIV AI makes no representations or warranties regarding the availability, reliability, or security of third-party services, and any disputes arising from the use of such services shall be resolved between You and the respective third party, without recourse to INFLECTIV AI.
The Platform may facilitate interaction with, or integration of, third-party services, including, but not limited to, digital wallets and blockchain networks. It is expressly understood that INFLECTIV AI bears no responsibility or liability for the performance, functionality, security, or any actions or omissions of such third-party providers. You acknowledge that Your relationship with third-party providers is governed by separate terms and conditions established by such providers, and it is Your sole responsibility to review, understand, and comply with the terms of any third-party services prior to utilizing them in connection with the Platform. INFLECTIV AI makes no representations or warranties regarding the availability, reliability, or security of third-party services, and any disputes arising from the use of such services shall be resolved between You and the respective third party, without recourse to INFLECTIV AI.
Due Diligence
You acknowledge and agree that INFLECTIV AI does not conduct any due diligence, vetting, or verification processes with respect to the third-party services, Projects, or blockchain offerings listed or otherwise made available on the Platform. The responsibility for evaluating the legitimacy, authenticity, and legal compliance of any Projects, or related offerings rests entirely with You. You are advised to conduct thorough due diligence and obtain independent legal, financial, or other professional advice before engaging with any Projects presented on the Platform.
INFLECTIV AI expressly disclaims any liability arising from or related to Your reliance on the information, services, or offerings of third parties accessible through the Platform.
When using our INFLECTIV AI Platform and Services, you are promising not to violate the Community Rules of INFLECTIV AI as described below. Aside from your Content, all information, documents and Services provided on this INFLECTIV AI Platform, including trademarks, logos, graphics and images (the “Materials”) are provided to you by INFLECTIV AI or other Platform Participants. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials. Furthermore, with regard to the Offerings found on the INFLECTIV AI Platform, you shall not use related Content for any purpose other than seeking capital or assessing a potential investment opportunity.
Furthermore, you cannot have any expectation that INFLECTIV AI evaluates, confirms, endorses, or otherwise stands behind any Content provided by any User, Investor, or Issuer. You may not treat nor rely on any email or other information you receive as a result of your access to the Services as a representation of any kind by INFLECTIV AI. INFLECTIV AI is not qualified to provide legal, accounting, tax, or investment advice, and no information provided to you by INFLECTIV AI, its staff or its affiliates, can be so construed.
By using our INFLECTIV AI Platform and our Services, you agree and acknowledge in each instance that INFLECTIV AI is not an agent or otherwise a responsible entity for any matter whatsoever with respect to any investment between an Investor and an Issuer. INFLECTIV AI shall not be held liable to any party for any costs or damages arising out of or related to such transaction. Unless otherwise required by law, INFLECTIV AI retains sole discretion to reject or accept any application from any Issuer or Investor to participate on the INFLECTIV AI Platform, for any reason or no reason at all.
You acknowledge and agree that INFLECTIV AI does not conduct any due diligence, vetting, or verification processes with respect to the third-party services, Projects, or blockchain offerings listed or otherwise made available on the Platform. The responsibility for evaluating the legitimacy, authenticity, and legal compliance of any Projects, or related offerings rests entirely with You. You are advised to conduct thorough due diligence and obtain independent legal, financial, or other professional advice before engaging with any Projects presented on the Platform.
INFLECTIV AI expressly disclaims any liability arising from or related to Your reliance on the information, services, or offerings of third parties accessible through the Platform.
When using our INFLECTIV AI Platform and Services, you are promising not to violate the Community Rules of INFLECTIV AI as described below. Aside from your Content, all information, documents and Services provided on this INFLECTIV AI Platform, including trademarks, logos, graphics and images (the “Materials”) are provided to you by INFLECTIV AI or other Platform Participants. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials. Furthermore, with regard to the Offerings found on the INFLECTIV AI Platform, you shall not use related Content for any purpose other than seeking capital or assessing a potential investment opportunity.
Furthermore, you cannot have any expectation that INFLECTIV AI evaluates, confirms, endorses, or otherwise stands behind any Content provided by any User, Investor, or Issuer. You may not treat nor rely on any email or other information you receive as a result of your access to the Services as a representation of any kind by INFLECTIV AI. INFLECTIV AI is not qualified to provide legal, accounting, tax, or investment advice, and no information provided to you by INFLECTIV AI, its staff or its affiliates, can be so construed.
By using our INFLECTIV AI Platform and our Services, you agree and acknowledge in each instance that INFLECTIV AI is not an agent or otherwise a responsible entity for any matter whatsoever with respect to any investment between an Investor and an Issuer. INFLECTIV AI shall not be held liable to any party for any costs or damages arising out of or related to such transaction. Unless otherwise required by law, INFLECTIV AI retains sole discretion to reject or accept any application from any Issuer or Investor to participate on the INFLECTIV AI Platform, for any reason or no reason at all.
Platform Participants’ Obligations to Act Responsibly
Promises made by each User.
You are making the following promises:
Requirements to Use the INFLECTIV AI Platform and Services:
That you have the right, authority, and capacity to agree to the Terms on your own behalf and on behalf on any entity for whom you are acting for and to abide by all of the terms contained herein, and that if any aspect of your participation in INFLECTIV AI violates provisions of the law to which you or an entity you are acting for are subject, you (and, if applicable, such entity) will immediately cease using the Services and close your account;
That you are at least 18 years old;
That you shall not use a false name or email address owned or controlled by another person with the intent to impersonate that person or for any other reason;
That you shall not use a name that is subject to any rights of a person other than yourself without appropriate authorization;
That you will not use the INFLECTIV AI Platform for any commercial matter not otherwise authorized by INFLECTIV AI;
That you shall not make multiple accounts;
That you shall be solely responsible for maintaining the confidentiality of your password;
That you will update your registration information with INFLECTIV AI, as needed, so that it remains true, correct and complete; and
That you will conduct yourself in a professional manner in all your interactions with INFLECTIV AI and with every User of the INFLECTIV AI Platform or Services.
Requirements Related to Issuers’ Content on INFLECTIV AI Platform:
That you will only provide INFLECTIV AI with Content that you have a right to provide to INFLECTIV AI and to allow INFLECTIV AI to display through the Services; and that you understand that any other Content you find on or through INFLECTIV AI
That you have adequate rights to all copyrights, trademarks, trade secrets, intellectual property or other material provided by you for display by INFLECTIV AI is the sole responsibility of the person who provided such Content;
That you understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability, and that INFLECTIV AI will not be responsible or liable for any use of your Content by INFLECTIV AI in accordance with the Terms;
That you understand that any false, incomplete or misleading information you post about an Issuer or an Offering may result in serious civil and criminal liability for yourself and/or the Issuer;
That you will be solely responsible for complying with applicable law regarding any Offering you participate in or interact with; and
That you will obtain such professional advice as is appropriate to protect your interests, including legal, accounting, tax and other advice.
Requirements Related to Investors on the INFLECTIV AI Platform:
That you are not relying on INFLECTIV AI to, and that you understand that we do not, endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content or communications posted via the Services;
That you understand that by using the Services, you may be exposed to Content that may be offensive, harmful, inaccurate or otherwise inappropriate, and that you have no claim against INFLECTIV AI for any such material;
That you understand that the Service may include advertisements or other similar items, which may be related to Content, queries made through the Services, or other information, and you have no claim against INFLECTIV AI for the placement of advertising or similar content on the Services or in connection with the display of any Content or other information from the Services;
That you will use your own judgment, conduct your own due diligence and seek any legal, financial, tax, accounting and other professional advice that may be appropriate before making any decision to invest;
That you can tolerate the risk of losing any amount you invest through the INFLECTIV AI Platform; and
That you have reviewed and understand the risks and terms of any investment you commit to make through the INFLECTIV AI Platform.
Promises made by each User.
You are making the following promises:
Requirements to Use the INFLECTIV AI Platform and Services:
That you have the right, authority, and capacity to agree to the Terms on your own behalf and on behalf on any entity for whom you are acting for and to abide by all of the terms contained herein, and that if any aspect of your participation in INFLECTIV AI violates provisions of the law to which you or an entity you are acting for are subject, you (and, if applicable, such entity) will immediately cease using the Services and close your account;
That you are at least 18 years old;
That you shall not use a false name or email address owned or controlled by another person with the intent to impersonate that person or for any other reason;
That you shall not use a name that is subject to any rights of a person other than yourself without appropriate authorization;
That you will not use the INFLECTIV AI Platform for any commercial matter not otherwise authorized by INFLECTIV AI;
That you shall not make multiple accounts;
That you shall be solely responsible for maintaining the confidentiality of your password;
That you will update your registration information with INFLECTIV AI, as needed, so that it remains true, correct and complete; and
That you will conduct yourself in a professional manner in all your interactions with INFLECTIV AI and with every User of the INFLECTIV AI Platform or Services.
Requirements Related to Issuers’ Content on INFLECTIV AI Platform:
That you will only provide INFLECTIV AI with Content that you have a right to provide to INFLECTIV AI and to allow INFLECTIV AI to display through the Services; and that you understand that any other Content you find on or through INFLECTIV AI
That you have adequate rights to all copyrights, trademarks, trade secrets, intellectual property or other material provided by you for display by INFLECTIV AI is the sole responsibility of the person who provided such Content;
That you understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability, and that INFLECTIV AI will not be responsible or liable for any use of your Content by INFLECTIV AI in accordance with the Terms;
That you understand that any false, incomplete or misleading information you post about an Issuer or an Offering may result in serious civil and criminal liability for yourself and/or the Issuer;
That you will be solely responsible for complying with applicable law regarding any Offering you participate in or interact with; and
That you will obtain such professional advice as is appropriate to protect your interests, including legal, accounting, tax and other advice.
Requirements Related to Investors on the INFLECTIV AI Platform:
That you are not relying on INFLECTIV AI to, and that you understand that we do not, endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content or communications posted via the Services;
That you understand that by using the Services, you may be exposed to Content that may be offensive, harmful, inaccurate or otherwise inappropriate, and that you have no claim against INFLECTIV AI for any such material;
That you understand that the Service may include advertisements or other similar items, which may be related to Content, queries made through the Services, or other information, and you have no claim against INFLECTIV AI for the placement of advertising or similar content on the Services or in connection with the display of any Content or other information from the Services;
That you will use your own judgment, conduct your own due diligence and seek any legal, financial, tax, accounting and other professional advice that may be appropriate before making any decision to invest;
That you can tolerate the risk of losing any amount you invest through the INFLECTIV AI Platform; and
That you have reviewed and understand the risks and terms of any investment you commit to make through the INFLECTIV AI Platform.
PARTICIPATION IN PLATFORM INTERACTIONS
Blockchain Interactions
All transactions carried out through the Platform, including but not limited to the transfer of tokens or other assets, are executed via smart contracts deployed on various blockchain networks. The User acknowledges that, upon execution, INFLECTIV AI relinquishes any control over such smart contracts and is not responsible for the actions, omissions, or performance of the Projects or the smart contracts themselves. INFLECTIV AI makes no representations or warranties concerning the efficacy, reliability, or performance of any smart contracts utilized in connection with the Platform, and the User agrees to hold INFLECTIV AI harmless from any consequences that may result from such interactions.
Wallet and Security Responsibility
It is the sole responsibility of the User to ensure the security and integrity of their digital wallet, including but not limited to the protection of their private keys and account credentials. The User is obligated to implement adequate security measures to prevent unauthorized access or breaches. INFLECTIV AI expressly disclaims any liability for any loss, theft, or unauthorized access to tokens, funds, or accounts resulting from security breaches, errors, or mismanagement of digital wallets by the User. The User acknowledges that they are solely responsible for any adverse consequences arising from their failure to secure their digital wallet or account information.
Blockchain Interactions
All transactions carried out through the Platform, including but not limited to the transfer of tokens or other assets, are executed via smart contracts deployed on various blockchain networks. The User acknowledges that, upon execution, INFLECTIV AI relinquishes any control over such smart contracts and is not responsible for the actions, omissions, or performance of the Projects or the smart contracts themselves. INFLECTIV AI makes no representations or warranties concerning the efficacy, reliability, or performance of any smart contracts utilized in connection with the Platform, and the User agrees to hold INFLECTIV AI harmless from any consequences that may result from such interactions.
Wallet and Security Responsibility
It is the sole responsibility of the User to ensure the security and integrity of their digital wallet, including but not limited to the protection of their private keys and account credentials. The User is obligated to implement adequate security measures to prevent unauthorized access or breaches. INFLECTIV AI expressly disclaims any liability for any loss, theft, or unauthorized access to tokens, funds, or accounts resulting from security breaches, errors, or mismanagement of digital wallets by the User. The User acknowledges that they are solely responsible for any adverse consequences arising from their failure to secure their digital wallet or account information.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
No Warranty on Projects
INFLECTIV AI explicitly disclaims any and all representations or warranties, whether express or implied, with respect to the quality, legality, or viability of the Projects listed on the Platform. All Projects are made available to Users on an "as-is" basis, and Users engage with such Projects at their own risk. INFLECTIV AI further disclaims all implied warranties, including but not limited to those of merchantability, fitness for a particular purpose, and non-infringement. Users acknowledge that they are solely responsible for conducting any necessary due diligence before engaging with any Projects on the Platform.
Platform Downtime and Access
While INFLECTIV AI endeavours to provide continuous uptime and accessibility for its Platform, the Company does not warrant or guarantee uninterrupted access to the Platform at all times. INFLECTIV AI shall not be liable for any downtime, service interruptions, or loss of data resulting from factors outside its reasonable control, including but not limited to technical failures, network outages, or force majeure events. Users acknowledge and accept that access to the Platform may be temporarily unavailable and agree that INFLECTIV AI shall not be held liable for any consequences arising from such unavailability.
Liability Limitations
Under no circumstances shall INFLECTIV AI be liable to any User or any third party for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from or related to the use of the Platform or the Services provided therein. The User agrees that INFLECTIV AI’s total liability, if any, shall be limited to the maximum extent permitted by applicable law and shall not exceed any amounts paid by the User to INFLECTIV AI in connection with the Services that gave rise to the claim.
Waiver
YOU ACKNOWLEDGE AND AGREE THAT BY ENTERING THIS AGREEMENT:
EITHER OF US MAY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION;
TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION.
No Warranty on Projects
INFLECTIV AI explicitly disclaims any and all representations or warranties, whether express or implied, with respect to the quality, legality, or viability of the Projects listed on the Platform. All Projects are made available to Users on an "as-is" basis, and Users engage with such Projects at their own risk. INFLECTIV AI further disclaims all implied warranties, including but not limited to those of merchantability, fitness for a particular purpose, and non-infringement. Users acknowledge that they are solely responsible for conducting any necessary due diligence before engaging with any Projects on the Platform.
Platform Downtime and Access
While INFLECTIV AI endeavours to provide continuous uptime and accessibility for its Platform, the Company does not warrant or guarantee uninterrupted access to the Platform at all times. INFLECTIV AI shall not be liable for any downtime, service interruptions, or loss of data resulting from factors outside its reasonable control, including but not limited to technical failures, network outages, or force majeure events. Users acknowledge and accept that access to the Platform may be temporarily unavailable and agree that INFLECTIV AI shall not be held liable for any consequences arising from such unavailability.
Liability Limitations
Under no circumstances shall INFLECTIV AI be liable to any User or any third party for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from or related to the use of the Platform or the Services provided therein. The User agrees that INFLECTIV AI’s total liability, if any, shall be limited to the maximum extent permitted by applicable law and shall not exceed any amounts paid by the User to INFLECTIV AI in connection with the Services that gave rise to the claim.
Waiver
YOU ACKNOWLEDGE AND AGREE THAT BY ENTERING THIS AGREEMENT:
EITHER OF US MAY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION;
TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION.
TERMINATION OF SERVICES
Termination by INFLECTIV AI
INFLECTIV AI reserves the right to terminate or suspend access to the Platform for any User, without prior notice, in the event of a violation of this Agreement, engagement in unlawful activities, or failure to comply with applicable laws and regulations. Such termination may result in the immediate revocation of the User's access to both current and future uses of the Platform and Services. The User acknowledges that INFLECTIV AI is not liable for any losses or damages resulting from such termination or suspension.
User Termination
A User may terminate this Agreement at any time by formally closing their account on the Platform. Upon termination, the User’s rights to access and use the Platform and Services shall cease immediately. However, any obligations or liabilities incurred by the User prior to termination shall survive such termination and remain enforceable in accordance with the provisions of this Agreement.
Post-Termination Obligations
Notwithstanding the termination of this Agreement, certain provisions contained within these Terms shall survive and continue to be in effect. These provisions include, but are not limited to, those pertaining to liability, indemnification, intellectual property rights, and any other obligations that, by their nature, are intended to survive termination. The User acknowledges and agrees to remain bound by these surviving provisions even after the termination of the Agreement.
Termination by INFLECTIV AI
INFLECTIV AI reserves the right to terminate or suspend access to the Platform for any User, without prior notice, in the event of a violation of this Agreement, engagement in unlawful activities, or failure to comply with applicable laws and regulations. Such termination may result in the immediate revocation of the User's access to both current and future uses of the Platform and Services. The User acknowledges that INFLECTIV AI is not liable for any losses or damages resulting from such termination or suspension.
User Termination
A User may terminate this Agreement at any time by formally closing their account on the Platform. Upon termination, the User’s rights to access and use the Platform and Services shall cease immediately. However, any obligations or liabilities incurred by the User prior to termination shall survive such termination and remain enforceable in accordance with the provisions of this Agreement.
Post-Termination Obligations
Notwithstanding the termination of this Agreement, certain provisions contained within these Terms shall survive and continue to be in effect. These provisions include, but are not limited to, those pertaining to liability, indemnification, intellectual property rights, and any other obligations that, by their nature, are intended to survive termination. The User acknowledges and agrees to remain bound by these surviving provisions even after the termination of the Agreement.
INTELLECTUAL PROPERTY RIGHTS
Ownership of Platform
All intellectual property rights associated with the Platform, including but not limited to its underlying technology, software, content, and any related services, are and shall remain the exclusive property of INFLECTIV AI. By accessing the Platform, you are granted a limited, non-exclusive, non-transferable license to utilize the Platform solely in accordance with these Terms. This license does not grant you any rights of ownership or any other rights to the intellectual property of INFLECTIV AI.
Prohibited Actions
You are strictly prohibited from copying, distributing, reverse-engineering, decompiling, or otherwise exploiting any part of the Platform or its software for any unauthorized purpose. Any violation of these intellectual property rights may result in INFLECTIV AI pursuing legal action against you, including, but not limited to, claims for damages and injunctive relief.
Post-Termination Obligations
Notwithstanding the termination of this Agreement, certain provisions contained within these Terms shall survive and continue to be in effect. These provisions include, but are not limited to, those pertaining to liability, indemnification, intellectual property rights, and any other obligations that, by their nature, are intended to survive termination. The User acknowledges and agrees to remain bound by these surviving provisions even after the termination of the Agreement.
FINAL PROVISIONS
Amendments to Terms
INFLECTIV AI reserves the right to amend or modify these Terms at any time and at its sole discretion. Users will be duly notified of any material changes to the Terms, and your continued use of the Platform following such modifications constitutes your acceptance of the revised Terms. It is your responsibility to review the Terms periodically for updates.
Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Cayman Islands, without regard to its conflict of law principles. Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration conducted in the British Virgin Islands, pursuant to the applicable arbitration laws. The parties agree that arbitration shall be the exclusive remedy for any disputes arising from this Agreement.
Severability
In the event that any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions of the Agreement shall continue in full force and effect. The invalidity of any provision shall not affect the validity of the other provisions, which shall remain enforceable to the fullest extent permitted by law.
Account Registration and Use
Prior to gaining access to certain Services on the INFLECTIV AI Platform, INFLECTIV AI will require you to set up a User ID and password (the “Password(s)”) as set forth in the account registration procedures posted on the INFLECTIV AI Platform. Your User ID must be a name you have the right to use. You agree to comply with the procedures specified by INFLECTIV AI from time to time regarding obtaining and updating Passwords for your User ID. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension by INFLECTIV AI at any time, including upon the misuse of any and the re-issuance or reactivation of Passwords. You agree to ensure that you will use your best efforts to prevent any Third-Party from obtaining your Passwords, and you shall inform INFLECTIV AI immediately in writing of any actual or potential unauthorized access to a Password or to the INFLECTIV AI Platform and/or Services.
In order to make investment commitments, you will be required to have a valid payment method associated with your account. If you have multiple payment methods associated with your account, you will be required to select the payment method you would like to use for each investment commitment made through your account. You are responsible for all charges to the payment method you select when making an investment commitment and disclaim all rights to seek reimbursement for overdraft fees or any other charges you may incur by changing your payment method after an investment commitment has been made.
Third-party Content
Third-parties may provide certain information and content to INFLECTIV AI (“Third-Party Content”). The Third-Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third-parties. Please contact the appropriate Third-Party for further information regarding such terms.
The INFLECTIV AI Platform may provide links to other websites or resources over which INFLECTIV AI does not have control (“External Websites”). Such links do not constitute an endorsement by INFLECTIV AI of those External Websites. You acknowledge that INFLECTIV AI is providing these links to you only as a convenience, and further agree that INFLECTIV AI is not responsible for the content of such External Websites. If you decide to leave INFLECTIV AI and access the External Websites or to use or install any External Website applications, software or content, you do so at your own risk and you should be aware that INFLECTIV AI’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any INFLECTIV AI Platform to which you navigate from INFLECTIV AI or relating to any applications you use or install from the INFLECTIV AI Platform. Your use of External Websites is subject to the terms of use and privacy policies located on the linked to External Websites.
Privacy Policy
Please refer to our privacy policy at https://inflectiv.ai/privacy-policy
No Third-Party Beneficiaries: This agreement is between you and INFLECTIV AI. No User has any rights to force INFLECTIV AI to enforce any rights it may have against any you or any other user, except to the extent that Issuers may enforce their own intellectual property rights related to Content offered through the Services.
Government Use: If You are a part of an agency, department, or other entity authorized by the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defence Federal Acquisition Regulation Supplement as applied to military agencies. The Services and any related software are "commercial item," "commercial computer software" and "commercial computer software documentation". In accordance with such provisions, any use of the Services by the Government shall be governed solely by these Terms.
Indemnification: You agree to defend, indemnify and hold harmless INFLECTIV AI and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys` fees, that arise out of or in connection with your use of the INFLECTIV AI Platform and/or the Services or breach of these Terms.
Disclaimer of Warranty: YOU ACKNOWLEDGE AND AGREE THAT THE INFLECTIV AI PLATFORM AND/OR THE SERVICES ARE BEING PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND MAY INCLUDE CERTAIN ERRORS, OMISSIONS, OUTDATED INFORMATION WHICH MAY AFFECT THE QUALITY OF THE CONTENT. YOU ACKNOWLEDGE THAT THE CONTENT HAVE NOT BEEN INDEPENDENTLY VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY INFLECTIV AI, AND AGREE THAT INFLECTIV AI DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE CONTENT AND FURTHER AGREE THAT INFLECTIV HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT, WHETHER PROVIDED BY INFLECTIV AI OR ITS LICENSORS. INFLECTIV AI MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE INFLECTIV AI PLATFORM’S UP TIME NOR THE USABILITY OR ACCESSIBILITY OF THE INFLECTIV AI PLATFORM BY USERS, INVESTORS, ISSUERS OR VISITORS OF THE INFLECTIV AI PLATFORM. INFLECTIV AI, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE INFLECTIV AI PLATFORM AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE CONTENT AND ANY THIRD-PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INFLECTIV AI PLATFORM AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE INFLECTIV AI PLATFORM IS PROVIDED TO YOU ON AN "AS IS" BASIS AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED. INFLECTIV AI PROVIDES THE SERVICES "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATION THAT THE CONTENT ON THE INFLECTIV AI PLATFORM CONFORM TO YOUR LOCAL LAWS, AND IF YOU ARE ACCESSING THE INFLECTIV AI PLATFORM FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ALONE ARE RESPONSIBLE FOR COMPLIANCE WITH YOUR LOCAL LAWS. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
Limitation of Liability: IN THE CASE OF NEGLIGENCE, NEITHER INFLECTIV AI, NOR ANY OF ITS AFFILIATES, NOR ANY PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, THIRD-PARTY PROVIDERS, OR CONTENT PROVIDERS OF THE FOREGOING SHALL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE INFLECTIV AI PLATFORM OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, TECHNICAL ERRORS, ACCIDENTAL ERRORS, YOUR INABILITY TO ACCESS THE INFLECTIV PLATFORM, THE RESULTS OF YOUR USE OF THE INFLECTIV AI PLATFORM AND/OR THE SERVICES, OR ANY EXTERNAL WEBSITES LINKED TO THE INFLECTIV AI PLATFORM, OR THE CONTENT ON THE INFLECTIV AI PLATFORM, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF INFLECTIV AI WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT INFLECTIV AI OR ANY OF ITS PARTNERS, AGENTS, THIRD-PARTY PROVIDERS OR CONTENT PROVIDERS ARE FOUND TO BE GROSSLY NEGLIGENT OR WILLFUL IN THEIR MISCONDUCT, BY AN ARBITRATOR AUTHORIZED TO ACT BY THESE TERMS, DAMAGES WILL BE LIMITED TO (i) THE VALUE OF YOUR INVESTMENT FOR INVESTORS, (ii) $0.01 FOR USERS, OR (iii) THE TOTAL AMOUNT OF REMUNERATION RECEIVED BY INFLECTIV AI’S FOR EACH ISSUERS’ RELEVANT OFFERING WITH RESPECT TO EACH ISSUER.
E-Signature (E-Sign), E-Delivery and Uniform Electronic Transactions Act (UETA) Disclosure: YOU AGREE YOUR ELECTRONIC SIGNATURE IS THE LEGAL EQUIVALENT OF YOUR MANUAL/HANDWRITTEN SIGNATURE. BY SELECTING "I ACCEPT" USING ANY DEVICE, MEANS OR ACTION, YOU CONSENT TO THE LEGALLY BINDING TERMS AND CONDITIONS OF THE RELEVANT AGREEMENT. YOU ALSO AGREE THAT NO CERTIFICATION AUTHORITY OR OTHER THIRD-PARTY VERIFICATION IS NECESSARY TO VALIDATE YOUR E-SIGNATURE, AND THAT THE LACK OF SUCH CERTIFICATION OR THIRD-PARTY VERIFICATION WILL NOT IN ANY WAY AFFECT THE ENFORCEABILITY OF YOUR E-SIGNATURE OR THE RELEVANT AGREEMENT. YOU HAVE THE RIGHT TO WITHDRAW YOUR CONSENT AT ANY TIME. TO WITHDRAW CONSENT, YOU MAY SEND A WRITTEN REQUEST BY E-MAILING SUPPORT@INFLECTIV.AI. IF CONSENT IS WITHDRAWN, INFLECTIV AI RESERVES THE RIGHT TO DISCONTINUE YOUR ACCESS TO THE INFLECTIV AI PLATFORM, TERMINATE ANY AND ALL AGREEMENTS WITH YOU OR OTHER PARTIES HOSTED ON THE INFLECTIV AI PLATFORM, AND/OR CHARGE YOU ADDITIONAL FEES FOR PAPER COPIES. IF, AFTER YOU CONSENT TO PROVIDE YOUR SIGNATURE ELECTRONICALLY, AND YOU WOULD LIKE A PAPER COPY OF AN ELECTRONIC SIGNATURE, YOU MAY REQUEST A COPY WITHIN ONE HUNDRED EIGHTY (180) DAYS OF THE ELECTRONIC SIGNATURE BY CONTACTING INFLECTIV AI AS DESCRIBED ABOVE. INFLECTIV AI WILL SEND YOUR PAPER COPY TO YOU BY U.S. MAIL. IN ORDER FOR INFLECTIV AI TO SEND PAPER COPIES TO YOU, YOU MUST HAVE A CURRENT STREET ADDRESS ON FILE WITH INFLECTIV AI AS YOUR PRIMARY MAILING ADDRESS. IF YOU REQUEST PAPER COPIES, YOU UNDERSTAND AND AGREE THAT INFLECTIV AI MAY CHARGE YOU A PAPER COMMUNICATIONS FEE FOR EACH COMMUNICATION AT THE CURRENT RATE DETERMINED BY THE COMPANY.
Consent to Electronic Delivery: AS A USER OF THE INFLECTIV AI PLATFORM, YOU SPECIFICALLY AGREE TO RECEIVE, OBTAIN, AND/OR SUBMIT ANY AND ALL DOCUMENTS AND INFORMATION ELECTRONICALLY. THESE DOCUMENTS AND INFORMATION WILL BE COLLECTIVELY KNOWN AS “ELECTRONIC COMMUNICATIONS,” AND WILL INCLUDE, BUT NOT BE LIMITED TO, ANY AND ALL CURRENT AND FUTURE REQUIRED NOTICES AND/OR DISCLOSURES, AND ALL RELEVANT AGREEMENTS RELATING TO YOUR ACTIVITIES ON THE INFLECTIV AI PLATFORM. YOU ACCEPT ELECTRONIC COMMUNICATIONS PROVIDED VIA EMAIL AS REASONABLE AND PROPER NOTICE FOR THE PURPOSE OF FULFILLING ANY AND ALL RULES AND REGULATIONS AND AGREE THAT SUCH ELECTRONIC COMMUNICATIONS FULLY SATISFY ANY REQUIREMENT THAT COMMUNICATIONS BE PROVIDED TO YOU IN WRITING OR IN A FORM THAT YOU MAY KEEP. AS A USER OF THE INFLECTIV AI PLATFORM, YOU ARE RESPONSIBLE FOR KEEPING YOUR PRIMARY EMAIL ADDRESS ON FILE WITH INFLECTIV AI UP TO DATE, SO THAT INFLECTIV AI CAN COMMUNICATE WITH YOU ELECTRONICALLY. YOU UNDERSTAND AND AGREE THAT IF INFLECTIV AI SENDS YOU AN ELECTRONIC COMMUNICATION, BUT YOU DO NOT RECEIVE IT BECAUSE YOUR PRIMARY EMAIL ADDRESS ON FILE IS INCORRECT, OUT OF DATE, BLOCKED BY YOUR INTERNET SERVICE PROVIDER, OR YOU ARE OTHERWISE UNABLE TO RECEIVE ELECTRONIC COMMUNICATIONS, INFLECTIV AI STILL WILL BE DEEMED TO HAVE PROVIDED THE COMMUNICATION TO YOU.
Ownership of Platform
All intellectual property rights associated with the Platform, including but not limited to its underlying technology, software, content, and any related services, are and shall remain the exclusive property of INFLECTIV AI. By accessing the Platform, you are granted a limited, non-exclusive, non-transferable license to utilize the Platform solely in accordance with these Terms. This license does not grant you any rights of ownership or any other rights to the intellectual property of INFLECTIV AI.
Prohibited Actions
You are strictly prohibited from copying, distributing, reverse-engineering, decompiling, or otherwise exploiting any part of the Platform or its software for any unauthorized purpose. Any violation of these intellectual property rights may result in INFLECTIV AI pursuing legal action against you, including, but not limited to, claims for damages and injunctive relief.
Post-Termination Obligations
Notwithstanding the termination of this Agreement, certain provisions contained within these Terms shall survive and continue to be in effect. These provisions include, but are not limited to, those pertaining to liability, indemnification, intellectual property rights, and any other obligations that, by their nature, are intended to survive termination. The User acknowledges and agrees to remain bound by these surviving provisions even after the termination of the Agreement.
FINAL PROVISIONS
Amendments to Terms
INFLECTIV AI reserves the right to amend or modify these Terms at any time and at its sole discretion. Users will be duly notified of any material changes to the Terms, and your continued use of the Platform following such modifications constitutes your acceptance of the revised Terms. It is your responsibility to review the Terms periodically for updates.
Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Cayman Islands, without regard to its conflict of law principles. Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration conducted in the British Virgin Islands, pursuant to the applicable arbitration laws. The parties agree that arbitration shall be the exclusive remedy for any disputes arising from this Agreement.
Severability
In the event that any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions of the Agreement shall continue in full force and effect. The invalidity of any provision shall not affect the validity of the other provisions, which shall remain enforceable to the fullest extent permitted by law.
Account Registration and Use
Prior to gaining access to certain Services on the INFLECTIV AI Platform, INFLECTIV AI will require you to set up a User ID and password (the “Password(s)”) as set forth in the account registration procedures posted on the INFLECTIV AI Platform. Your User ID must be a name you have the right to use. You agree to comply with the procedures specified by INFLECTIV AI from time to time regarding obtaining and updating Passwords for your User ID. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension by INFLECTIV AI at any time, including upon the misuse of any and the re-issuance or reactivation of Passwords. You agree to ensure that you will use your best efforts to prevent any Third-Party from obtaining your Passwords, and you shall inform INFLECTIV AI immediately in writing of any actual or potential unauthorized access to a Password or to the INFLECTIV AI Platform and/or Services.
In order to make investment commitments, you will be required to have a valid payment method associated with your account. If you have multiple payment methods associated with your account, you will be required to select the payment method you would like to use for each investment commitment made through your account. You are responsible for all charges to the payment method you select when making an investment commitment and disclaim all rights to seek reimbursement for overdraft fees or any other charges you may incur by changing your payment method after an investment commitment has been made.
Third-party Content
Third-parties may provide certain information and content to INFLECTIV AI (“Third-Party Content”). The Third-Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third-parties. Please contact the appropriate Third-Party for further information regarding such terms.
The INFLECTIV AI Platform may provide links to other websites or resources over which INFLECTIV AI does not have control (“External Websites”). Such links do not constitute an endorsement by INFLECTIV AI of those External Websites. You acknowledge that INFLECTIV AI is providing these links to you only as a convenience, and further agree that INFLECTIV AI is not responsible for the content of such External Websites. If you decide to leave INFLECTIV AI and access the External Websites or to use or install any External Website applications, software or content, you do so at your own risk and you should be aware that INFLECTIV AI’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any INFLECTIV AI Platform to which you navigate from INFLECTIV AI or relating to any applications you use or install from the INFLECTIV AI Platform. Your use of External Websites is subject to the terms of use and privacy policies located on the linked to External Websites.
Privacy Policy
Please refer to our privacy policy at https://inflectiv.ai/privacy-policy
No Third-Party Beneficiaries: This agreement is between you and INFLECTIV AI. No User has any rights to force INFLECTIV AI to enforce any rights it may have against any you or any other user, except to the extent that Issuers may enforce their own intellectual property rights related to Content offered through the Services.
Government Use: If You are a part of an agency, department, or other entity authorized by the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defence Federal Acquisition Regulation Supplement as applied to military agencies. The Services and any related software are "commercial item," "commercial computer software" and "commercial computer software documentation". In accordance with such provisions, any use of the Services by the Government shall be governed solely by these Terms.
Indemnification: You agree to defend, indemnify and hold harmless INFLECTIV AI and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys` fees, that arise out of or in connection with your use of the INFLECTIV AI Platform and/or the Services or breach of these Terms.
Disclaimer of Warranty: YOU ACKNOWLEDGE AND AGREE THAT THE INFLECTIV AI PLATFORM AND/OR THE SERVICES ARE BEING PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND MAY INCLUDE CERTAIN ERRORS, OMISSIONS, OUTDATED INFORMATION WHICH MAY AFFECT THE QUALITY OF THE CONTENT. YOU ACKNOWLEDGE THAT THE CONTENT HAVE NOT BEEN INDEPENDENTLY VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY INFLECTIV AI, AND AGREE THAT INFLECTIV AI DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE CONTENT AND FURTHER AGREE THAT INFLECTIV HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT, WHETHER PROVIDED BY INFLECTIV AI OR ITS LICENSORS. INFLECTIV AI MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE INFLECTIV AI PLATFORM’S UP TIME NOR THE USABILITY OR ACCESSIBILITY OF THE INFLECTIV AI PLATFORM BY USERS, INVESTORS, ISSUERS OR VISITORS OF THE INFLECTIV AI PLATFORM. INFLECTIV AI, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE INFLECTIV AI PLATFORM AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE CONTENT AND ANY THIRD-PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INFLECTIV AI PLATFORM AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE INFLECTIV AI PLATFORM IS PROVIDED TO YOU ON AN "AS IS" BASIS AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED. INFLECTIV AI PROVIDES THE SERVICES "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATION THAT THE CONTENT ON THE INFLECTIV AI PLATFORM CONFORM TO YOUR LOCAL LAWS, AND IF YOU ARE ACCESSING THE INFLECTIV AI PLATFORM FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ALONE ARE RESPONSIBLE FOR COMPLIANCE WITH YOUR LOCAL LAWS. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
Limitation of Liability: IN THE CASE OF NEGLIGENCE, NEITHER INFLECTIV AI, NOR ANY OF ITS AFFILIATES, NOR ANY PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, THIRD-PARTY PROVIDERS, OR CONTENT PROVIDERS OF THE FOREGOING SHALL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE INFLECTIV AI PLATFORM OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, TECHNICAL ERRORS, ACCIDENTAL ERRORS, YOUR INABILITY TO ACCESS THE INFLECTIV PLATFORM, THE RESULTS OF YOUR USE OF THE INFLECTIV AI PLATFORM AND/OR THE SERVICES, OR ANY EXTERNAL WEBSITES LINKED TO THE INFLECTIV AI PLATFORM, OR THE CONTENT ON THE INFLECTIV AI PLATFORM, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF INFLECTIV AI WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT INFLECTIV AI OR ANY OF ITS PARTNERS, AGENTS, THIRD-PARTY PROVIDERS OR CONTENT PROVIDERS ARE FOUND TO BE GROSSLY NEGLIGENT OR WILLFUL IN THEIR MISCONDUCT, BY AN ARBITRATOR AUTHORIZED TO ACT BY THESE TERMS, DAMAGES WILL BE LIMITED TO (i) THE VALUE OF YOUR INVESTMENT FOR INVESTORS, (ii) $0.01 FOR USERS, OR (iii) THE TOTAL AMOUNT OF REMUNERATION RECEIVED BY INFLECTIV AI’S FOR EACH ISSUERS’ RELEVANT OFFERING WITH RESPECT TO EACH ISSUER.
E-Signature (E-Sign), E-Delivery and Uniform Electronic Transactions Act (UETA) Disclosure: YOU AGREE YOUR ELECTRONIC SIGNATURE IS THE LEGAL EQUIVALENT OF YOUR MANUAL/HANDWRITTEN SIGNATURE. BY SELECTING "I ACCEPT" USING ANY DEVICE, MEANS OR ACTION, YOU CONSENT TO THE LEGALLY BINDING TERMS AND CONDITIONS OF THE RELEVANT AGREEMENT. YOU ALSO AGREE THAT NO CERTIFICATION AUTHORITY OR OTHER THIRD-PARTY VERIFICATION IS NECESSARY TO VALIDATE YOUR E-SIGNATURE, AND THAT THE LACK OF SUCH CERTIFICATION OR THIRD-PARTY VERIFICATION WILL NOT IN ANY WAY AFFECT THE ENFORCEABILITY OF YOUR E-SIGNATURE OR THE RELEVANT AGREEMENT. YOU HAVE THE RIGHT TO WITHDRAW YOUR CONSENT AT ANY TIME. TO WITHDRAW CONSENT, YOU MAY SEND A WRITTEN REQUEST BY E-MAILING SUPPORT@INFLECTIV.AI. IF CONSENT IS WITHDRAWN, INFLECTIV AI RESERVES THE RIGHT TO DISCONTINUE YOUR ACCESS TO THE INFLECTIV AI PLATFORM, TERMINATE ANY AND ALL AGREEMENTS WITH YOU OR OTHER PARTIES HOSTED ON THE INFLECTIV AI PLATFORM, AND/OR CHARGE YOU ADDITIONAL FEES FOR PAPER COPIES. IF, AFTER YOU CONSENT TO PROVIDE YOUR SIGNATURE ELECTRONICALLY, AND YOU WOULD LIKE A PAPER COPY OF AN ELECTRONIC SIGNATURE, YOU MAY REQUEST A COPY WITHIN ONE HUNDRED EIGHTY (180) DAYS OF THE ELECTRONIC SIGNATURE BY CONTACTING INFLECTIV AI AS DESCRIBED ABOVE. INFLECTIV AI WILL SEND YOUR PAPER COPY TO YOU BY U.S. MAIL. IN ORDER FOR INFLECTIV AI TO SEND PAPER COPIES TO YOU, YOU MUST HAVE A CURRENT STREET ADDRESS ON FILE WITH INFLECTIV AI AS YOUR PRIMARY MAILING ADDRESS. IF YOU REQUEST PAPER COPIES, YOU UNDERSTAND AND AGREE THAT INFLECTIV AI MAY CHARGE YOU A PAPER COMMUNICATIONS FEE FOR EACH COMMUNICATION AT THE CURRENT RATE DETERMINED BY THE COMPANY.
Consent to Electronic Delivery: AS A USER OF THE INFLECTIV AI PLATFORM, YOU SPECIFICALLY AGREE TO RECEIVE, OBTAIN, AND/OR SUBMIT ANY AND ALL DOCUMENTS AND INFORMATION ELECTRONICALLY. THESE DOCUMENTS AND INFORMATION WILL BE COLLECTIVELY KNOWN AS “ELECTRONIC COMMUNICATIONS,” AND WILL INCLUDE, BUT NOT BE LIMITED TO, ANY AND ALL CURRENT AND FUTURE REQUIRED NOTICES AND/OR DISCLOSURES, AND ALL RELEVANT AGREEMENTS RELATING TO YOUR ACTIVITIES ON THE INFLECTIV AI PLATFORM. YOU ACCEPT ELECTRONIC COMMUNICATIONS PROVIDED VIA EMAIL AS REASONABLE AND PROPER NOTICE FOR THE PURPOSE OF FULFILLING ANY AND ALL RULES AND REGULATIONS AND AGREE THAT SUCH ELECTRONIC COMMUNICATIONS FULLY SATISFY ANY REQUIREMENT THAT COMMUNICATIONS BE PROVIDED TO YOU IN WRITING OR IN A FORM THAT YOU MAY KEEP. AS A USER OF THE INFLECTIV AI PLATFORM, YOU ARE RESPONSIBLE FOR KEEPING YOUR PRIMARY EMAIL ADDRESS ON FILE WITH INFLECTIV AI UP TO DATE, SO THAT INFLECTIV AI CAN COMMUNICATE WITH YOU ELECTRONICALLY. YOU UNDERSTAND AND AGREE THAT IF INFLECTIV AI SENDS YOU AN ELECTRONIC COMMUNICATION, BUT YOU DO NOT RECEIVE IT BECAUSE YOUR PRIMARY EMAIL ADDRESS ON FILE IS INCORRECT, OUT OF DATE, BLOCKED BY YOUR INTERNET SERVICE PROVIDER, OR YOU ARE OTHERWISE UNABLE TO RECEIVE ELECTRONIC COMMUNICATIONS, INFLECTIV AI STILL WILL BE DEEMED TO HAVE PROVIDED THE COMMUNICATION TO YOU.
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