Terms of Service
IMPORTANT:
PLEASE READ ALL OF THE FOLLOWING TERMS OF SERVICE (THESE “TERMS”) CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE (BUT ARE NOT LIMITED TO) VARIOUS LIMITATIONS AND EXCLUSIONS, A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
DocuSight AI provides an online subscription-based interactive website that allows for an interactive artificially intelligence driven chat experience (the "Site" as further defined below). The Site is herein after referred to as the "Platform." The Platform may be accessible by website (including through the Site), mobile applications, or otherwise.
These Terms include not only the following Terms of Service, but also incorporate by reference all policies, guidelines, special or supplement terms and conditions of use or service posted by us on through the Platform from time to time and as such may be amended, modified, supplement or restated by DocuSight AI from time to time. Our Privacy Policy available at https://DocuSightAI.com/privacy-policy (“Privacy Policy”) informs you of DocuSight AI's collection and use of your information (if any), including your Personal Information as defined in the Privacy Policy, in relation to your use of our Platform and/or other related products or services we may make available to you via or in relation to your use of the Platform.
By accessing, browsing, submitting any information, to or through, or otherwise in any manner using the Platform, and linking to these Terms or by accessing, submitting any information to or through, or otherwise in any manner using any service offered on or though this Platform, You acknowledge that you have read and understand, and agree to be bound by and to comply with all of these Terms. If you do not agree to all of these Terms without any modification by you, you are not authorized to and must not access or use this Platform.
Any person who visits, uses, or accesses this Platform is referred to as a User. Users are also referred to in these Terms as “You”, “you”, “Your”, or “your.” If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “You”, “you”, “Your”, or “your” will refer and apply to that company or other legal entity.
Definitions
The following terms used in these Terms with their initial letters capitalized, and those terms defined in the introductory paragraphs or elsewhere in these Terms, throughout these Terms have the meanings provided.
“Account”
means with respect to Users, the account created by us on or through the Platform for a User’s use in connection with certain User Features as may be offered from time to time through the Platform.
“Collective Content”
means DocuSight AI Content and User Content.
“Content”
means any text, graphics, images, music, software (excluding any DocuSight AI Software), audio, video, information, or other electronically stored data.
“Governmental Authority”
means any domestic or foreign, federal, state, local, provincial, county, or municipal or supra national government or political subdivision thereof, or any agency, instrumentality, subdivision, court, tribunal, commission or other authority of such government or political subdivision, or any self-regulated, private, non-governmental or quasigovernmental organization, body or authority (to the extent that the rules, regulations or orders thereof have the force of Law).
“Intellectual Property Rights”
means, with respect to any thing, material or work (hereinafter, a “Work”): (a) any and all worldwide copyrights, trademarks, trade secrets and any other intellectual property and proprietary rights and legal protections in and to such Work including but not limited to all rights under treaties and conventions and applications related to any of the foregoing; (b) all patents, patent applications, registrations and rights to make applications and registrations for the foregoing; (c) all goodwill associated with the foregoing; (d) all renewals, extensions, reversions or restorations of all such rights; (e) all works based upon, derived from, or incorporating the Work; (f) all income, royalties, claims, and payments now or hereafter due or payable with respect thereto; (g) all causes of action, either in law or in equity for past, present or future infringement based on the Work; (h) all rights corresponding to each of the foregoing throughout the world; and (i) all the rights embraced or embodied therein, including but not limited to, the right to duplicate, reproduce, copy, distribute, publicly perform, display, license, adapt, prepare derivative works from the Work, together with all physical or tangible embodiments of the Work.
“Law”
or
“Laws”means, as amended from time to time, any domestic or foreign federal, state, local, provincial, county, or municipal or supra national Law (including common law), rule, regulation, statute, treaty, constitution, ordinance, decree, code, proclamation, policy, procedure, guideline, standard, order, judgment, or other legally enforceable requirement enacted, issued, adopted, promulgated, enforced, ordered, or applied by any governmental authority.
“Platform”
has the meaning ascribed to it in the second paragraph of these Terms, above, namely the Site.
“Services”
means collectively all services DocuSight AI offers through the Platform to Users, including the Site, any User Feature, DocuSight AI Content, and DocuSight AI Software, among others.
“Site”
means the website located at www.DocuSightAI.com or its sub-domains.
“User Content”
means all Content that a User provides, posts, uploads, publishes, submits, transmits, or makes available on the Platform, including but not limited to all such Content provided for purposes of establishing, initializing, modify, or creating an Account. User Content also means any input that includes but not limited to Portable Document Format (PDF), DOC and DOCX files, JPEG, TIFF, RTF, BMP, GIF, CSV, .EXE, MOV, WAV, or Image File Format to the Platform ("Input"), and receives an output generated an returned by the Services based on the Input (referred to as "Output"). Input and Output are collectively herein after referred to as the "User Content." Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for other users. For example, similar questions from different users may receive similar responses. Responses that are requested by and generated for other users are not considered Your content.
“User Feature”
means any feature or functionality of the Platform which DocuSight AI may designate from time to time for use by Users for or in connection with the DocuSight AI Services.
“User”
means any person or entity that uses or accesses the Platform or any User Feature, including but not limited to any person or entity who completes the Account registration process described under the “Account Registration” section below and who remains in good standing and has not otherwise been restricted or terminated by DocuSight AI.
“DocuSight AI Content”
means all Content that DocuSight AI makes available through the Platform including any Content licensed from a third party but excluding User Content.
“DocuSight AI Software”
means any software, html, or other code, at any time or from time to time, in whole or in part, comprising the Platform or utilized by DocuSight AI through the Platform.
“DocuSight AI”, “we”, “us”
, or
“our,”shall refer to DocuSight AI LLC .
Acknowledgements and Disclaimers
Explanation of the Site
DocuSight AI provides an interactive artificially intelligence driven chat experience website, the Site, through which Users can upload User Content to the Site and the machine learning aspect of the Site is capable of interacting via a chat experience with the User based on the User Content uploaded to the Site.
Disclaimers
NEITHER WE NOR ANY OF OUR THIRD-PARTY LICENSORS OR SUPPLIERS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO ANY ASPECT OF THE PLATFORM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE PLATFORM WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF HARMFUL COMPONENTS, THAT ANY CONTENT, FILES, DATA OR OTHER MATERIALS (INCLUDING BUT NOT LIMITED TO ANY MEMBER CONTENT) UPLOADED TO, DOWNLOADED FROM, OR STORED BY OR WITHIN THE PLATFORM WILL BE TIMELY, CURRENT OR SECURE, OR WILL NOT BE LOST, CORRUPTED OR OTHERWISE DAMAGED OR IMPAIRED, OR THAT WE WILL BE ABLE TO PREVENT DISRUPTION OF OR TO ANY OF THE PLATFORM OR THAT WE WILL CORRECT ANY DEFECTS.
IN NO EVENT WILL DOCUSIGHT AI BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY INFORMATION OBTAINED THROUGH THE SERVICES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF DOCUSIGHT AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW.Explanation of the Site
DocuSight AI provides an interactive artificially intelligence driven chat experience website, the Site, through which Users can upload User Content to the Site and the machine learning aspect of the Site is capable of interacting via a chat experience with the User based on the User Content uploaded to the Site.
Explanation of the Site
DocuSight AI provides an interactive artificially intelligence driven chat experience website, the Site, through which Users can upload User Content to the Site and the machine learning aspect of the Site is capable of interacting via a chat experience with the User based on the User Content uploaded to the Site.
Modification of Platform or Terms
DocuSight AI reserves the right, at its sole discretion, to modify the Platform or to modify these Terms at any time and without prior notice, and without penalty. If we modify these Terms – which may include updating, revising, amending, supplementing, restating, or terminating these Terms – we will either post the modification on the Platform or otherwise provide you with notice of the modification. Please also refer to the “Last Updated” date indicated at the beginning of these Terms. Through continued access or use of the Platform after DocuSight AI has posted a modification thereon or has provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you must discontinue use of the Platform.User Eligibility
The use of this Platform is intended for persons who must be at least 13 years of age or older. If you are a person under the age of 18 years of age, you must have your parent or legal guardian's permission to use the Services. By accessing or utilizing any User Features on or through the Platform you represent and warrant that you are 18 years of age or older, or have permission by a parent or legal guardian to access or use the Services.Accounts
Registration, Profile, and User Content
From time to time in order to access certain User Features you may be required to register to create an Account. You may register directly via the Platform or as described in this Section.
As a User, your Account and your Account profile page will be created based upon the User Content you provide to us. In some instances, DocuSight AI will provide you, either in person or by electronic means, information necessary to establish your Account. Any information that you provide, publish or post to or through the Platform (including any profile information you provide) or send to other Users (including via any feedback, text, any email feature, or through any DocuSight AI-related Facebook, Twitter or other social media posting) will be considered User Content. You consent to us using your User Content to create an Account that will allow you to utilize certain User Features of the site reserved for our Account-holders. Our collection and use of personal information in connection with the Platform is as provided in DocuSight AI's Privacy Policy located at www.DocuSightAI.com/privacy-policy.
As a User, you are the sole authorized user of your Account (if applicable) and are responsible for maintaining the confidentiality of any password provided by you or DocuSight AI for accessing User Features. You are solely and fully responsible for all activities that occur under your Account (even if that content or activity occurs from other individuals who have accessed the Platform and other Services through your Account), and DocuSight AI expressly disclaims any liability arising from the unauthorized access or use of your Account. You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services If at any time you suspect that any unauthorized party may be using your Account or you suspect any other breach of security, you agree to notify us immediately.
Processing of Personal Data
If you use the Services to process personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to DocuSight AI that you are processing such data in accordance with applicable law.
Limitation, Suspension, Termination, and Cancellation of Accounts
As a User, you may not have more than one (1) Account with DocuSight AI at any given time. You must (and you agree to) provide accurate, current, and complete information as requested or prompted during or in connection with the Account registration process, and to promptly update such information to keep it accurate, current, and complete. DocuSight AI reserves the right to suspend, restrict, or terminate your Account and your access to the User Features if you provide any false or misleading information, or otherwise violate any of these Terms.
DocuSight AI may, in our sole discretion and without thereby incurring any liability to you or otherwise, with or without cause, with or without prior notice and at any time, limit, suspend, deactivate, or cancel your Account and/or otherwise deny you access to the User Features.
You may cancel your Account at any time via the “Cancel Account” or other similarly designated feature of the Platform, or by notifying us thereof by e-mail at support@DocuSightAI.com.
DocuSight AI Communications
By becoming a User, you acknowledge that we may from time to time and as needed communicate with you by various means, including via e-mail, text message, telephone calls, and push notifications to the telephone number you provide to us, in relation to your use of the Platform, among others. Please note that this may include communications generated by automatic telephone dialing systems or other methods and systems, which will deliver prerecorded messages sent by or on behalf of DocuSight AI, its affiliated companies, or other Users, including but not limited to operational communications concerning the Platform, use of User Features or other Services, and updates concerning new and existing features on the Platform.
In other instances, we will seek your consent to receive our communications before contacting you by asking you to “opt-in” to such communications. This may include receiving our newsletter, promotions and promotional materials provided by DocuSight AI or third parties, and updates and news concerning DocuSight AI.
Where we have already received your opt-in consent to receive certain communications, IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER SUCH “OPT-IN” COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS THAT ARE PROVIDED TO YOU ON THE PLATFORM OR VIA THE COMMUNICATION, IF APPLICABLE (e.g., the “unsubscribe” button in our promotional emails). Standard text messaging charges applied by your telephone phone carrier will apply to text messages we send.
Payments and Authorizations
Registration, Profile, and User Content
You agree to pay DocuSight AI for all fees and charges associated with the Services, if any. All fees and charges are due in full at the confirmation of your order. In the case of recurring subscriptions for certain User Features, all fees and charges are due on a recurring basis as explained in connection with such User Features. Please refer to our Subscription Terms located at www.DocuSightAI.com/subscription-terms for more information about payment and subscription terms applicable to the Site.
In connection your use of the User Features (including during your Account registration), you may be asked to provide customary billing information such as name, billing address and credit card or other payment information either to DocuSight AI or its third-party payment processor(s) (including by or through the applicable application store, such as the Apple App Store or Google Play Store). You agree to pay DocuSight AI for any purchases in connection with your Account or your use of any of the User Features, or otherwise provided to you or on your behalf, in each case by one of the payment methods from time to time described on provided for on the Platform, including the charging of the credit card account. You hereby authorize the payment and collection of any and all such amounts by the charging of the credit card, or via such other payment method provided for under your Account. If you are directed to any DocuSight AI third party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices.
DocuSight AI does not control, and is not responsible for, any fees or charges that may be charged to a User by your bank, financial institution, or payment provider, with respect to DocuSight AI’s collection of fees or payments, and DocuSight AI expressly disclaims all (and you agree that DocuSight AI will have no) liability in this regard.
Disputes and Late Payments
If you want to dispute any fees, please contactsupport@DocuSightAI.com within (30) days of the date of the disputed invoice. Undisputed amounts past due may be subject to a finance charge of 1.5% of the unpaid balance per month. If any amount of your fees are past due, we may suspend your access to the Services after we provide you written notice of late payment.
User Conduct
You understand and agree that you alone are responsible, at your sole cost and expense, for compliance with any and all Laws that may apply to your use of the Platform or any feature thereof. In connection with your use of the Platform, you must not, and you agree that you shall never do or attempt to do any of the following:
- violate any applicable Law or these Terms;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other features or services contained in or comprising the Platform;
- use the Platform or any part thereof or any feature or functionality accessed on or through the Platform for any commercial or other purposes that are not expressly permitted by these Terms;
- interfere with or damage the Platform, or any part thereof or any feature or functionality accessed on or through the Platform;
- use the Platform, or any part thereof or any feature or functionality accessed on or through the Platform to transmit, distribute, post, or submit any information concerning any other person or entity;
- use the Platform for the distribution of unsolicited commercial email (“spam”);
- stalk, harass, or bully any other user of the Platform;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- post, upload, publish, submit or transmit any Content that (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property Rights, or rights of publicity or privacy, (ii) violates, or encourages any conduct that would violate, any applicable Law or regulation or would give rise to civil liability, (iii) is fraudulent, false, misleading or deceptive, (iv) is defamatory, obscene, pornographic, vulgar or offensive, (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, (vi) is violent or threatening or promotes violence or actions that are threatening to any other person, or (vii) promotes illegal or harmful activities or substances;
- use, display, mirror or frame the Platform;
- access, tamper with, or use non-public areas of the Platform;
- attempt to probe, scan, or test the vulnerability of the Platform or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by DocuSight AI to protect the Platform; or
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software including but not limited to the code, algorithm, or components used to provide the Platform or any feature or functionality thereof.
DocuSight AI at all times has the right to investigate and may prosecute violations of any of the foregoing to the fullest extent of the Law. DocuSight AI reserves the right, at any time and without prior notice, to remove or disable access to any materials that DocuSight AI, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform.
Intellectual Property and User License Agreement
General Intellectual Property Provisions
The Platform is protected by copyright, trademark, and other Laws of the United States and foreign countries. You acknowledge and agree that the Platform, Services, and DocuSight AI Content, including all associated Intellectual Property Rights, are the exclusive property of DocuSight AI and its licensors (hereinafter “DocuSight AI Intellectual Property”). You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform or Collective Content. All trademarks, trade names, and source identifiers of DocuSight AI used on or in connection with the Platform are trademarks or registered trademarks of DocuSight AI. Trademarks, trade names, and any other source identifiers of third parties used on or in connection with the Platform are used for identification purposes only and may be the property of their respective owners.
Nothing in these Terms grants, transfers or conveys, nor may be construed or operate as a grant, transfer or conveyance, to any User or any other person of any right, title or interest in or to any of DocuSight AI Intellectual Property therein, including but not limited to any DocuSight AI Content or any trademark, trade name, service mark or other proprietary identifying symbols used by us from time to time on or in connection with the Platform, or any feature or functionality thereof. No User or other person may use any of DocuSight AI Intellectual Property without in each case first obtaining our prior written consent, which consent may be withheld in our sole and absolute discretion. All goodwill arising from or incident to any use of DocuSight AI Intellectual Property shall inure exclusively to us or our third-party licensors as applicable.
Non-Assertion
You agree you shall not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, business partners, licensors, licensees or transferees, any patent infringement or other Intellectual Property infringement claim with respect to the Platform.
DocuSight AI License
DocuSight AI grants Users a limited, non-exclusive, non-transferable right and license, to (i) access and use the Platform; (ii) access and view any DocuSight AI Content solely for your use of the Platform and (iii) access and view any User Content to which you are permitted access, solely for your use of the Platform. You have no right to sublicense the license rights granted in this section. You agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise to DocuSight AI Intellectual Property, except for the licenses and rights expressly granted in these Terms.
User Content License
DocuSight AI may, in our sole discretion, permit you to post, upload, publish, submit, or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to DocuSight AI a worldwide, irrevocable, perpetual (or for the term of the protection), nonexclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, create derivative works (as defined in 17 U.S.C. § 101) from, and otherwise exploit such User Content on, through, by means of, or to promote or market the Platform. Except as set forth herein, DocuSight AI does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. Notwithstanding the foregoing, all derivative works (as defined in 17 U.S.C. § 101) resulting from User Content that is created or authored by DocuSight AI or otherwise associated with any subsequent research by DocuSight AI or its affiliates or contractors, shall become the property of the DocuSight AI.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform. Accordingly, you represent and warrant that (i) you either are the sole and exclusive owner of all User Content that you make available through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to DocuSight AI the rights in such User Content, as contemplated under these Terms, and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or DocuSight AI’s use of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary rights or Intellectual Property, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Your User Content may, at DocuSight AI's sole discretion, be stored in a digitally secured repository for 30 days, and you agree to allow DocuSight AI and its authorized licensors and contractors to check your User Content for illegal content.
Suggestions
If you provide any suggested improvement(s) to the Platform or any feature or functionality thereof (each a “Suggestion” and collectively “Suggestions”) to DocuSight AI, we will own all right, title and interest (including any Intellectual Property Rights) in and to any Suggestion even if the person making the Suggestion has designated the Suggestion as confidential or proprietary. DocuSight AI shall be entitled to use and exploit any Suggestion without restriction. You must, and hereby do, irrevocably assign to DocuSight AI all right, title and interest (including all Intellectual Property Rights) in and to all Suggestions (if any) and agree to provide us or our designees with any assistance we may, or they may reasonably request or require from time to time to further document, perfect and maintain our rights in any Suggestion.
Notice of Alleged Infringement
If you are an intellectual property owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged infringements taking place on or through the Platform by submitting a complete Notice of Alleged Infringement as described below and delivering it to DocuSight AI. Upon receipt of the Notice as described below, DocuSight AI will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing content from the Platform.
- Provide your mailing address, telephone number, and, if available, email address.
- Identify the intellectual property that you claim has been infringed by providing a comprehensive list of the items (works, trademarks, etc.) that you claim have been infringed. If your work is registered with the United States Patent and Trademark Office, United States Copyright Office, or other intellectual property office or jurisdiction, you must include copies of the registration certificates or information sufficient to confirm that such work is in in fact protected.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Platform where such material may be found.
- Provide your full legal name and electronically sign and affirm the following statement: "I hereby affirm that I have a good faith belief that the disputed use of the material is not authorized by the owner, its agent, or the law (e.g., as a fair use). I affirm that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the Intellectual Property or of an exclusive right under the Intellectual Property that is allegedly infringed."
- Deliver this Notice, with all items completed, to DocuSight AI by email to copyright@DocuSightAI.com.
Accuracy
Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe and beneficial. Because of the probabilistic nature of machine learning, use of our Services in some situations may result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by u sing human review of the Output. DocuSight AI is not responsible or liable for the accuracy of the Output and agree that You are solely and fully responsible for all Output that is a result of the use of DocuSight AI's Services.
Affiliate Marketing; Third Party Websites, Applications, Links, and Resources
The Platform may contain links to or otherwise interface or connect with third party websites or resources, such social media sites, and payment processors. You acknowledge and agree that DocuSight AI is not responsible or liable for (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources.
AFFILIATE MARKETING DISCLAIMER:
In addition, in some instances and from time to time we may provide through the Platform links to certain third-party products and services and those links may be affiliate links. If you click on those links and chose to make a purchase from such a third party, we may in certain instances earn a small commission from that third party. The commission is paid to us by the third party, not from you and you will incur no additional cost
Links to such websites or resources do not imply any endorsement by DocuSight AI of any thirdparty websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM, OR ANY FEATURE OR SERVICE ACCESSED OR OFFERED ON OR THROUGH THE PLATFORM REMAINS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DOCUSIGHT AI NOR ANY OF OUR AGENTS, REPRESENTATIVES, CONTRACTORS OR AFFILIATES, SHALL BE LIABLE TO ANY USER, ANY USER, ANY GUESTS OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, FILES, DATA, CONTENT, BUSINESS, OPPORTUNITIES, REVENUES, ANTICIPATED SAVINGS OR OTHERWISE (EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR FOR ANY DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS IN CONNECTION WITH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SYSTEM OR ANY SERVICE OR ANY PART THEREOF, (II) THE PROVISION OF OR FAILURE TO PROVIDE, OR ANY INTERRUPTION OF, ANY DOCUSIGHT AI SERVICE OR ANY OTHER SERVICE, (III) ANY INFORMATION, SOFTWARE, PRODUCT, SERVICE, DATA, FILE, CONTENT, OR MATERIALS STORED ON, OBTAINED THROUGH, UPLOADED TO OR DOWNLOADED FROM THE SYSTEM OR ANY SERVICE, OR ANY DAMAGE TO OR CORRUPTION OR LOSS OF ANY OF THE FOREGOING, (IV) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR CONTENT, OR (V) ANY ACCESS TO OR USE OF, OR ANY INABILITY TO ACCESS OR USE ANY CONTENT OR MATERIALS.
IN THE EVENT THAT NOTWITHSTANDING THE PROVISIONS OF THE FOREGOING PARAGRAPHS OF THIS SECTION, WE (OR ANY OF OUR AGENTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES OR THIRD PARTY LICENSORS OR SUPPLIERS) ARE FOUND LIABLE TO ANY USER, USER OR GUEST OR OTHERWISE FOR DAMAGES FROM ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, THE AGGREGATE AMOUNT OF ALL SUCH LIABILITY SHALL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO US BY USER OR YOU (AS APPLICABLE) FOR AND WITH RESPECT TO THE PARTICULAR SERVICES THAT GIVE RISE TO SUCH CLAIM IN WHICH THE CAUSE OF ACTION ACCRUED.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification
You agree and must at all times indemnify, defend and hold DocuSight AI and its third party suppliers or licensors, each of our and their business partners and each of our and their respective employees, officers, directors, managers and representatives (each an “Indemnitee” and collectively the “Indemnitees”), harmless from and against any and all losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including attorneys’ fees and court costs) suffered or incurred by any of the Indemnitees as a result of any third party claim, action, suit, or proceeding arising out of or incident to (i) any User or other person’s use of or access to the Platform in a manner not authorized by these Terms, or in violation of any applicable laws, (ii) Content including any claim involving infringement or misappropriation of third party rights or the use, development, design, manufacture, production, advertising, promotion or marketing of User Content, (iii) any breach by User or any other person of any term or condition of these Terms, including without limitation, any representation and warranty hereunder, or (iv) any act, omission or misconduct of User or any other person using or accessing the Platform.
We will promptly notify you of any claim which we become aware of and which we believe to be subject to indemnification under this Section; provided that our failure to promptly notify you shall not affect your indemnification obligations hereunder except to the extent that our failure to promptly notify you materially prejudices your ability to defend the claim. At our option, you will have the right to defend against any such claim(s) with counsel of your own choosing (subject to a conflicts assessment), and to settle such claim as you deem appropriate, provided that you (nor any Person acting on your behalf) may enter into any settlement without DocuSight AI’s prior written consent (which may be conditioned or withheld in our sole and absolute discretion) and provided that we may, at any time, elect to take over control of the defense and settlement of any claim.
Dispute Resolution
Arbitration
Rules and Governing Law
Process
Location and Procedure
Decision
Fees
Changes
You and DocuSight AI agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Platform (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief (and associated legal relief) in a court of competent jurisdiction to redress or prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights. You acknowledge and agree that you and DocuSight AI are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding. Further, unless both you and DocuSight AI otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. Disputes must be brought on an individual bases only, and may not be brought as plaintiff or class member in any purported class, consolidated, or representative proceeding.
This agreement to arbitrate evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The AAA Rules are available at www.adr.org/Rules. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Georgia and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and DocuSight AI otherwise agree, the arbitration will be conducted in Fulton County, Georgia, United States. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and DocuSight AI submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the “Modification” section above, if DocuSight AI changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of DocuSight AI’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and DocuSight AI in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
General Provisions
Notices
Controlling Law and Jurisdiction
Severability
Waiver and Enforceability
Third Party Beneficiary
Term and Termination
Survival
Entire Agreement
Assignment
How to Contact Us
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by DocuSight AI (i) via email (in each case to the address that you provide) or (ii) by posting to the Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Fulton County, Georgia or a United States District Court, Northern District of Georgia located in Gainesville County, Georgia for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights, as set forth in the Dispute Resolution provision.
If any provision of these Terms, or the application of such provision, is held invalid by a court of competent jurisdiction, the remainder of these Terms, and the application of such provision to persons, entities, or circumstances other than those with respect to which it is held invalid, shall not be affected.
The failure of DocuSight AI to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
These Terms are effective upon your access and use of the Platform or of any User Feature, as amended by any modifications made by DocuSight AI as outlined at the start of these Terms. You may discontinue your use of User Features at any time, for any reason. We may revoke your permission to access the Platform or any or all User Features, at any time, for any reason, with or without notice to you. We reserve the right to refuse access to the Platform or any User Feature to any User for any reason not prohibited by applicable Law. Either party may terminate the Terms for any reason upon written notice to the other party.
Sections I (Definitions), II (Acknowledgments and Disclaimers), IX (Intellectual Property and User License Agreement), XI (Limitation of Liability), XII (Indemnification), XIII (Dispute Resolution), and XIV (General Provisions) shall survive termination of these Terms.
These Terms constitute the entire and exclusive understanding and agreement between DocuSight AI and you regarding the Platform, any Services rendered via the Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between DocuSight AI and you regarding the Platform.
These Terms are neither assignable, transferrable nor delegable by you whether by operation of Law or otherwise. Any attempt by you to assign, transfer, or delegate any of these Terms, will be null and void and of no effect. DocuSight AI may assign, transfer, or delegate these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the respective parties, their successors and permitted assigns.
If you have any questions regarding these Terms or our privacy practices, you can contact us at:
DOCUSIGHT AI LLC
Attn: DocuSight AI Support Team
1029 Peachtree Parkway N.
Suite 270
Peachtree City, GA 30269
by email at: Privacy@DocuSightAI.com
