Terms of Service

Published on
1Introduction

Welcome to AUXEB.COM. This Terms of Use Agreement (the "Agreement") is a legally binding agreement between you (the "User") and MIDWEST AI FOUNDATION (the "Company"), a limited liability company located in the United States, governing the use of the AUXEB.COM website (the "Website") and any associated developer software development kits ("SDKs"). By accessing or using the Website or SDK, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, you should not use or access the Website.

To ensure consistency between the use of the Website and the SDKs, the User agrees that all terms and conditions in this Agreement relating to the Website also apply to the SDKs. The User's use of the SDKs shall be subject to the same restrictions, terms, and conditions as the use of the Website, including but not limited to those relating to Eligibility, Privacy Policy, Intellectual Property, General Use, Prohibited Use, Termination, Disputes, and General Provisions.

2Eligibility

The use of the Website is limited to individuals who are 18 years of age or older. By using the Website, you represent and warrant that you are at least 18 years of age.

3Privacy Policy

The Company's Privacy Policy can be found here and is incorporated by reference into this Agreement.

4Intellectual Property
  1. 4.1Ownership

    The Website and its contents, including but not limited to all text, graphics, logos, images, and software, are the property of the Company or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

  2. 4.2Limited License

    The Company grants the User a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal or commercial use, subject to the terms and conditions of this Agreement.

  3. 4.3Trademarks

    The Company reserves all rights in and to its trademarks, including but not limited to AUXEB.COM.

  4. 4.4Copyright

    The Company reserves all rights in and to its copyrights, including but not limited to the content on the Website.

5General Use, Prohibited Use, Termination
  1. 5.1Acceptable Use

    The User agrees to use the Website for lawful purposes only and in a manner consistent with all applicable laws and regulations.

  2. 5.2Prohibited Use

    The User is prohibited from, among other things, using the Website to:
    (a) transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or materials;
    (b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
    (c) interfere with or disrupt the Website or servers or networks connected to the Website;
    (d) violate any applicable laws or regulations; or
    (e) engage in any activity that could damage, disable, overburden, or impair the Website.

  3. 5.3Suspension and Termination

    The Company may, in its sole discretion and without notice, suspend or terminate the User's access to the Website if the User violates this Agreement or engages in any conduct that the Company, in its sole discretion, believes is in violation of any applicable laws or regulations or is harmful to the Company or its users. The Company may also suspend or terminate the Website or any part thereof at any time without notice.

6Disputes
  1. 6.1Dispute Resolution and Binding Arbitration

    Any dispute arising out of or relating to this Agreement or the use of the Website shall be resolved through binding arbitration conducted by a single arbitrator in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction.

  2. 6.2Governing Law and Venue

    This Agreement and the use of the Website shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. The parties agree that the state or federal courts located in San Francisco, California shall have exclusive jurisdiction over any disputes arising out of or related to this Agreement or the use of the Website.

  3. 6.3Waiver of Class Action and Jury Trial

    The User and the Company waive any right to participate in a class action lawsuit or class-wide arbitration. The User and the Company also waive any right to a jury trial in any dispute arising out of or related to this Agreement or the use of the Website.

  4. 6.4Indemnification

    The User agrees to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the User's use of the Website or any breach of this Agreement.

  5. 6.5Language

    English is the language for handling disputes under this Agreement.

  6. 6.6Disclaimers and No Warranties

    THE WEBSITE IS PROVIDED "AS IS" AND THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  7. 6.7Limitation of Liability

    THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  8. 6.8Release

    The User releases the Company and its officers, directors, employees, and agents from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute arising out of or related to this Agreement or the use of the Website.

7General Provisions
  1. 7.1Changes to these Terms

    The Company reserves the right to modify or update this Agreement at any time without notice. The User's continued use of the Website after any such changes will constitute acceptance of such changes.

  2. 7.2Changes to the Services

    The Company reserves the right to modify or discontinue the Website or any part thereof at any time without notice.

  3. 7.3Force Majeure

    The Company shall not be liable for any delay or failure to perform any obligation under this Agreement if the delay or failure is due to events beyond the Company's reasonable control, including but not limited to acts of God, war, terrorism, strikes, or labor disputes.

  4. 7.4Promotions

    From time to time, the Company may offer promotions or other incentives to use the Website. Any such promotions or incentives are subject to additional terms and conditions, which will be posted on the Website.

  5. 7.5Severability

    If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

  6. 7.6Export and Sanctions Compliance

    The User agrees to comply with all applicable export and sanctions laws and regulations of the United States.

  7. 7.7Feedback

    The Company welcomes feedback and suggestions from its users. By submitting feedback or suggestions to the Company, the User agrees that the Company may use and disclose such feedback or suggestions for any purpose without compensation to the User.

  8. 7.8Miscellaneous

    (a) This Agreement, including the Privacy Policy, constitutes the entire agreement between the User and the Company with respect to the use of the Website and the SDKs and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties.
    (b) This Agreement shall be governed by and construed in accordance with the laws of the State of California, and any action arising out of or related to this Agreement or the use of the Website and the SDKs shall be brought in the state or federal courts located in San Francisco County, California.
    (c) All notices, requests, and other communications to the Company under this Agreement shall be in writing and shall be deemed given upon receipt when delivered personally or by courier, or when sent by email or certified or registered mail, return receipt requested, postage prepaid.
    (d) The User may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the Company. The Company may assign this Agreement or any of its rights or obligations hereunder without the User's consent.
    (e) Any provisions of this Agreement that, by their nature, should survive termination of this Agreement shall survive, including but not limited to, intellectual property provisions, indemnification, limitations of liability, and dispute resolution.