Modern.ai
Website Terms of Use
Last Modified: June 28, 2024
Welcome to the Modern.ai website (the “Site”) which is owned and operated by Modern AI LLC (“Modern.ai,” “we,” “us,” and “our”). Our Website Terms of Use (“Terms of Use or “Terms”) apply to and govern your access to and use of the Site and all content, materials, and offers made available through the Site (collectively, the “Content”). The purpose of the Site is to provide information about our Modern AI Platform.
Please note that the Modern.ai Platform is made available only on a subscription basis and is governed by the Modern.ai SaaS Agreement. If you are a customer of Mondern.ai or an employee, representative or agent of a Modern.ai customer, your use of the Modern.ai Platform is subject to the terms set forth in the Modern.ai SaaS Agreement.
Please read the Terms of Use carefully. If you do not agree to these Terms, then you should not use the Site in any manner.
Changes
We may modify or change these Terms of Use from time to time in our sole discretion, effective immediately upon posting the revised Terms on the Site along with the effective date as indicated above in the Last Modified section. When you access and use the Site and Contents after the updated Terms are posted, you signify your acceptance to the changes.
We may also modify, suspend, or discontinue the Site and/or any of the Content at any time without notice or liability.
Privacy
Please review our Privacy Policy located at https://modern.ai/privacypolicy to understand our privacy practices when you use the Site.
About Modern.ai
The Modern.ai Platform provides data analytics to businesses located in the United States. It is not directed towards consumers and is only available via a paid subscription offered to companies and their authorized users.
Permitted Use of the Site
You may use the Site solely for purposes of learning about the Modern.ai Platform for your business or your employer or accessing the Platform if you are an authorized user pursuant to a subscription with us.
Prohibited Use of the Site
By accessing the Site, you agree that you will not, directly or indirectly,
- Use the Site or Content in violation of these Terms of Use;
- Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, the Modern.ai Platform, and/or Content or otherwise attempt to discover any source code, or allow any third party to do so;
- Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Site in any way;
- Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the servers hosting Modern.ai’s products, services, and Sites, in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Attempt to gain unauthorized access to the Site, Content, or Modern.ai Platform or circumvent any security measures;
- Use the Site in any manner that damages, disables, overburdens, or impairs the Site interferes with any other party's use and enjoyment of the Site;
- Mirror or frame the Site or Content or any part of it on any other web site or web page; or
- Use the Site or Content for any purpose or in any manner that is unlawful or prohibited by these Terms of Use.
Any unauthorized use of any the Site or Content may violate patent, copyright, trademark, and other laws.
Intellectual Property Rights
The Site, the Modern.ai Platform, and Content including the underlying code and software, as well as the design and “look and feel” (collectively, “Modern.ai IP”), are owned by Modern.ai or its licensors (if any), and are protected by intellectual property and other laws. No ownership rights or interests in the Modern.ai IP are transferred to you, whether by estoppel, implication, or otherwise, except for the limited, express right to use the Site and Content for the purposes specified herein.
Modern.ai owns and retains all of its copyrights in the Content and all trademark rights in the marks and logos used on the Site and by us. The appearance, layout, color scheme, and design of the Site are protected by trade dress. You do not receive any right or license to use the foregoing.
If you provide any feedback, comments, or suggestions concerning the Site, Content, or Modern.ai Platform (collectively, “Feedback”), you hereby assign to Modern.ai all right, title, and interest in and to the Feedback, and Modern.ai is free to use the Feedback without payment, attribution, or restriction.
Information and Materials You Post or Provide
You represent that you have all right, title, and interest to information and materials you provide to Modern.ai or post on the Site, if permitted, ("Materials"), including, but not limited to, any necessary third party consent, authorization, release, or clearance.
You represent and warrant that you will provide any fictitious, false or inaccurate information about yourself, and that all information included in your Materials is true and accurate.
Links to Third-Party Sites and Platforms
Our Site may contain links to third party websites or social media platforms ("Third-Party Sites"), which are provided solely for your convenience. We do not endorse or sponsor any Third-Party Sites, nor do we make any representations or warranties regarding them. If you use these links, you will leave the Site and be subject to the terms and privacy policies of those third parties. Modern.ai is not responsible or liable for any Third-Party Sites or the content thereon.
Consent to Electronic Communications
By contacting or communicating with us through the Site or booking a demo, you agree that we may communicate with you electronically in connection with the Site, the Modern.ai Platform, and other product or service offerings that we, our affiliates, and business partners may provide. If you wish to remove yourself from our list for such marketing-related purposes, please use the unsubscribe link in our emails or as otherwise specified in electronic communications you receive from us.
Disclaimers; Limitations of Liability
MODERN.AI AND ITS LICENSONRS AND SERVICE PROVIDERS, MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. THE SITE, CONTENT, AND MODERN.AI IP ARE PROVIDED "AS IS" WITHOUT WARRANTYIES OF ANY KIND, AND MODERN.AI HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MODERN.AI IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THESE TERMS. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MODERN.AI, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF MODERN.AI HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WITHOUT LIMITING ANY OF THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, IF MODERN.AI IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF MODERN.AI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.
This limitation of liability reflects the allocation of risk between you and us, and will survive and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose.
Indemnification
You agree to indemnify, defend, and hold harmless Modern.ai, its parent company, subsidiaries, affiliated companies, business partners, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use.
General Provisions
Entire Agreement/No Waiver/Severability: These Terms of Use constitute the entire agreement between Modern.ai and you with respect to the subject matter hereof. No waiver by Modern.ai of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies: The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Enforcement/ Choice of Law/ Choice of Forum: If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. These Terms of Use are governed by the law of the State of Florida, without regard to its conflict of law provisions. You agree that any judicial proceeding will be brought in the federal or state courts in Miami, Florida, and expressly consent to exclusive venue and personal jurisdiction there, and waive any claims or defenses that venue is improper for any reason in these courts. You agree that all any claims, disputes or controversies that you may have against Modern.ai or that arise out of for relate to these Terms of Use, the Site, Content, the Modern.ai Platform, Modern.ai IP, or otherwise, (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) must be resolved on an individual basis, and that you shall not bring a claim against Modern.ai, either directly or indirectly, as a plaintiff or a class member in a class, consolidated, or representative action.
