1 Acceptance of Terms.
1.1 This Terms of Service agreement (“TOS”) govern your access of the web site located at https://websentry.ai/ (the “Site”) operated by or on behalf of Web Sentry, Inc. (“Company” or “we”). By accepting this TOS or by accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Site.
1.2 Company may change this TOS from time to time by providing thirty (30) days prior notice by posting a notice on the Site. You can review the most current version of this TOS at any time [at www.websentry.ai/terms-of-service]. The revised terms and conditions will become effective thirty (30) days after we post such changes, and if you use the Site after that date, your use will constitute acceptance of the revised terms and conditions.
3 General Conditions/ Access and Use of the Site.
3.1 Subject to the terms and conditions of this TOS, you may access and use the Site only for lawful purposes. All rights, title and interest in and to the Site and its components will remain with and belong exclusively to Company. You shall not(a) use the Site in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components or (b) modify, adapt or hack the Site to, or otherwise attempt to gain unauthorized access to the Site or its related systems or networks. You shall comply with any codes of conduct, policies or other notices Company provides you or publishes in connection with the Site, and you shall promptly notify Company if you learn of a security breach related to the Site.
3.2 Any software that may be made available by Company in connection with the Site(“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, Company hereby grants you a non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Site, provided that you shall not(and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Company or any third party is granted to you in connection with the Site.
3.3 You understand that the operation of the Site may be unencrypted and involve (a)transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Company’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Site.
4 DISCLAIMER OF WARRANTIES.
4.1 THE SITE, AND ALL SERVER AND NETWORK COMPONENTSARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OFANY KIND, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHEREXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OFMERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.YOU ACKNOWLEDGE THAT COMPANY DOES NOT WARRANT THAT THE SITE WILL BEUNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANYWARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, AND NOINFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM COMPANY OR THROUGH THE SITESHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
5 LIMITATIONOF LIABILITY.
5.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OROTHERWISE) SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANYINDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES,INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECTDAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDINGTHE EVENT GIVING RISE to YOUR CLAIM or, IF NO FEES APPLY, one hundred ($100) U.S. dollars. THE PROVISIONS OF THISSECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIESHAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
5.2 Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, COMPANY’S LIABILITYWILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6 U.S Government Matters.
You may not remove or export from the United States or allow the export or re-export of the Site or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the software and documentation installed by Company on your Equipment (if applicable) are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this TOS and will be prohibited except to the extent expressly permittedby the terms of this TOS.
7 Assignment.
You may not assign this TOS without the prior written consent of Company, but Company may assign or transfer this TOS, in whole or in part, without restriction.
8 Miscellaneous.
If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable. Both parties agree that this TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
9 Governing Law.
This TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by Company in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Site.
10 Privacy.
Please visit https://www.unboundsecurity.ai/privacy-policy to understand how Company collects and uses personal information.
11 Contact Us.
If you have any questions regarding this TOS or the Site, you may contact us at [email protected]