This is a legal and binding agreement between you, the user (referred to as “user” or “you”), and Ejento AI Inc. (referred to as “we,” “us,” or “Ejento AI”) stating the terms of use that govern your use of our application, as defined below. Please read these Ejento AI terms of use, our Privacy Policy, and other policies on the application before accessing or using our application. By visiting or using our application, you acknowledge that you have the legal capacity to bind yourself to this agreement and you agree to become bound by the terms and conditions of this agreement. If you are using or visiting our application on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and Ejento AI for violations of these Terms. If you do not agree to all of the terms and conditions of this agreement, notify Ejento AI immediately, and you must not use, and are not authorized to use, all or any portion of the application and services (as defined below). Our acceptance is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms. If these terms and conditions are considered an offer by us, acceptance is expressly limited to these terms.

Your right to use our application

These Terms of Use permit you to use the application for your personal, non-commercial use only. Except as provided above, no right, title, or interest in or to the application or any content on the application is transferred to you, and all rights not expressly granted are reserved by Ejento AI and its affiliates. Any use of the application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

You shall not, without the prior written consent of Ejento AI:

  • Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our application.
  • Decompile, reverse engineer, disassemble, or create derivative works of our application.
  • Transmit content that is obscene, offensive, defamatory, or otherwise objectionable.
  • Transmit any data, or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code.
  • Remove, alter, or obscure any copyright, trademark, patent designation, or other proprietary rights notice from copies of materials from our application.
  • Access or use for any commercial purposes any part of our application or any services or materials available through the application.
  • Use the application or Service for any mission- or life-critical purposes, including the migration of any data which, if lost or corrupted, could endanger the health or safety of any person.
  • Use the application or Service in ways that may be harmful to others or to Ejento AI’s reputation, including using any portion of the Services as a destination linked from unsolicited bulk messages or unsolicited commercial messages.
  • Interrupt, or attempt to interrupt, the operation of the application in any way.
  • Co-brand, frame, or hyperlink to the application, or authorize or engage any other party to do any of the foregoing. For purposes of this agreement, “co-brand” or “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in a manner reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this application or content accessible within it.

Intellectual property rights

The application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Ejento AI and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The “Ejento AI” name, logo, and seal are trademarks of Ejento AI Inc. You may not use this trademark, or any variation thereof, without our prior written consent. You may not use this trademark, or any variation thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests, or, in our sole judgment, gives the appearance or impression of a relationship with or endorsement by us. Should you use this trademark with or without our prior written consent, you agree that any goodwill developed by your use of the mark shall accrue to the grantor. You agree not to adopt a mark in the future that is or may be confusingly similar to this trademark. You may not register a domain name that is confusingly similar to this trademark. In addition, the look and feel of the application, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Ejento AI and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and names or logos mentioned on the application are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation by us.

Ejento AI does not take responsibility for the content of other sites that you may find when searching or accessing our products or services. The privacy policy and terms of use of the sites that you visit will govern that material.

Ejento AI has the right to disable or prohibit access for users who do not respect, or who are involved in the infringement of, Ejento AI’s intellectual property.

Nothing in this agreement or in the materials should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the trademark without the written permission of the trademark owner.

Termination

We reserve the right to terminate your use of this application if you violate the Terms of Use or any rules or guidelines posted on the application, or for any other reason in our discretion. In the case of such termination, you must cease all use of the application, and Ejento AI may immediately revoke your access to the application and our services without refund of any fees. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Ejento AI application infringe your copyright, you (or your agent) may send Ejento AI a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  • Identification of the copyrighted work alleged to have been infringed (or, if multiple copyrighted works located on the Ejento AI Service are covered by a single notification, a representative list of such works);
  • Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Ejento AI to locate the material on the Ejento AI Service;
  • Your name, address, telephone number, and email address (if available);
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Ejento AI a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Seethe U.S. Copyright Officefor details. Notices and counter-notices with respect to the Ejento AI Service should be sent to 5010 148th Ave NE, Suite 200A, Redmond, WA 98052 ([email protected]). Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice, as there are penalties for false claims under the DMCA.

Miscellaneous

These Terms of Use constitute the entire agreement between you and Ejento AI. There is no agency, partnership, or joint venture relationship between any user and Ejento AI arising solely through the use of this application. These Terms of Use are binding upon your successors, assigns, heirs, and executors. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. The failure of Ejento AI to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or condition. Any claim or cause of action arising out of or related to the application, or these Terms of Use, must be filed within one year after such claim or cause of action arose. The section titles of these Terms of Use are merely for convenience and will not have any effect on the substantive meaning of this agreement.

Data processing and privacy policy reference

Our collection and use of personal information are governed by ourPrivacy Policy. By using the application, you consent to such processing. Where personal data is transferred internationally, we rely on approved mechanisms such as the EU Standard Contractual Clauses (SCCs), the UK International Data Transfer Agreement (IDTA), and other legally recognized safeguards.

Consumer and privacy rights

Depending on your location, you may have specific rights regarding your personal data, including the right to access, delete, correct, or restrict processing of your data. Certain U.S. state laws (such as the CPRA, VCDPA, CPA, UCPA, and CTDPA) and international laws (such as the GDPR and UK GDPR) grant you additional rights, which are described in ourPrivacy Policy.

Disclaimer of warranty

The material and any information, content, or services made available to you are provided “as is” and “as available” without warranty of any kind (express, implied, or otherwise), including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except insofar as any such implied warranties may not be disclaimed under applicable law.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE EJENTO AI APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE EJENTO AI APPLICATION, INCLUDING THE SERVERS ON WHICH THE APPLICATION IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) YOUR INFORMATION, INCLUDING YOUR PERSONAL INFORMATION, WILL NOT BE DISCLOSED; OR (D) INFORMATION PROVIDED ON THE APPLICATION IS COMPLETE, ACCURATE, ERROR-FREE, OR UP TO DATE.

Limitation of liability

IN NO EVENT WILL EJENTO AI, ITS AFFILIATES OR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APPLICATION OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Injunctive relief

You agree that any breach of your obligations with respect to Ejento AI’s proprietary or intellectual property rights will result in irreparable injury to Ejento AI, for which money damages are inadequate. You therefore agree that Ejento AI shall be entitled to seek injunctive relief, without the requirement of posting a bond, in addition to any other relief that a court may deem proper.

Changes

Ejento AI reserves the right to change or modify these Terms, or any policy or guideline of the application, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the application, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the application following the posting of changes or modifications will confirm your acceptance of such changes or modifications. You should therefore frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the application. If you do not agree to the amended terms, you must stop using the application.

If you have any questions regarding the application, please contact Ejento AI at [email protected].

International users

Ejento AI Services are operated from the United States but may be accessed in other parts of the world. If you are located outside of the United States and you access or use Ejento AI Services, you acknowledge, understand, and agree that you are doing so at your own initiative and at your own risk, and that it is your responsibility, and not Ejento AI’s, to make sure that your use of Ejento AI Services complies with all applicable local laws in the jurisdiction from which you access or use Ejento AI Services. If you are located in the United Kingdom, for purposes of the Data Protection Act 1998, Ejento AI is the data controller with respect to any information collected by it in the United Kingdom and then transferred to Ejento AI in the United States. By submitting any personally identifiable information to us through Ejento AI Services, you consent to the transfer, processing, and storage of your information in the United States in accordance with ourPrivacy Policy.

Applicable law and forum selection

You agree that these Terms, and any claim or dispute arising out of or relating to these Terms or any content or service obtained from or through this agreement, will be governed by the laws of the State of Washington, excluding its conflicts of law provisions when applicable, and the laws of the United States of America when applicable. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Seattle, Washington. You consent to the personal jurisdiction of, and exclusive venue in, the federal courts located in and serving Seattle, Washington as the legal forum for any such dispute, and you waive and agree not to assert any objection to such proceedings in those courts, including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum.

Indemnification

You agree to defend, hold harmless, and indemnify Ejento AI and its respective subsidiaries, affiliates, officers, agents, and employees with respect to any claim, demand, cause of action, debt, or liability, including reasonable attorneys’ fees, to the extent it is based upon a claim that, if true, would constitute a breach of any of your obligations under these Terms.

Arbitration

Excluding claims for injunctive or other equitable relief, for claims where the total amount sought is less than fifty thousand U.S. dollars ($50,000.00 USD), the parties shall first attempt to resolve the dispute through binding non-appearance-based arbitration using a mutually agreed upon established alternative dispute resolution (“ADR”) provider. The arbitration shall not involve any personal appearance by the parties or by witnesses, unless otherwise mutually agreed; rather, the arbitration shall be conducted, at the option of the party seeking relief, by telephone or via written submissions alone. Any judgment rendered by the arbitrator shall be entered in a court of competent jurisdiction.

You agree that arbitration for any cause of action brought by you against Ejento AI or its affiliates related to the material, or your use of our services, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred from adjudication.

Your comments and concerns

This application is operated by Ejento AI. All feedback, comments, requests for technical support, and other communications relating to the application should be directed to[email protected].