Terms of Service

Effective Date: 06/01/2024

1. Introduction

Vivens Dynamics, LLC ("we," "our," or "us") operates CodableAI and codableai.com. By accessing or using the CodableAI service (the "Service"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, you must not use the Service.

2. User Accounts

To use the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and are liable for any activities or actions under your account.

3. Use of the Service

You agree to use the Service in compliance with all applicable laws and regulations. You must not use the Service for any illegal or unauthorized purpose. Prohibited activities include, but are not limited to:

• Distributing malware or other harmful software.
• Engaging in activities that could harm or interfere with the Service.
• Violating any laws or regulations.
• Using the Service to infringe on the intellectual property rights of others.
• Harassing, abusing, or harming other users.
• Attempting to gain unauthorized access to other users' accounts.

4. Intellectual Property

All content, trademarks, and data on the Service, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content ("Content") are the property of CodableAI or its licensors. You may not copy, reproduce, distribute, or create derivative works from any Content without prior written consent from us.

5. User-Generated Content

By uploading, posting, or otherwise transmitting content to the Service, you grant CodableAI a non-exclusive, royalty-free, worldwide, perpetual license to use, distribute, reproduce, modify, adapt, and publicly display such content for the purpose of providing and improving the Service. You represent and warrant that you have the right to grant this license and that your content does not infringe any third-party rights.

6. Service Modifications

We reserve the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

7. Service Availability

We strive to maintain at least 99.99% uptime for our Service. However, we do not guarantee any level of service availability and are not liable for any interruptions or downtime.

8. Data Storage and Security

Your data is stored on secure servers in Azure storage and our managed databases. We use industry-standard encryption for data at rest and in transit. While we strive to protect your data, we cannot guarantee absolute security and are not liable for any data breaches.

9. Termination

Users may terminate their account at any time, provided their account is in good standing with no outstanding invoices. We reserve the right to terminate accounts for violations of these Terms.

10. Indemnification

You agree to indemnify and hold harmless CodableAI, its affiliates, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights.

11. Limitation of Liability

To the fullest extent permitted by law, in no event shall CodableAI, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Service; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vi) the defamatory, offensive, or illegal conduct of any third party.

12. Changes to Terms

We may modify these Terms from time to time. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service, or updating the "Effective Date" date at the top of these Terms. By continuing to access or use the Service after those changes become effective, you agree to be bound by the revised Terms.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. Any legal action or proceeding related to your access to or use of the Service shall be instituted in a state or federal court in Illinois.

14. Contact Us

If you have any questions about these Terms, please contact us at [email protected].