These Terms of Service (“Terms”) govern your access to and use of the products, services, website, mobile applications, and other tools offered by Findustry AI, Inc. (“Findustry AI,” “we,” “our,” or “us”), a Delaware corporation with its principal place of business at 909 Davis St., Suite 500, Evanston, IL 60201, U.S.A. (collectively, the “Services”).
By accessing or using the Services, you agree to be legally bound by these Terms. Please review them carefully. Certain Services may be subject to supplemental terms or requirements, including age restrictions. Where supplemental terms apply, they are incorporated into your agreement with us when you use the applicable Service. We encourage you to save or print a copy of these Terms for your records.
IMPORTANT: THESE TERMS INCLUDE LIMITATIONS ON OUR LIABILITY (SECTIONS 5 AND 6), A RELEASE OF CLAIMS (SECTION 5), AND A BINDING ARBITRATION CLAUSE WITH A CLASS ACTION WAIVER (SECTION 10). PLEASE READ THESE PROVISIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS.
If you have a separate written agreement with Findustry AI governing specific services or solutions (a “Master Client Agreement”), the Master Client Agreement will control to the extent it conflicts with these Terms.
Acceptable Use
You agree to comply with all policies we make available in connection with the Services, including our Privacy Policy. You may use the Services only for lawful purposes and in accordance with applicable laws, including export and re-export control regulations.
You agree not to misuse the Services. This includes, without limitation, attempting to access the Services through any means other than the interfaces we provide, interfering with the operation of the Services, or engaging in automated scraping or bulk copying of any content. The Services are provided for your personal, non-commercial use unless otherwise agreed in writing. We reserve the right to suspend or terminate your access if you violate these Terms, if we suspect misconduct, or for any other reason in our discretion.
Your use of the Services does not confer any ownership rights in our intellectual property or any content accessible through the Services (“Content”). You may not reproduce, distribute, or otherwise exploit Content except as expressly authorized by these Terms, the Content owner, or applicable law. You may not use any Findustry AI branding, trademarks, or logos without our prior written permission. You must not remove, obscure, or modify any proprietary notices or legal disclosures displayed within the Services.
The Services may include content provided by third parties, other users, or you (collectively, “Third-Party Content”). We do not control, endorse, or assume responsibility for Third-Party Content, and you release us from any liability arising from it. The entity or individual who makes Third-Party Content available bears sole responsibility for it. While we may (but are not obligated to) review, remove, or decline to display Third-Party Content that we believe violates our policies or applicable law, we do not routinely pre-screen such content.
We may send you service-related announcements, administrative notices, and other communications in connection with the Services. You may opt out of marketing communications by following the unsubscribe instructions in any marketing email or replying “Stop” to a text message. Please allow a reasonable period for us to process your request.
Certain features of the Services may be available on mobile devices or use SMS messaging, which may result in data or messaging charges from your wireless carrier. We are not responsible for any such charges; if you wish to avoid them, discontinue use of the applicable mobile or messaging features.
Privacy and Feedback
Our Privacy Policy describes how we collect, use, and share your personal information in connection with the Services. By using the Services, you consent to our data practices as described in the Privacy Policy. You are solely responsible for any information or content you choose to share with other users through the Services and assume all associated privacy, security, and other risks.
Any feedback, ideas, or suggestions you provide regarding the Services may be used by us for any purpose without any obligation or compensation to you.
Software
The Services may require you to download software, such as a mobile or desktop application, or may provide access to software hosted on our or our vendors' servers (collectively, “Software”). We retain all right, title, and interest in and to the Software. You consent to automatic updates that may be delivered to your device when new versions or features become available.
Subject to these Terms, Findustry AI grants you a limited, personal, non-commercial, worldwide, royalty-free, non-transferable, non-exclusive license to use the Software solely to access and enjoy the Services. You may not copy, modify, distribute, sell, lease, reverse engineer, or attempt to extract the source code of any part of the Services or Software.
The Software may incorporate third-party components licensed to us. Such components are subject to the same terms and restrictions set forth in these Terms and remain the property of their respective licensors. We make no representations or warranties regarding the availability or operation of third-party software, and neither we nor our licensors are liable for its unavailability or removal. You consent to any communications facilitated by such third-party components, including automatic updates, and acknowledge that the applicable third-party licensors are intended third-party beneficiaries of these Terms.
Changes to and Termination of Services
We are continually developing and improving the Services. We may add, modify, or discontinue features or entire Services at any time, without prior notice or liability to you.
You are free to stop using the Services at any time. We may also limit, suspend, or terminate your access to the Services at our discretion.
Sections 2 and 4 through 10 of these Terms will survive any termination or expiration.
Disclaimers
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. FINDUSTRY AI, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL SUCH WARRANTIES.
YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS, HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, DISCHARGE, AND HOLD HARMLESS FINDUSTRY AI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, LIABILITIES, OBLIGATIONS, DEMANDS, ACTIONS, DAMAGES, AND EXPENSES OF ANY KIND (COLLECTIVELY, “LIABILITIES”), WHETHER KNOWN OR UNKNOWN, THAT ARISE OUT OF OR RELATE TO YOUR USE OF THE SERVICES OR ANY THIRD PARTY'S CONDUCT IN CONNECTION WITH THE SERVICES. THIS RELEASE APPLIES TO ALL LIABILITIES WHETHER OR NOT PRESENTLY KNOWN TO YOU. YOU EXPRESSLY WAIVE ANY RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINDUSTRY AI, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES, SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID US FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM (OR, AT OUR ELECTION, THE COST OF PROVIDING YOU THE SERVICES AGAIN).
NEITHER FINDUSTRY AI NOR ANY OF THE PARTIES DESCRIBED ABOVE SHALL BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT RESULTS FROM EVENTS BEYOND REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ARMED CONFLICT, CRIMINAL ACTIVITY, CYBERATTACKS, NATURAL DISASTERS, GOVERNMENT ACTION, SUPPLY CHAIN DISRUPTIONS, OR FAILURES IN TELECOMMUNICATIONS OR INTERNET INFRASTRUCTURE.
Use on Behalf of an Organization
If you use the Services on behalf of a business, employer, or other organization, you represent and warrant that you have the authority to bind that organization to these Terms, and the organization agrees to be bound accordingly.
Indemnification
You agree to indemnify, defend, and hold harmless Findustry AI, its affiliates, and their respective directors, officers, employees, agents, partners, contractors, predecessors, successors, and assigns from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach or alleged breach of these Terms; (b) any Content you submit or make available through the Services; or (c) your use or misuse of the Services. You shall not be responsible for any claims, damages, or costs that a court of competent jurisdiction determines arose solely from our violation of applicable law.
General Provisions
We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. We will make reasonable efforts to notify you of material changes, such as by posting a notice on our website, within the Services, or by email. Your continued use of the Services after any modification constitutes your acceptance of the updated Terms. If you disagree with any changes, you should stop using the affected Service.
In the event of a conflict between these Terms and any supplemental terms for a particular Service, the supplemental terms will prevail with respect to that Service.
These Terms constitute the entire agreement between you and Findustry AI regarding your use of the Services and do not create any third-party beneficiary rights. Our failure to enforce any provision of these Terms promptly does not waive our right to do so later. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full effect.
These Terms and any disputes arising hereunder shall be governed by the laws of the United States and the State of Illinois, without regard to conflict-of-law principles.
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms.
For questions or inquiries, please visit our contact page or write to us at 909 Davis St., Suite 500, Evanston, IL 60201.
Binding Arbitration
In addition to the release set forth in Section 5, you agree to the following dispute resolution procedures:
Overview
Any and all disputes, claims, or controversies between you and Findustry AI arising out of or relating to the Services or these Terms (“Disputes”) shall be resolved exclusively through binding individual arbitration, except as provided below. Arbitration proceedings do not involve a judge or jury and provide more limited discovery and appellate review than court proceedings. This Section 10 (the “Arbitration Provision”) shall be interpreted broadly. However, this provision does not prevent either party from seeking injunctive or equitable relief in court to protect its intellectual property rights, including copyrights, trademarks, patents, or trade secrets.
Scope of Disputes
“Dispute” includes, without limitation: (1) any claim or theory of liability, whether arising in contract, tort, statute, regulation, or otherwise; (2) claims that predate these Terms or any prior agreement between us; (3) claims that arise after the termination or expiration of these Terms; and (4) claims that are the subject of purported class action litigation in which you are not a member of a certified class. For purposes of this Arbitration Provision, “Findustry AI” includes Findustry AI and its predecessors, successors, assigns, and their respective officers, directors, employees, and agents; “you” includes you and any users or beneficiaries of your access to the Services.
Commencing Arbitration
Either party may initiate arbitration by filing a demand with JAMS (formerly Judicial Arbitration and Mediation Services, Inc.) through its website at www.jamsadr.com or by calling 1-800-352-5267. Any notices to Findustry AI may be sent by mail to 909 Davis St., Suite 500, Evanston, IL 60201.
Small Claims Exception
Either party may bring an individual claim in small claims court in the jurisdiction where you access the Services, provided the claim is not aggregated with any other person's claim and the amount in controversy falls within the court's jurisdictional limits.
Arbitration Rules and Procedures
The Federal Arbitration Act governs this Arbitration Provision. Proceedings shall be conducted by JAMS under its Streamlined Arbitration Rules & Procedures (the “JAMS Rules”), as modified by this Arbitration Provision. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-5267. Where this Arbitration Provision conflicts with the JAMS Rules or the remainder of these Terms, this Arbitration Provision controls. If JAMS is unable or unwilling to administer a proceeding consistent with this Arbitration Provision, the parties shall mutually select an alternative arbitration provider; if they cannot agree, either party may petition a court of competent jurisdiction to appoint one. A single arbitrator shall preside over the proceeding. Unless the parties agree otherwise, hearings shall take place in Chicago, Illinois. The arbitrator shall honor applicable legal privileges, take reasonable measures to safeguard confidential and proprietary information, and issue a written decision setting forth the essential findings and conclusions of law. The arbitrator's award may be confirmed in any court of competent jurisdiction solely for enforcement purposes; a fully satisfied award need not be entered in court.
Class Action and Collective Relief Waiver
ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU AND FINDUSTRY AI EACH WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR IN COURT. THE ARBITRATOR MAY AWARD RELIEF SOLELY TO THE INDIVIDUAL PARTY SEEKING IT AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM. THE ARBITRATOR HAS NO AUTHORITY TO CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
Fees and Costs
Allocation of arbitration fees and costs shall be governed by the JAMS Rules, except that if the arbitrator determines your Dispute was frivolous or brought for an improper purpose under the standards of Federal Rule of Civil Procedure 11(b), you shall reimburse Findustry AI for any fees and costs that were your responsibility under the JAMS Rules. You may retain legal counsel at your own expense and may recover attorneys' fees only to the extent you would be entitled to do so in court. Findustry AI will pay any fees and costs it is required by law to bear.
Severability and Jury Trial Waiver
If the class action and collective relief waiver in this section is found to be unenforceable, this entire Arbitration Provision shall be void and any Dispute shall proceed in a court of competent jurisdiction. In that event, exclusive jurisdiction and venue shall lie in the federal and state courts located in Chicago, Illinois, and you consent to personal jurisdiction in those courts.
WHETHER IN COURT OR IN ARBITRATION, YOU AND FINDUSTRY AI EACH WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW.
If any other provision of this Arbitration Provision is held unenforceable, it shall be severed and the remainder shall continue in full force and effect.
Survival
This Arbitration Provision shall survive the termination or expiration of these Terms.
Agreement
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.