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Swordfish AI Inc. – Terms of Service


Last Updated: May 31, 2021

Thank you for your interest in Swordfish AI. This Terms of Service document (“TOS”) states the basic terms of the legal agreement (“Agreement”) between you (“you” or “your”), either an individual or a business, and Swordfish AI (“Swordfish,” “we,” “us,” or “our”). The TOS is an integral part of any written custom, annual, or enterprise plan agreement entered into between the parties.


The Agreement covers the terms and conditions under which you use the Swordfish website (the “Site”) and Swordfish’s service of providing data via the site described in Section 2 below (the “Service”). The Agreement also establishes the terms and conditions under which you download, install, access, and use of the Swordfish browser extension (“Product”).


By accessing or using our Service, or by downloading, installing, access, or using the Product, you acknowledge that you have read these Terms of Service (“Terms”) and our Privacy Policy, which is incorporated herein by reference, as may be amended from time to time. These Terms shall govern any and all kind of use and features offered via the Product or the Service as may become available from to time to time. You agree to be bound by these Terms and to fully comply with them.


If you do not agree to any of the Terms you should immediately stop using the Site, the Product, and the Service. In this case, you may not access or use the Site, the Product, or the Service in any manner whatsoever.


1. DISPUTES WILL BE ARBITRATED; NO CLASS ACTIONS.

YOU ACKNOWLEDGE THAT THIS AGREEMENT, IN SECTION 19 BELOW, CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES BETWEEN YOU AND SWORDFISH. EXCEPT FOR LIMITED EXCEPTIONS, THIS AGREEMENT TO ARBITRATION REQUIRES THAT DISPUTES BETWEEN YOU AND SWORDFISH BE SUBMITTED TO BINDING AND FINAL ARBITRATION. THIS AGREEMENT TO ARBITRATE COVERS CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU ENTERED INTO THIS AGREEMENT WITH SWORDFISH. YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT



2. The Service; Eligibility for Enrollment; Independent Status.


3. Fees

4. Privacy

You acknowledge that to the extent you choose to use or access certain features of the Service you may be asked to submit or enable the transmission of certain personal information, which is required for the operability of our Service. To learn more about our data collection practices and the specific types of data we may collect, use and disclose, please read the Swordfish Privacy Policy, which is incorporated by reference in this Agreement. In addition, the Swordfish Data Processing Addendum to this Agreement applies to the processing of personal information. The Data Processing Addendum is incorporated by reference in this Agreement. This Agreement and your use of the Site, Product, and Service are subject to the Data Processing Addendum and the Swordfish Privacy Policy.


5. Support

Although Swordfish seeks to maximize the availability of the Site and Service, on behalf of your business, you acknowledge that the Site or Service may be unavailable if Swordfish or its service providers are maintaining or upgrading the Site or Service, or if other Site or Service outages occur. Swordfish cannot guarantee that the Site and Service will be available 100% of the time. We test frequent updates, maintenance, error correction, and additional means in order to improve the Service. Swordfish will provide reasonable support for the Site and Service by email but has no obligation to provide any other support.


6. Your Account

You must maintain the security of your password and must not share account access with anyone else. You must also inform Swordfish immediately by email sent to support@swordfish.ai, if you have reason to believe that the security of your password has been compromised. You must update your account to make sure Swordfish always has accurate, current, and complete account information from you. You acknowledge you are responsible for all activities taken using your account.


7. Additional Requirements. You must:

8. Prohibited Conduct. You must not:

9. Intellectual Property Rights

“Intellectual Property Rights” means all forms of intellectual property rights and protections, now known or hereafter established, that may be obtained for, or may protect, the Site, the Product, the Service, the Business Profiles, the software used to provide the Service or the Product, or other technology or works, which includes, but is not limited to, all right, title, and interest in U.S. and foreign patents and patent applications; trade secret and nondisclosure rights; copyrights; authors’ rights; and trademarks, service marks, trade names, product names, and brand names. The Site, the Product, the Service, the Business Profiles, the Swordfish Database, and the software used by the Product or to provide the Service (collectively, “Swordfish Materials”) are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Swordfish owns all right, title, and interest in and to the Swordfish Materials, and all Intellectual Property Rights in the Swordfish Materials shall remain the sole and exclusive property of Swordfish and its licensors. Except for the usage rights you have in the Service during the term of the Agreement, all rights are reserved by Swordfish. This Agreement does not grant you any rights in connection with any trademarks or service marks of Swordfish.


10. Warranties and License.

11. GENERAL DISCLAIMER OF WARRANTY.

12. DISCLAIMER REGARDING LOCAL LAW.

THIS AGREEMENT AND THE SERVICE ARE SUBJECT TO APPLICABLE LAW. YOU MUST NOT USE THE SITE, THE PRODUCT, OR THE SERVICE TO THE EXTENT THEY, OR ANY ASPECTS OF THE SERVICE, ARE PROHIBITED BY APPLICABLE LAW.


13. OTHER SPECIFIC DISCLAIMERS

14. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES WHATSOEVER SHALL SWORDFISH OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY, FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; WRONGFUL DEATH OR ANY BODILY INJURY; LOST PROFITS; LOST DATA; LOST SAVINGS; OR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES, EVEN IF SWORDFISH OR ONE OF ITS LICENSORS OR VENDORS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL SWORDFISH’S LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR RELATING TO, IN WHOLE OR IN PART, THIS AGREEMENT OR THE SWORDFISH MATERIALS, WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, OR OTHERWISE, EXCEED THE AMOUNTS YOU PAID OR OWED TO SWORDFISH IN THE PRECEDING 12-MONTH PERIOD. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF DAMAGES SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.


15. Claims.

“Claims” mean, collectively, claims, demands, suits, losses, damages, liabilities, costs, actions, judgments, and expenses (including reasonable attorney’s fees).


16. Indemnity

You must indemnify, hold harmless, and defend Swordfish and any parent, subsidiary, or affiliate of Swordfish, as well as any of their respective officers, directors, members, employees, and agents (each of whom is referred to as an “Indemnified Party”) against all Claims and any judgment, civil money penalties, fines, or settlement disbursements awarded against or incurred by any of them, as a result of or arising from:


17. Termination

18. Notices

19. Agreement to Arbitrate

20. Changes to the Terms

21. Force Majeure

Swordfish will not be liable to you for any delay or failure to perform any obligation under this Agreement if the delay or failure is due to unforeseen events and that are beyond its reasonable control, including but not limited to, an act of God, strike, blockade, war, act of terrorism, riot, governmental action, earthquake, flood, hurricane, tsunami, other natural disaster, epidemic or pandemic, or failure or diminishment of power, telecommunications, the Internet, or other data networks or services.


22. Miscellaneous

This Agreement shall be governed by the internal laws of the State of New York without giving effect to its conflicts of laws principles. This Agreement constitutes the entire agreement and understanding between the parties and supersedes all prior agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by you or other representative on behalf of you and an authorized representative of Swordfish. The failure or delay of us to exercise or enforce any rights or provision of this Agreement does not constitute a waiver of such right or provision. The unenforceability of any provision or provisions of this Agreement shall not render unenforceable or impair its remainder. If any provision of this Agreement is deemed invalid or unenforceable in whole or in part, this Agreement shall be deemed amended to delete or modify, as necessary, the invalid or unenforceable provision to render it valid, enforceable, and, insofar as possible, consistent with the original intent of the parties. The headings in this Agreement are solely for the convenience of reference and shall not be given any effect in the construction or interpretation of this Agreement. Swordfish may assign this Agreement any successor in interest. You may not assign this Agreement or delegate its duties under this Agreement. This Agreement will be binding upon, and inure to the benefit of Swordfish, you, and their respective permitted successors and assigns, as well as the heirs and representatives of you if you are an individual or sole proprietorship.


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