Terms of Service
These Terms and Conditions, together with the Service Agreement, constitute a legally binding agreement made between the Client identified in the Service Agreement ("Client") and 1ERSAI ("1ERSAI"), concerning Client’s access to and use of http://www.1ersai.com/ (the "Site"). Client agrees that by accessing the Site, Client has read, understood, and agreed to be bound by all of these Terms and Conditions. 1ERSAI reserves the right, in its sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. 1ERSAI will post the updated Terms and Conditions on the Site. Client will be subject to, and deemed to be aware of and to have accepted, any revised Terms and Conditions if Client continues to use the Site after such revisions are posted.
2. CLIENT ACCESS AND CLIENT DATA
1ERSAI hereby grants Client a non-exclusive, non-transferable right to access the Site and use the Services during the term, solely for use by Client’s authorized users in accordance with these Terms and Conditions. Such use is limited to Client's internal business use. 1ERSAI shall provide the necessary passwords and network links or connections to allow access to the Site. The total number of authorized users will not exceed [Max Authorized Users], unless agreed otherwise in writing.
Client retains all rights to their data. However, Client grants 1ERSAI a non-exclusive, royalty-free, worldwide license to use Client data as needed to provide Services. Knowledge, processes, or outputs generated by 1ERSAI’s AI based on that data shall remain the property of 1ERSAI.
3. 1ERSAI’S INTELLECTUAL PROPERTY RIGHTS
Client acknowledges that 1ERSAI owns all rights to its proprietary technology, software, trademarks, logos, graphics, and content on the Site. Client agrees not to copy, reproduce, reverse engineer, distribute, modify, or use any part of 1ERSAI’s intellectual property except as expressly permitted.
4. CLIENT REPRESENTATIONS
By using the Site, Client represents that:
All submitted information is accurate and current.
Client will comply with these Terms.
Client will not access the Site via automated tools or bots.
Client’s use is lawful and not misleading.
Client has obtained the necessary consent (e.g., under TCPA or GDPR) to allow 1ERSAI to engage with prospective clients on their behalf.
Failure to meet these representations may result in account suspension or termination.
5. CLIENT REGISTRATION
Client must register an account to use the Site. Client is responsible for account confidentiality and all activities under their credentials. 1ERSAI reserves the right to reclaim or deny usernames deemed inappropriate.
6. CONFIDENTIALITY
Any proprietary, sensitive, or non-public information shared by either party will be treated as confidential. This obligation survives for 3 years post-disclosure unless otherwise covered by a separate NDA.
7. CANCELLATION
Upon termination of Services, Client agrees to pay for all scheduled or completed sessions up to the termination date.
8. PROHIBITED ACTIVITIES
Client agrees not to:
Harass, hack, or harm others using the Site.
Violate any laws.
Upload viruses or malicious code.
Impersonate others.
Scrape or harvest data.
Reverse engineer or replicate the platform.
Compete directly with 1ERSAI using the Site’s intellectual property.
9. WARRANTIES AND WARRANTY DISCLAIMER
1ERSAI warrants the Services are legal and free from malicious code. Except as stated, Services are provided "AS IS" with no warranties implied, including merchantability or fitness for a particular purpose.
10. SUBMISSIONS
All feedback, ideas, or suggestions shared by Client with 1ERSAI become its sole property, without compensation.
11. PRIVACY POLICY
1ERSAI values user privacy. Please review our Privacy Policy at http://www.1ersai.com/privacy (or insert actual URL). By using the Site, you consent to data transfer and processing in the country where the Site is hosted, which may differ from your jurisdiction.
12. TERMINATION BY 1ERSAI
1ERSAI may terminate or suspend access to the Site at any time, for any reason, without notice. Repeat violations or misuse will result in permanent bans and may lead to legal action.
13. MODIFICATIONS AND INTERRUPTIONS
1ERSAI reserves the right to modify or discontinue the Site at any time. Service interruptions may occur due to maintenance, updates, or external issues. 1ERSAI is not liable for service downtime or resulting losses.
14. GOVERNING LAW
These Terms are governed by the laws of the State of [Insert State], without regard to conflicts of law. The UN Convention on Contracts for the International Sale of Goods does not apply.
15. DISPUTE RESOLUTION
Informal Negotiation: Required for 30 days before arbitration.
Arbitration: Any unresolved disputes shall be settled by binding arbitration in [Insert City, State].
Exceptions: IP disputes, data privacy breaches, or injunctive relief claims may go directly to court.
16. CORRECTIONS
1ERSAI reserves the right to correct errors on the Site at any time without notice.
17. LIMITATIONS OF LIABILITY
1ERSAI will not be liable for indirect, incidental, or consequential damages. Total liability, if any, is capped at the amount paid by Client in the prior six (6) months.
18. INDEMNIFICATION
Each party agrees to defend and indemnify the other from legal claims caused by their own misconduct, IP violations, or misuse of the Site or Services.
19. DATA SECURITY/RESTRICTIONS ON USE
1ERSAI will maintain safeguards to protect Client data and comply with GDPR, SOC 2, and other applicable data protection standards. Client data will not be sold or shared without permission, unless required by law.
20. DATA BACKUPS
While 1ERSAI performs regular backups, Client is responsible for backing up their own data. 1ERSAI is not liable for data loss or corruption.
21. ELECTRONIC COMMUNICATIONS AND SIGNATURES
By using the Site, Client agrees to electronic communications, e-signatures, and records in lieu of paper-based transactions.
22. FORCE MAJEURE
Neither party will be liable for delays caused by forces beyond their control (e.g., natural disasters, war, internet outages).
23. MISCELLANEOUS
These Terms and the Service Agreement constitute the entire agreement. If any term is found invalid, the rest remains enforceable. 1ERSAI may assign its rights; Client may not without written consent.
24. CONTACT 1ERSAI
To resolve complaints or inquire further, contact us at:
Email: [email protected]
Website: http://www.1ersai.com/