TERMS OF USE
PLEASE CAREFULLY READ THESE WEBSITE & PLATFORM TERMS OF USE (HEREINAFTER REFERRED TO AS “TERMS OF USE”) (WEBSITE REFERS TO ‘HTTPS:// ARIVONIX.COM’ AND PLATFORM REFERS TO ‘ARIVONIX PLATFORM AVAILABLE AT HTTPS:// ARIVONIX.COM/’) BEFORE ACCESSING, DOWNLOADING, OR USING THE WEBSITE, PLATFORM AND ANY RELATED DOCUMENTATION AVAILABLE ON THE WEBSITE OF ARIVONIX (A COMPANY BASED IN NEW JERSEY, USA, HEREINAFTER “ARIVONIX”).
BY CLICKING ON THE “ACCEPT” BUTTON, AND/OR ACCESSING, DOWNLOADING, OR USING THE WEBSITE/PLATFORM/DOCUMENTATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE, AGREE TO ALL ITS TERMS, AND CONSENT TO BE BOUND BY IT, THEREBY BECOMING A PARTY TO THIS TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS TERMS OF USE, CLICK THE “DO NOT ACCEPT” BUTTON AND DO NOT ACCESS, DOWNLOAD, OR USE THE WEBSITE/PLATFORM/DOCUMENTATION. IF YOU ARE ACCESSING THE PLATFORM, YOUR USE OF THE PLATFORM MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS IMPOSED BY THE PLATFORM’S END USER LICENSE AGREEMENT AND/OR MASTER LICENSE AGREEMENT, AS THE CASE MAY BE.
IF YOU ARE ACCEPTING THIS TERMS OF USE ON BEHALF OF YOUR EMPLOYER OR ANOTHER AUTHORIZING ENTITY, YOU REPRESENT AND WARRANT THAT: (I) YOU HAVE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR THE ENTITY TO THIS TERMS OF USE; (II) YOU HAVE READ AND UNDERSTOOD THIS TERMS OF USE; AND (III) YOU AGREE, ON BEHALF OF THE PARTY THAT YOU REPRESENT, TO THIS TERMS OF USE.
ACCEPTANCE OF THIS TERMS OF USE IS REQUIRED AS A CONDITION TO PROCEED WITH ACCESS, DOWNLOADING, AND USE OF THE WEBSITE/PLATFORM/DOCUMENTATION. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS TERMS OF USE OR IF YOU DO NOT HAVE THE LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR THE AUTHORIZING ENTITY, YOU MUST NOT USE OR ACCESS THE PLATFORM AND DOCUMENTATION.
YOUR EMPLOYER OR AUTHORISING ENTITY MAY HAVE ENTERED INTO A SEPARATE MASTER LICENSE AGREEMENT WITH ARIVONIX GOVERNING THE USE OF THE PLATFORM, WHICH MAY TAKE PRECEDENCE OVER THESE TERMS. IN SUCH CASE, THIS TERMS OF USE WILL SUPPLEMENT THE MASTER LICENSE AGREEMENT WHERE APPLICABLE.
Throughout the Terms, “we,” “us,” “our,” and “ours” refer to ARIVONIX, and “you,” “your,” “yours”, “User/s” refer to you personally (i.e., the individual who reads and agrees to be bound by these Terms) and, if you access the Website/Platform/Documentation on behalf of a legal entity/authorizing entity, to that entity.
Unless otherwise defined herein, all capitalized terms used in this Terms of Use shall have the same meaning ascribed to them in the Master License Agreement (MLA), End-User License Agreement (EULA) entered into between the Parties. In this Agreement the following words will have the following meanings:
Table of Contents
Table of Contents
1.
SCOPE OF THE TERMS OF USE
1.1.
1.2.
- These Terms of Use specifically focus on additional, more granular aspects of your interaction with the Platform/Website/Documentation, including:
1.2.1.
1.2.2.
1.2.3.
1.2.4.
1.2.5.
1.3.
- To the extent that there is any conflict between the provisions of the MLA, EULA, Subscription Agreement, and these Terms of Use, the terms in the MLA and EULA will prevail concerning the Platform/Website/Documentation, while the Subscription Agreement will prevail in matters specifically relating to subscription.
2.
LICENSE
2.1.
2.2.
License to Platform/Documentation: The License to use the Platform and Documentation is as per the terms, conditions, and restrictions set forth in the applicable Master License Agreement and/or End-User License Agreement between you and ARIVONIX.
3.
YOUR PLATFORM ACCOUNT
3.1.
3.2.
3.3.
4.
PASSWORDS AND LOGIN INFORMATION
4.1.
4.2.
4.3.
5.
GUIDELINES ON ACCESS
5.1.
5.1.1.
5.1.2.
5.1.3.
5.1.4.
5.2.
5.2.1.
5.2.2.
5.3.
5.3.1.
5.4.
5.4.1.
5.4.2.
6.
ACCEPTABLE USE
6.1.
6.1.1.
6.2.
6.2.1.
6.2.2.
6.3.
6.3.1.
6.3.2.
6.3.3.
6.3.4.
6.3.5.
6.3.6.
6.3.7.
6.3.8.
7.
PROHIBITED ACTIVITIES:
7.1.
7.1.1.
7.1.2.
7.1.3.
7.2.
7.2.1.
7.2.2.
7.3.
7.3.1.
7.3.2.
7.3.3.
7.4.
7.4.1.
7.4.2.
7.5.
7.5.1.
7.6.
7.6.1.
7.6.2.
7.6.3.
7.6.4.
7.6.5.
7.6.6.
7.6.7.
7.6.8.
7.6.9.
7.6.10.
7.6.11.
7.6.12.
7.6.13.
Copy, modify, adapt, translate, incorporate into other products or services, or create derivative works of any part of the Platform/Website/Documentation;
7.6.14.
8.
LIMITATIONS ON THE USE OF PLATFORM FEATURES OR RESOURCES
8.1.
9.
COMPLIANCE WITH APPLICABLE LAWS
9.1.
9.1.1.
9.1.2.
9.1.3.
10.
WEBSITE/PLATFORM INTERACTION
10.1.
10.1.1.
10.1.2.
10.1.3.
10.2.
10.2.1.
No Unauthorized Access: Users must not use any automated means, including robots or scrapers, to access, browse, or extract data from the Platform/Website without prior authorization.
10.2.2.
10.3.
10.3.1.
10.3.2.
False Endorsements: Users must not post content that falsely implies endorsement or sponsorship by the Platform or misrepresents affiliations with third-party entities or individuals.
11.
CONSEQUENCES OF BREACH
11.1.
11.1.1.
11.1.2.
11.2.
11.2.1.
11.3.
11.3.1.
12.
MODIFICATION OF THE WEBISTE/PLATFORM
12.1.
13.
YOUR DATA AND PRIVACY
13.1.
ARIVONIX is committed to implementing robust technical, administrative, and procedural safeguards to secure any data that you provide while using the ARIVONIX Platform. ARIVONIX has adopted industry-standard procedures and infrastructure to protect all Customer Data and End-Customer Data (that includes any outputs generated by ML/AI Engine and Analytical Tools). ARIVONIX does not use Customer Data or End-Customer Data. It is the Customer/End-Customer themselves who use such data to create their desired product or analytical results. ARIVONIX does not handle any Customer Data or Customer Data. If ARIVONIX is shared or provided such data under special circumstances, ARIVONIX follows privacy practices in line with the terms outlined in ARIVONIX’s Privacy Policy, which can be accessed at https://www.arivonix.com/privacy-policy/. The Privacy Policy forms an integral part of the Terms of Use. If you have any questions about the handling or protection of Customer Data/End-Customer Data, please contact us at legal@arivonix.com.
13.2.
13.3.
13.4.
14.
WARRANTY DISCLAIMER
14.1.
15.
LIMITATION OF LIABILITY
15.1.
16.
TERM AND TERMINATION
16.1.
16.2.
16.3.
16.4.
16.5.
16.6.
16.7.
17.
INTELLECTUAL PROPERTY
17.1.
17.2.
17.3.
17.4.
17.5.
18.
IP ADDRESS
18.1.
ARIVONIX collects IP addresses (the Internet address of a computer) to analyze trends, track user movement, and gather broad demographic information for aggregate use to improve the Platform and the services provided. ARIVONIX reserves the right to use your IP Address to identify any user responsible for activities that threaten the integrity, security, or functionality of the Platform, ARIVONIX’s systems, Hosting environment, or its networks. If necessary, your IP address, along with other collected information, may be used in the enforcement of these Terms, including investigating and preventing any security incidents.
19.
THIRD-PARTY TOOLS AND MATERIALS
19.1.
19.2.
19.2.1.
19.2.2.
19.2.3.
20.
CONFIDENTIALITY
20.1.
21.
INDEMNIFICATION
21.1.
22.
SEVERANCE
22.1.
23.
ENTIRE AGREEMENT
23.1.
24.
GOVERNING LAW
24.1.
24.2.
25.
CHANGES TO TERMS OF USE
25.1.
25.2.
26.
INDEPENDENT CONTRACTORS
26.1.
27.
ASSIGNMENT
27.1.
28.
CONTACT US
28.1.
If you have any questions regarding the Platform or these Terms, please contact us via the “Contact Us” form on our website. You can also contact ARIVONIX at the following address or phone number:
309 FELLOWSHIP ROAD,
SUITE 200, EAST GATE CENTER,
MT. LAUREL, NEW JERSEY 080543
Email ID: hello@arivonix.com
Please note that electronic communications may not be completely secure. You should not include sensitive information, such as credit card details, in any electronic correspondence with Arivonix, except when using secure online payment gateways for payments.