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Terms of Service

Effective Date: March 8, 2023

Thank you for using Azara!

These terms and conditions are entered into by and between you and Blackbox AI Inc.. (“Blackbox AI”, “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Website Terms of Use”), govern your access to and use of the website, sub-domains, pages, features, content, and services owned or operated by Blackbox AI or its affiliates (collectively referred to herein as the “Services”), whether as a guest or a registered user.

By using the Website, you represent and affirm that you are of legal age to form a binding contract with Blackbox AI, meet all indicated eligibility requirements, and accept and agree to be bound and abide by these Website Terms of Use.

 

Registration and Access

You must be at least 13 years old to use the Services. If you are under 18, you must have your parent or legal guardian’s permission to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf.

You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.

 

Additional Terms and Order of Precedence

If you are acting on behalf of an entity (a “Blackbox AI Customer”) having a valid, signed agreement with Blackbox AI or any affiliated entities (a “Governing Agreement”) or were authorized by, or received access or any subscription entitlement to the Services by a Blackbox AI Customer, then you shall be considered a “Business User” and the Governing Agreement, supplemented by these Website Terms of Use, shall govern your access to and use of the Services and control to the extent of any conflict.

If you are a Business User, you acknowledge and agree that, in consideration of your receipt of access or any subscription entitlement to the Services from an associated Blackbox AI Customer that Blackbox AI may (i) provide such Blackbox AI Customer and/or its authorized account administrator with the ability to access, use, remove, retain, and control your account and any associated information and content and (ii) provide your account information, including any associated personal information or personal data, as defined by applicable data privacy law(s), to the Blackbox AI Customer and/or its authorized account administrator.

 

Access and Account Security

If you choose, or are provided with account information (e.g., a user name, password or any other piece of information) whether during the creation of an account for access to the Services, as part of our security procedures, or otherwise, you must treat such account information as confidential, and you must not share account information or disclose it to any other person or entity (other than an authorized account administrator). Your account administrator may use your account information to manage your use and access to the Services. You are responsible for all activity associated with your account even if that activity is not performed by you or is performed without your knowledge or consent. You also acknowledge that your account is personal to you and agree to notify us immediately of any unauthorized access to or use of your account information or any other breach of security.

You may use the Services only for lawful purposes and in accordance with these Website Terms of Use.

 

Subscriptions

Some parts of Services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Blackbox AI cancels it. You may cancel your Subscription renewal either through your Account or by contacting Blackbox AI’s customer support team at contact biz@Blackbox AI.ai. A valid payment method, including credit or debit card, Apple Pay or Google Pay, is required to process the payment for your subscription. You shall provide the Blackbox AI with accurate and complete billing information including (i) full name, (ii) email address, (iii) country, (iv) business’s legal entity name, (v) VAT tax number and (vi) a valid payment method information. By submitting such payment information, you automatically authorize Blackbox AI to charge all Subscription fees incurred through your Account to any such payment instruments. Should automatic billing fail to occur for any reason, Blackbox AI will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: service availability, errors in the description or price of the service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Blackbox AI is not responsible for any additional fees, including taxes, imposed by the relevant authorities of the country in which the person submitting an order resides / is located. Payment of these additional fees remains the responsibility of the person submitting the order.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

 

Privacy

It is a condition of your use of the Services that all account information you provide is correct, current, and complete. You agree that all information you provide in connection with the Services or to use any of its features is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.

 

Prohibited Uses

You may use Services or Website only for lawful purposes and in accordance with Website Terms of Use. You agree not to use Service or Website:

  • in any way that violates any applicable national or international law or regulation,

  • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise,

  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation,

  • to impersonate or attempt to impersonate Company, a Company employee, another User, or any other person or entity,

  • in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity,

  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service or Website, or which, as determined by us, may harm or offend Company or Users of Service or Website or expose them to liability.

Additionally, you agree not to:

  • use Service and Website in any manner that could disable, overburden, damage, or impair Service or Website or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service or Website,

  • use any robot, spider, or other automatic device, process, or means to access Service or Website for any purpose, including monitoring or copying any of the material on Service or Website,

  • use any manual process to monitor or copy any of the material on Service or Website or for any other unauthorized purpose without our prior written consent,

  • use any device, software, or routine that interferes with the proper working of Service or Website,

  • introduce any viruses, trojan horses, worms, logic bombs, or other material, which is malicious or technologically harmful,

  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service or Website, the server on which Service or Website is stored, or any server, computer, or database connected to Service or Website,

  • attack Service or Website via a denial-of-service attack or a distributed denial-of-service attack,

  • take any action that may damage or falsify Company rating,

  • otherwise attempt to interfere with the proper working of Service or Website.

 

Services Updates and Availability

We reserve the right to withdraw or amend the Services, and any features, functions, elements, or materials we provide on or via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all of the Services, to users, including registered users. You are responsible for keeping your account active including signing in periodically. If you don't sign into an account periodically for which no fee is charged by Blackbox AI, we reserve the right to assume your account is inactive, and you agree that we may close it for you. You understand that you will lose access to any content stored in your account upon closure.

You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, we do not guarantee its functionality, and you are responsible for compliance with local laws.

 

Blackbox AI and Third-Party Intellectual Property

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Blackbox AI, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Blackbox AI name, Azara name, the terms on the site, the Blackbox AI logo and all related names, logos, product and service names, designs, and slogans are trademarks of Blackbox AI or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Except as stated in these Website Terms of Use or your Governing Agreement, if applicable, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services. This means you may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. All rights not expressly granted are reserved by Blackbox AI. Any use of the Services not expressly permitted by these Website Terms of Use is a breach of your agreement with Blackbox AI and may violate copyright, trademark, and other laws.

You must not remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof.

The Services may display, include, or make available content provided by third parties or provide links to third-party websites or services (“Third-Party Materials”). Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. All statements and/or opinions expressed in any Third-Party Materials are solely the opinions and the responsibility of the person or entity providing such content and do not necessarily reflect the opinion of Blackbox AI. We are not responsible, or liable to you or any third party, for the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of any Third-Party Materials.

You shall not modify, reverse engineer, decompile, disassemble or attempt to derive source code from Website Terms of Use or the Website or any portion thereof. You are not entitled to create and/or publish APIs or otherwise proxying access to the Service or the Website nor is allowed to use the Service or the Website in an automated manner (that is by machine or computer program).

 

Copyright Complaints

Blackbox AI respects the intellectual property rights of others, and we expect our users to do the same. If you believe that your intellectual property rights have been infringed, please send notice to the address below. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers. If you believe your copyrighte has been infringed upon, please send written notice to: info@BlackboxAI.com

 

License to your Content and Feedback

Your Content. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input, and subject to your compliance with these Terms, Blackbox AI hereby assigns to you all its right, title and interest in and to Output. Blackbox AI may use Content as necessary to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.

Similarity of Content. Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for Blackbox AI or a third party. For example, you may provide input to a model such as “What color is the sky?” and receive output such as “The sky is blue.” Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Content.

 

Use of Content to Improve Services. You agree that we may use Content that you provide to or receive from our Service to develop and improve our Services. You agree to grant and do hereby grant to Blackbox AI, solely for the purposes of operating or improving the Services, a non-exclusive, worldwide, royalty-free, sublicensable, license to use, reproduce, publicly display, distribute, modify, create derivative works based on, publicly perform, and translate any content created within, or submitted to the Services by you or on your behalf.

 

Feedback. You may, at your own discretion, choose to provide us with ideas, suggestions, proposals, or bug or crash reports for the Services ("Feedback"). In such event, you agree that we are the owner of such Feedback, and we are free to use it for our business purposes, including by incorporation into the Services or any Blackbox AI product or services without any payment or attribution or other obligation to you.

 

Warranty Disclaimer

THE SERVICES ARE PROVIDED BY Blackbox AI ON AN “AS IS” AND “AS AVAILABLE” BASIS. Blackbox AI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER Blackbox AI NOR ANY PERSON ASSOCIATED WITH Blackbox AI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER Blackbox AI NOR ANYONE ASSOCIATED WITH Blackbox AI REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. Blackbox AI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability

Blackbox AI shall not be liable for the consequences of complying with the content of tips, articles, or other publications on the Website or the Service, including the content provided by the AI computer. You acknowledge that the AI computer that provides the content in the Service and/or the Website is not the expert and may be mistaken and you cannot rely on its answers or advice. In particular, it cannot replace any professional recommendation. Blackbox AI shall not be liable to the customers of the User for the use of the Service and the Content provided by the Service to the User’s customers. Blackbox AI shall not be liable for the consequences of installing or sending any malicious software, phishing, or any other practices undertaken by other entities to the Service. Blackbox AI shall not be liable for any breaks in the operation of the Service. Blackbox AI shall not be liable for the consequences of phenomena known as force majeure, including in particular power outages, fires, atmospheric phenomena, wars, riots, strikes, and other similar events that are not affected by Blackbox AI.

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THESE TERMS AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF Blackbox AI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF Blackbox AI, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Your Warranty and Indemnification Obligations

You represent and warrant that you have all necessary rights, licenses, and permissions to use the Services and to create or submit any content you provide and further to grant the licenses in these Website Terms of Use. By using the Services, you agree to defend, indemnify, and hold harmless Blackbox AI, our officers, directors, stockholders, employees, agents, contractors, partners, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses arising from your breach of these Terms, your illegal conduct, or your violation of the rights of any third party, including rights available under our agreements with any other third party. Those claims, liabilities, damages, losses, or expenses may include but are not limited to, reasonable attorneys’ fees, court costs, and costs that arise out of or are in any way connected with your access to or use of the Services, your violation of or failure to perform any obligation under these Terms, or your violation of any rights of any third party.

 

Export Control

The Services may not be used in or for the benefit of, exported, or re-exported (a) into any U.S. embargoed countries (collectively, the “Embargoed Countries”) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, any other restricted party lists (existing now or in the future) identified by the Office of Foreign Asset Control, or the U.S. Department of Commerce Denied Persons List or Entity List, or any other restricted party lists. You represent and warrant that you are not located in any Embargoed Countries and not on any such restricted party lists. You must comply with all applicable laws related to Embargoed Countries or Restricted Party Lists, including any requirements or obligations to know your end users directly.

 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

Equitable Remedies

You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to Blackbox AI and its affiliates, and Blackbox AI shall have the right to seek injunctive relief against you in addition to any other legal remedies.

 

Severability

If any provision of these Website Terms of Use is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of these Website Terms of Use will continue in full force and effect.

 

Survival

Following any expiration or termination of these Website Terms of Use, your indemnification obligations and our warranty disclaimers and limitations of liabilities, as well as the dispute resolution provisions provided for in these Website Terms of Use shall survive.

 

Personal Data Protection and Security

Blackbox AI processes personal data with due diligence and ensures adequate technical and organizational security measures. Detailed information about the protection of personal data can be found in the Privacy Policy. Blackbox AI shall not be liable for the personal data protection of the User’s customers that use the Service. Blackbox AI shall not be liable for the contents and rules of personal data protection and privacy on the Other Websites, including those to which the Links refer. Blackbox AI shall not be liable for the damages caused by browsing the Other Websites or posting any personal data or other information on them. Blackbox AI recommends reading the rules of personal data protection and privacy on the Other Websites, including those to which the Links refer, before starting using them, in particular before publishing your own personal data or other essential information on the Other Websites.

 

Termination

We may terminate or suspend your Account and ban access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your Account, you may simply discontinue using the Service. All provisions of Terms that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

These Website Terms of Use shall be governed by the laws of the United States. You hereby irrevocably agree that all disputes arising out of this Website's Terms of Use shall be exclusively referred to and finally resolved by, arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force which rules are deemed to be incorporated by reference into this Website Terms of Use. The number of arbitrators shall be three (3) and the language of the arbitration proceedings and written decisions or correspondence shall be English. The seat of arbitration shall be Singapore. The award of the arbitration tribunal shall be final and binding upon the Parties.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Entire Agreement

These Website Terms of Use constitute the entire agreement between you and Blackbox AI with respect to the Services and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

 

Waiver

No waiver by Blackbox AI of any term or condition set out in these Website Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Blackbox AI to assert a right or provision under these Website Terms of Use shall not constitute a waiver of such right or provision.

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