PLEASE BE ADVISED THAT YOUR USE OF AND ACCESS TO THE NEURALSTUDIO.AI WEBSITE AND NEURALSTUDIO.AI SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
The Effective Date of these Terms and Conditions is August 1, 2018.
In these Terms and Conditions, “NeuralStudio”, "we", "us" and "our" refer to NeuralStudio SEZC. For more information about us, see the “Our Details” section at the end of this document.
By using our website, you accept these Terms and Conditions in full; accordingly, if you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use our website.
If you Sign Up with our website, we will ask you to expressly agree to these Terms and Conditions.
You must be at least 18 years of age to use our website and legally empowered in your country of residence to enter into a contract; by using our website or agreeing to these Terms and Conditions, you warrant and represent to us that you are at least 18 years of age and legally empowered to enter into a contract. We recommend that you print/save a copy of these Terms and Conditions for future reference.
We do not guarantee that our website will be free or secure from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access or website and should use your own virus protection software.
Copyright (c) 2018 NeuralStudio SEZC. All rights reserved.
Subject to the express provisions of these Terms and Conditions:
(a) we own and control all the copyright and other intellectual property rights in our website and in the material published on it, which includes the software which provides services, on our website; and
(b) all our rights to the copyright and other intellectual property rights in our website and the material on our website are reserved.
License to Use Website
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser for your personal use or circulation within your organization provided all copies are complete and we are acknowledged as the source;
(c) print pages from our website for your personal use or circulation within your organization provided all copies are complete and we are acknowledged as the source; and
(d) use, by means of a web browser, services provided by our website,
subject to the other provisions of these Terms and Conditions.
Except as expressly permitted by these Terms and Conditions, you must not edit or otherwise modify any material on our website.
You must not sell, rent, or sub-license any services available from our website.
Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
Except as expressly permitted by this Section or the other provisions of these Terms and Conditions, you must not download any material from our website, or save any such material to your computer, unless such material:
(a) you own or control; and
(b) you previously uploaded to our website in order to use the material with our services.
Notwithstanding the immediately preceding sentence, in addition to downloading material for which you own or control the relevant rights, you may download from your own account any files or reports generated by our services and made available to you for downloading by means of a Download button or other similar mechanism provided by us.
Furthermore, you understand and agree that in order to download and use on your premises any models that are created by services on our website, you will need to obtain a separate License and additional on-premises software from NeuralStudio.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing; or
(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
You must not use data collected from our website to contact individuals, companies or other persons or entities.
You must ensure that all the information you supply to us through our website, or in relation to our website and the services we offer, is true, accurate, current, complete and non-misleading.
Use on behalf of an Organization
If you use our website or expressly agree to these Terms and Conditions as an authorized representative on behalf of an organization, then by so doing you bind both:
(a) yourself; and
(b) the organization and all others affiliated with the organization,
to these Terms and Conditions, and in these circumstances references to "you" in these Terms and Conditions are to both the individual user and the relevant person, company or legal entity.
Registration and Accounts
To be eligible to use the services on our website, you must reside in a country that is not on the United States ITAR list of prohibited countries, and you must not be on the United States Specially Designated Nationals and Blocked Persons List.
You may sign up for an account with our website by completing and submitting the account Sign Up form on our website, and subsequently clicking on the verification link in the email that the website will send to you.
You must not allow any other person to use your account credentials to access the website.
You must notify us in writing immediately if you become aware of any unauthorised use of your account.
You must not use any other person's account credentials to access the website.
User Sign Up Details
If you sign up for an account with our website, at minimum you must provide a valid e-mail address which belongs to you, and you must choose a password. The e-mail address you provide when you Sign Up will be your User ID.
You must not use your account or user ID for or in connection with the impersonation of any person.
You must keep your password confidential.
You must notify us in writing immediately if you become aware of any disclosure of your password.
You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
Termination and Suspension of Account
(a) suspend your account;
(b) terminate your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for but have not received, and you have not breached these Terms and Conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
You may terminate your account by sending an e-mail to email@example.com, stating that you wish to terminate your account. You will not be entitled to any refund if you cancel your account in accordance with this Section. In addition, if you terminate your account in accordance with this Section, it is your responsibility to download whatever content you previously uploaded, or material generated by services on the website, before you request that your account be terminated. Upon receipt and verification of an e-mail requesting that your account be terminated, all future access to your account will be prohibited and all content, and material generated by services on the website, will be deleted.
We do not guarantee that our website, or any content on it, will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
The following services are available through our website:
(i) preparing data for use by machine learning algorithms;
(ii) creating models based on machine learning algorithms; and
(ii) running models produced by machine learning algorithms.
The detailed specifications for each service available through our website will be as set out on the website at the time that you select a service.
The services are provided by software applications which execute in the infrastructure which supports our website. On the website, we generally refer to services as jobs that start and that perform tasks for you.
If you wish to use a particular service on our website that requires payment of a fee, you must agree to pay the applicable fee associated with the requested service before you can start a job that provisions the service.
For any service (job) you want to execute, after you specify or supply the information required (used) by the service, you will be shown a summary of the information you provided, and you will have the opportunity correct any errors before starting the job.
The fee for the service will be displayed to you in the form of an invoice, and you will have the opportunity to download the invoice as a PDF file, or to print the invoice, before you agree to pay the fee and start the job. Depending on the type of account you have and the service you request, there may be no charge for the service and the invoice will reflect that there is no charge (i.e., that the amount due is USD 0).
At the time you start a job, the contract between us for the supply of the service shall come into force.
The fees in respect of our website services will be as set out on the website from time to time, and displayed to you before you start any job.
For the avoidance of doubt, the fee amount that is displayed to you in an invoice before you start any particular service is the fee that you will be charged if you subsequently choose to start the service.
All amounts stated in these Terms and Conditions or displayed on our website are stated in US dollars and must be paid in US dollars. For website services which require payment of a fee, you must pay to us the fee using a credit or debit card that is recognized internationally.
In order to start a service that requires payment of a fee, you must provide your card details and explicitly agree to pay the fee for the service. The website will then request, from the issuer of your card, authorization for the amount of the fee. If the amount of the fee is authorized the job will start. When the job completes, your card will be charged.
You will never be charged more for a service than the amount shown on the invoice presented to you and subsequently authorized by the issuer of your card. In the event a service for which a fee was authorized does not complete successfully, your card may be charged a lesser amount than was authorized, or your card will not be charged at all if the reason for the unsuccessful completion was the result of a website hardware or software malfunction.
If your card issuer declines to authorize the amount of the fee for a job, you will not be able to start the job. You will need to contact the issuer of your card to determine why the fee amount was not authorized.
We may vary fees from time to time by posting new fees on our website, but this will not affect fees that have been previously paid for services.
If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of USD 30.00; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 10.6 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognize or fail to remember the source of an entry on your card statement or other financial statement that represents a legitimate charge by us and authorized by you, and make a charge-back request as a result, this will constitute an unjustified charge-back for the purposes of this Section.
If you owe us any amount under or relating to these Terms and Conditions, we may suspend or withdraw the provision of services to you.
We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
You understand and agree that for technical and operational reasons you have limited opportunities to cancel (that is, terminate) a service which you authorized and started. You further understand and agree that any attempt to cancel a service through the means provided on the website may not be effected before the service ends, even if you attempt to cancel the service prior to your being informed that the service has ended.
You understand and agree that we will begin providing a service you request as specified in the “Services” Section, and you acknowledge that, once we begin providing the service, then:
(a) the service may complete before your cancellation can be effected, so you will be charged the full price for the service; and
(b) if the service is partially performed at the time of cancellation, you must pay to us an amount proportional to the service supplied or we may deduct such amount from any refund due to you in accordance with this Section.
In order to cancel a service, you must Sign In to your Dashboard on the website and you must use the Stop This Job button associated with the active job (service) you wish to cancel. You understand and agree that due to the technical nature and implementation of the services provided by the website, clicking the Stop This Job button may not immediately terminate the job, and as a consequence the job may run to completion before it is cancelled.
If you cancel a service as described in this Section, you will receive a full refund of any amount you paid to us in respect of the service, except as specified in this Section. Since the card you chose to use for payment is never charged until the service ends, either normally or as the result of your cancelling the service, as a practical matter any amounts due you will be reflected by your card being charged an amount less than the amount you authorized to pay for the service.
You further understand and agree that once we begin to provide a service that you authorized, as described in the “Services” Section, you will be charged a minimum fee (currently USD 10) unless the service fails to complete successfully due to a website hardware or software malfunction.
Your Content: License Granted to NeuralStudio
In these Terms and Conditions, "your content" means files that you submit to us or to our website for storage on, processing by, or transmission via, our website and the infrastructure which supports the operation of our website.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to privately store in machine-readable form, privately transfer between storage and computation units controlled by us and required for the provision of our services, and privately reproduce for backup purposes only, your content on and in relation to our website.
Your Content: Rules
You warrant and represent that your content will comply with these Terms and Conditions.
Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Your content, and the use of your content by us in accordance with these Terms and Conditions, must not:
(a) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(b) infringe any right of confidence, right of privacy or right under any personal data protection legislation;
(c) be in contempt of any court, or in breach of any court order;
(d) be in breach of official secrets legislation; and
(e) be in breach of any contractual obligation owed to any person.
If you learn of any unlawful material or activity on our website, or any material or activity that breaches these Terms and Conditions, please let us know.
You can let us know about any such material or activity by email to firstname.lastname@example.org.
We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the results produced by services provided by our website will meet your expectations for performance in any particular context;
(b) that the material on the website is up to date; or
(c) that the website or any service provided by the website will remain available.
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms and Conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law and subject to the “Limitations and Exclusions of Liability” Section, we expressly exclude all representations and warranties relating to the subject matter of these Terms and Conditions, our website, the use of our website, and the use of and results produced by services on our website.
Limitations and Exclusions of Liability
Nothing in these Terms and Conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
The limitations and exclusions of liability set out in this Section and elsewhere in these Terms and Conditions:
(a) are subject to the previous sentence in this Section; and
(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
To the extent that our website and the information and any services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these Terms and Conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
Our aggregate liability to you in respect of any contract to provide services to you under these Terms and Conditions shall not exceed the total amount paid and payable to us under contract for use of services.
You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any of our website services or any breach by you of any provision of these Terms and Conditions.
Breaches of these Terms and Conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
In the event we prohibit your access to our website, any and all content uploaded by you shall, at our sole discretion, be deleted or archived. In either case you will no longer have access to such content.
NeuralStudio, neuralstudio.ai, the neuralstudio.ai logo, NeuralWorks, NeuralWorks Predict, NeuralWare, and the NeuralWare logo are registered trademarks of NeuralStudio SEZC; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
Any third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these Terms and Conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
Changes to these Terms and Conditions
We may revise these Terms and Conditions from time to time.
We will give you written notice of any revision of these Terms and Conditions, and the revised Terms and Conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised Terms and Conditions, you must stop using our website.
If you have given your express agreement to these Terms and Conditions, we will ask for your express agreement to any revision of these Terms and Conditions; and if you do not give your express agreement to the revised Terms and Conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions.
If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third Party Rights
A contract under these Terms and Conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
The exercise of the parties' rights under a contract under these Terms and Conditions is not subject to the consent of any third party.
Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Cayman Islands.
Any disputes relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of the Cayman Islands.
Statutory and Regulatory Disclosures
We will not file a copy of these Terms and Conditions specifically in relation to each user or customer and, if we update these Terms and Conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these Terms and Conditions for future reference.
These Terms and Conditions are available in the English language only.
This website is owned and operated by NeuralStudio SEZC.
We are registered in Grand Cayman, Cayman Islands under registration number 30299, and our registered office is at HSM Corporate Services Ltd. 68 Fort Street, PO Box 31726, George Town KY1-1207 Grand Cayman, Cayman Islands.
Our principal place of business is at Cayman Enterprise City, Strathvale House, 90 North Church Street Grand Cayman, KY1-1003 Cayman Islands.
You can contact us:
(a) by telephone, on the contact number published on our website from time to time; or
(b) by email, using the email address published on our website from time to time.