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Welcome to https://decart.ai and https://oasis.eu.decart.ai/ (together with its subdomains, Materials, Marks, features and services, the “Websites”) or to Decart.ai mobile application (the “App”; collectively, the “Platform”). Please read the following Terms of Use carefully before using this Platform so that you are aware of your legal rights and obligations with respect to Decart.AI, Inc. (“Decart.ai”, “we”, “our” or “us”). By accessing or using the Platform, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (collectively, the “Terms”). To the maximum extent permitted by law, you hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records. If you do not agree to be bound by these Terms please do not access or use the Platform. Please read the following carefully before using the Platform or the Content (as defined below) provided by the Platform.Notably, these terms are a binding agreement and include mandatory arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions and limits the remedies available to you in the event of certain disputes.By accepting these terms, either by clicking a box indicating your acceptance, by downloading our mobile application, establishing an account, or using the platform, you agree that you: (a) have read and understood this agreement; (b) represent that you are at least 13 years old and, if you are a minor, that you have permission from your parent or legal guardian to create an account and agree to these terms; and (c) agree that you are legally bound by these terms.
By using the Platform provided by Decart.ai, you will be able to submit or choose prompts, and/or photos, and other materials (collectively “Input“) and generate text, images, sessions and other output based on the Input (“Output“) (Input and Output is collectively called “Content”).
To the maximum extent permitted by law, we reserve the right, at our discretion, to change these Terms at any time. Nonmaterial changes will be effective immediately following the posting of the revised Terms on the Platform. Material changes will be effective ten (10) days following posting of the revised Terms on the Platform. Your continued use of the Platform after posting a revised version of the Terms means that you accept those changes. To the maximum extent permitted by law, we also reserve the right to change any service provided on the Platform or the Platform itself at our sole discretion, at any time. Such change will be effective immediately.
The Platform is only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not visit or use the Platform. Additionally, if you are a citizen or resident of the European Economic Area, and you are under 16 years old please do not visit or use the Platform. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before visiting or using the Platform to make sure that you and your parent or guardian understand these Terms and agree to them. We reserve the right to suspend access to the Platform to any person in breach of this Section.
For such time as these Terms are in effect, we hereby grant you permission to visit and use the Platform provided that you comply with these Terms and applicable law and provided that you do not violate, infringe, or misappropriate any third party right (including, without limitation, intellectual property rights or privacy rights).
You shall not: (i) copy, distribute or modify any part of the Platform without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Materials (defined below); (iii) disrupt servers or networks connected to the Platform; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Platform; (v) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Platform’s source code, in whole or in part; (vi) circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Materials or that enforce limitations on use of the Platform; and/or (vii) input illegal Content, as detailed in Section 8.2 below, or use the Platform in violation of these Terms, applicable law or third-party rights.
In order to use some of the services of the Platform, you may have to create an account (“Account”). You agree not to create an Account for anyone else or use the account of another person without their permission. When creating your Account, you must provide lawful, accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Decart.ai immediately of any breach of security or unauthorized use of your Account. As between you and Decart.ai, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to Decart.ai at info@Decart.ai.
Except as expressly set forth in the Terms, your general right to access and use the Platform is currently for free, but Decart.ai may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Platform unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Platform.
8.1 Your Content. As between the parties and to the extent permitted by applicable law, you own your Input. Subject to your compliance with these Terms, Decart.ai hereby assigns to you all its right, title and interest in and to Output. This means you can use your Content for any purpose, including commercial purposes such as sale or publication, but only if you comply with these Terms at all times. Decart.ai may use Content to develop, improve, provide and maintain the Platform and in furthering its business, comply with applicable law, defend and enforce our rights or the rights of other users, and enforce our policies.
8.2 Your Responsibility. To the maximum extent permitted, you are solely responsible for the Content, including for ensuring that it does not violate any applicable law or these Terms or any third-party rights. You represent and warrant that you own or have all the necessary rights and permissions to provide the Input and use it in the context of the Platform.
8.3 Processing of Personal Data. If you use the Platform to process personal data of third parties, you must provide legally adequate privacy notices, obtain all necessary consents and comply with all the necessary obligations for the processing of such data to be lawful at all times in the context of the Platform, and you represent and warrant to us that you are processing such data in full compliance with applicable laws and regulations.
8.4 Similarity of Output. You acknowledge and understand that, due to the nature of machine learning and generative artificial intelligence, Output may not be unique across users and the Platform may generate the same or similar output for a third party. Other users may also ask similar questions/queries and receive the same or similar responses. Responses that are requested by and generated for other users are not considered your Content. To the maximum extent permitted by law, you shall release us from any liability in relation to the foregoing.
8.5 Use of Content. We may use Content to help develop and improve the Platform. Furthermore, You grant us the right to use the Content for marketing and/or promotional purposes including without limitation, on our Platform, and on social media. Decart.ai is not responsible and shall not be held liable for any claim arising from your use of the Content in any manner.
8.6 Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Platform to make it more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, the use of our Platform may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts or achieve the desired goal or purpose. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output. To the maximum extent permitted by law, we shall not be responsible or held liable for the Output or your reliance on the Output.
9.1 Materials and Marks. The: (i) Platform and the content on the Platform, including without limitation, the Intellectual Property Rights (defined below), text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features and services, other than the Content (collectively, the “Materials”); and (ii) trademarks, service marks and logos contained therein (“Marks”), are the property of Decart.ai and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Decart.ai”, the Decart.ai logo, and other marks are Marks of Decart.ai or its affiliates. All other trademarks, service marks, and logos used on the Platform are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Platform and the Materials. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory or judicial authority, foreign or domestic
9.2 Use of Materials. Materials on the Platform are provided to you for your information and personal non-commercial use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Materials you must retain all copyright and other proprietary notices contained therein. Feedback. We appreciate
9.3 We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may implement it or use it without restrictions, obligations, or any compensation to you.
10.1 The Platform enables you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us ("Third Party Content"). The Platform may also enable you to communicate and interact with Third Party Sources. "Third Party Source(s)" means: (i) third party platforms, services and technologies; and (ii) our partners and customers.
10.2 We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity.
10.3 We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights of, or relating to, any Third Party Content.
We do not endorse any advertising, promotions, campaigns, products, services or other materials that are included in any Third Party Content or that is communicated to you from a Third Party Source.
10.4 By using the Platform you may be exposed to Third Party Content that is inaccurate, offensive, indecent or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
10.5 You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Decart.ai, and release Decart.ai from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
Portions of the Platform may include third party open source software that is subject to third party terms and conditions, ("Third Party Terms"). If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. Notwithstanding anything in this Agreement to the contrary, Decart.ai makes no warranty or indemnity hereunder with respect to any third party open source software.
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Materials available on the Platform are accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Materials, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Materials. Your use of the Materials, or any part thereof, is made solely at your own risk and responsibility.
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Platform, and your use thereof, which we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including to investigate potential violations of them; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Decart.ai, its users or the public.
14.1 The Platform may contain links, and may enable you to post content, to third party platforms that are not owned or controlled by Decart.ai. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party platforms. You: (i) are solely responsible and liable for your use of and linking to third party platforms and any content that you may send or post to a third party platform; and (ii) expressly release Decart.ai from any and all liability arising from your use of any third party platform. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party platform that you may choose to visit.
14.2 Decart.ai permits you to link to the Platform provided that: (i) you link to but do not replicate any page on this Platform; (ii) the hyperlink text shall accurately describe the Materials as it appears on the Platform; (iii) you shall not misrepresent your relationship with Decart.ai or present any false information about Decart.ai and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a Platform (“Third Party Platform”) which prohibits linking to third parties; (v) such Third Party Platform does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you comply with these Terms and applicable law.
For information on how we use your Personal Data, please read our Privacy Policy available on the Platform or here.
It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright and Content Policy attached hereto as Schedule B.
17.1 This section applies whether or not the services provided under the Platform are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
17.2 THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. DECART.AI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. DECART.AI DOES NOT GUARANTEE THAT THE PLATFORM OR THE CONTENT WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE PLATFORM AND THE CONTENT MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT DECART.AI WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE PLATFORM BY A THIRD PARTY.
17.3 WHILE THE PLATFORM MAY PROVIDE ACCESS TO CERTAIN INFORMATION, THE PLATFORM CANNOT, AND IS NOT INTENDED TO, PROVIDE ANY PROFESSIONAL ADVICE OF ANY KIND. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR USE OF THE PLATFORM AND/OR USE OF THE CONTENT OR ANY INFORMATION PROVIDED BY THE PLATFORM.
17.4 EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, DECART.AI DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE PLATFORM
18.1 TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DECART.AI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, EVEN IF DECART.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
18.2 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DECART.AI FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE PLATFORM EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO DECART.AI FOR USING THE PLATFORM DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Decart.ai and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Platform; (ii) your Content and/or any use thereof; (iii) the Materials; (iv) your violation or any violation of proprietary rights and/or any other third party rights, including without limitation Intellectual Property Rights or privacy rights; (v) your violation of these Terms or other terms from third parties associated with Third Party Content; and/or (vi) any other violation of any other applicable law or regulation
These Terms are effective until terminated by Decart.ai or you. Decart.ai, in its sole discretion, has the right to terminate these Terms and/or your access to the Platform, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Without derogating from any other provision of this Agreement, in the event of any breach of these Terms, Decart.ai reserves the right to suspend your access to the Site and its services temporarily until such breach is cured, or indefinitely if deemed to be permitted by Decart.ai. Suspension may occur without prior notice and is at the sole discretion of Decart.ai. Decart.ai shall not be liable to you or any third party for termination or suspension of the Platform, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Platform in any way, your only recourse is to immediately discontinue use of the Platform. Upon termination of these Terms, you shall cease all use of the Platform. This Section 20 and Sections 8 (Content), 9 (Intellectual Property Rights), 15 (Privacy) to 19 (Indemnity), and 21 (Independent Contractors) to 26 (No Waiver) shall survive termination of these Terms.
You and Decart.ai are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Decart.ai. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Decart.ai.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Decart.ai without restriction or notification to you.
23.1 In the event of any claim, controversy, or dispute under or otherwise in connection with this Agreement (a "Dispute"), such Dispute shall be resolved exclusively by arbitration in accordance with Schedule A attached hereto. However, if the Dispute is not subject to arbitration (either because you opted-out of the arbitration in the manner described in Schedule A, or because a court of competent jurisdiction determined that the agreement to arbitrate does not apply to you or the Dispute) then the Dispute shall be subject to the exclusive jurisdiction and venue of the competent courts located in the State of New York, and the Parties hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and waive any jurisdictional, improper venue, inconvenient forum, or other objections to such jurisdiction and venue.
23.2 Regardless of any law to the contrary, you agree that any claim or cause of action arising under, or otherwise in connection with, this Agreement must be filed within ONE (1) YEAR after such claim or cause of action arose, or else you agree that such claim or cause of action will be barred forever. Any claims or damages that you make hereunder shall only be enforceable against Decart.ai, and not any other entity (such as Decart.ai affiliates) or Decart.ai officers, directors, representatives, employees, or agents. Moreover, if you are a consumer (as defined in the laws of your jurisdiction), this Agreement is not intended to, and shall not, exclude or limit any mandatory rights you may have under the consumer protection laws of your jurisdiction.
These Terms and the relationship between you and Decart.ai shall be governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflict of laws.
These Terms shall constitute the entire agreement between you and Decart.ai concerning the Platform. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Nothing in these terms is intended to cancel or limit your statutory rights that cannot be canceled or limited by applicable law; however, these Terms will be interpreted and applied to the maximum extent permitted by law.
Mandatory Arbitration
Decart.ai wants to address your concerns without the need for a formal legal dispute. Before filing a claim against Decart.ai, you agree to try to resolve the Dispute informally by contacting contact@Decart.ai. If a Dispute is not resolved within 30 days after the email noting the Dispute is sent, you may initiate proceedings, as set forth in this Schedule A.You and Decart.ai agree that this Agreement affects interstate commerce and that the enforceability of this Schedule A shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.Unless the Parties expressly agree otherwise in writing, the arbitration shall take place in-person in New York, New York, except that if telephonic or other remote electronic means are available and permissible, then you may elect to conduct the arbitration via such means. You agree that: (a) any arbitration will occur in New York City, New York, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section, and (c) that the state or federal courts of the State of New York, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. The arbitrator must honor the terms and conditions of this Agreement (including, but not limited to, all liability exclusions and limitations), and shall not make any award or decision that is contrary to, or in excess of, what this Agreement provides.The AAA Rules are available at https://www.adr.org/Rules the AAA at 1-800-778-7879. By agreeing to be bound by this Agreement, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.The arbitrator’s decision must be in writing, and will include the essential findings and conclusions upon which the award is based. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. In the event any litigation should arise between you and Decart.ai in any court in a proceeding to vacate or enforce an arbitration award, YOU AND DECART.AI HEREBY IRREVOCABLY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the proceeding be resolved by a judge. The arbitrator may award declaratory or injunctive relief only in favor of the plaintiff/claimant and only to the extent necessary to provide relief warranted by the plaintiff's/claimant’s individual claim.Regardless of who initiates arbitration for a Dispute, you will always remain responsible for your costs relating to counsel, experts, witnesses, and travel to the arbitration. We will not seek attorneys’ fees and costs in arbitration (unless the arbitrator determines the claims are frivolous). If Decart.ai initiates an arbitration for a Dispute, Decart.ai will pay all administrative fees and costs related to the arbitration, including all professional fees for the arbitrator’s services.All aspects of the arbitration proceeding, including but not limited to the decision and award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain its confidentiality, unless (and in such cases, only to the extent) otherwise required by applicable law. This paragraph shall not prevent a party from submitting to a court any information necessary to enforce an arbitration award or to seek equitable relief. YOU ACKNOWLEDGE AND AGREE THAT, EVEN IF ANYTHING IN THE AAA RULES PERMITS OTHERWISE AND EVEN IF YOU OPT-OUT OF THIS AGREEMENT
TO ARBITRATE:
YOU AND DECART.AI ARE HEREBY EACH IRREVOCABLY WAIVING THE RIGHT TO PARTICIPATE (FOR EXAMPLE, AS A CLASS REPRESENTATIVE OR CLASS MEMBER) IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER CLASS-WIDE OR REPRESENTATIVE ACTION OR PROCEEDING, AND THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY; AND
NO ARBITRATION WILL BE JOINED TO ANY OTHER ARBITRATION, AND THE ARBITRATOR MAY NOT CONSOLIDATE ANY INDIVIDUAL PARTY’S DISPUTE WITH ANY OTHER PARTY’S DISPUTE.OPT-OUT: You can choose to reject this agreement to arbitrate (“Opt-out”) by emailing contact@Decart.ai within thirty (30) days after the date you agree to this Agreement for the first time. The Opt-out email you send to us must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number, and email address. Providing an Opt-out notice is the only way you can opt-out of this agreement to arbitrate. If you Opt-out of this agreement to arbitrate, all other provisions of the Agreement will continue to apply, and you will not permitted to invoke this agreement to arbitrate to resolve any Dispute with Decart.ai.
To the extent any provision of this Schedule A is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, you and Decart.ai agree that the provisions of Section 25 (Severability) shall apply.
Copyright and Content Policy
1. Removal of Content. It is the policy of Decart.Ai, Inc. and its affiliates and subsidiaries to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement. Pursuant to the Digital Millennium Copyright Act (the "DMCA"), we have designated a Copyright Agent (as specified below) to receive notifications of claimed copyright infringement in connection with our Website (available at: https://www.Decart.ai) and mobile application (collectively the "Platform"). Please be advised that we enforce a policy that provides for the termination of inappropriate circumstances of users who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent with the following information in accordance with the DMCA:(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
(ii) A description of the copyrighted work you claim has been infringed;
(iii) A description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it. Providing URLs or images in the body of an email is the best way to help us locate content quickly;
(iv) Your address, telephone number, and email address;
(v) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
2. Counter-Notification. If you believe that the material you posted was removed from the Platform by mistake and that you have the right to post the material, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following (please consult your legal counsel or see the DMCA to confirm these requirements):(i) Your physical or electronic signature;
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs or images in the body of an email is the best way to help us locate content quickly;
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of theFederal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the Platform may be found or accessed, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.3.
Misrepresentations. Please note that under the DMCA (at 17 U.S.C. Section 512(f)) any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.4. Copyright Agent. Our agent for notice of claims of copyright infringement ("Copyright Agent") can be reached as follows:
Copyright Compliance Department
Email: info@Decart.ai.
Telephone: +1-415-713-7600.
Address: 1007 North Orange Street, 10th Floor; Wilmington, DE 19801, USA
TO ARBITRATE:
YOU AND DECART.AI ARE HEREBY EACH IRREVOCABLY WAIVING THE RIGHT TO PARTICIPATE (FOR EXAMPLE, AS A CLASS REPRESENTATIVE OR CLASS MEMBER) IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER CLASS-WIDE OR REPRESENTATIVE ACTION OR PROCEEDING, AND THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY; AND
NO ARBITRATION WILL BE JOINED TO ANY OTHER ARBITRATION, AND THE ARBITRATOR MAY NOT CONSOLIDATE ANY INDIVIDUAL PARTY’S DISPUTE WITH ANY OTHER PARTY’S DISPUTE.OPT-OUT: You can choose to reject this agreement to arbitrate (“Opt-out”) by emailing contact@Decart.ai within thirty (30) days after the date you agree to this Agreement for the first time. The Opt-out email you send to us must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number, and email address. Providing an Opt-out notice is the only way you can opt-out of this agreement to arbitrate. If you Opt-out of this agreement to arbitrate, all other provisions of the Agreement will continue to apply, and you will not permitted to invoke this agreement to arbitrate to resolve any Dispute with Decart.ai.
To the extent any provision of this Schedule A is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, you and Decart.ai agree that the provisions of Section 25 (Severability) shall apply.
Thanks!
