Term of use for Saima

Saima understands the importance of data privacy. This Privacy Policy outlines how we collect, use, and disclose user information within our Services. We ensure you understand your rights and how we protect your personal data. All users need to read this Policy carefully before using our Services. If you disagree with any part of it, do not use our Services. By using our Services, you agree to this Privacy Policy.

As we improve our Services, this Privacy Policy may change. If we make significant changes, we will notify you via email or our website at https://saima.ai/
If you disagree with any updates, stop using our Services.

This Policy explains how we handle your personal data, your rights regarding your data, and how we manage our relationship with you concerning data privacy.

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Saima, Inc., a Delaware corporation (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” or “Terms”), govern your access to and use of the Saima application, including any content, functionality, and services offered on or through the application (“Saima”), as well as the Saima website, saima.ai, all subdomains thereof, and social media accounts and pages we operate (collectively, the “Site”), whether you are a guest or a registered user. References herein to “Saima” shall also mean and include the Site, as the context requires. References herein to “you”, “your”, or “yours" shall refer to you and any other users who access and use Saima under your subscription (collectively, “Authorized Users”). In case you are acting on behalf of an entity or organization (also, a “Corporate User”),references herein to “you”, “your”, or “yours” shall also mean your internal users who access or use Saima under your subscription and with whom you have an employment, contractor, or agency relationship (collectively, “End Users”).

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO DOWNLOAD, INSTALL, REGISTER WITH, USE, OR ACCESS Saima. BY DOWNLOADING, INSTALLING, REGISTERING WITH, USING, OR ACCESSING Saima, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE; (B) REPRESENT THAT YOU ARE OF LEGAL AGE AND CAPACITY TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY IT. IF YOU ARE A CORPORATE USER, YOU (D) FURTHER REPRESENT THAT YOU ARE AUTHORIZED TO BIND YOUR ENTITY OR ORGANIZATION, AND THAT YOUR ACCEPTANCE OF THESE TERMS LEGALLY BINDS SUCH ENTITY OR ORGANIZATION. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE Saima OR THE SITE. REFERENCES HEREIN TO “USE” OR “ACCESS” SHALL INCLUDING DOWNLOADING, INSTALLING, REGISTERING WITH, USING, AND/OR ACCESSING SAIMA, INCLUDING USING THE CONTENT, FEATURES, FUNCTIONALITY, AND/OR SERVICES OF SAIMA. THESE TERMS OF USE ALSO CONTAIN RELEASES, LIMITATIONS ON LIABILITY, AND PROVISIONS ON INDEMNITY AND ASSUMPTION OF RISK, ALL OF WHICH MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES. PLEASE REVIEW THEM CAREFULLY.

Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction and Binding Arbitration/Class Action Waiver will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on our Site at SAIMA.ai.
Your continued use of SAIMA 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. We may send you a courtesy email if we have an email address on file for you notifying you of changes to the Terms of Use.

License Grant

Subject to these terms for the applicable term of your subscription, the Company grants you a limited, non-exclusive, non-sublicensable, and non-transferable license to:
(a) download, install, register with, use, and access SAIMA and/or the Site for your personal use or internal business use on a computer owned or otherwise controlled by you (“Device”) strictly in accordance with these Terms and SAIMA’s documentation; and (b) access, download, and use on such Device the services made available in or otherwise accessible through SAIMA, strictly in accordance with these Terms. You may extend said license to your Authorized Users and End Users, as applicable, and you are authorized to distribute single-user copies of SAIMA to each End User Authorized User, as applicable, in accordance with the Terms. You represent and warrant that your Authorized Users or End Users, as applicable, acknowledge and accept these Terms, and you are responsible for the activities of your End Users or Authorized Users and their compliance with these Terms. SAIMA assumes no responsibility or liability for violations of these Terms by your Authorized Users or End Users, as the case may be.

License Restrictions

You shall not:
(a) Copy SAIMA, except as expressly permitted by this license;
(b) Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of SAIMA;
(c) Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of SAIMA or any part thereof;
(d) Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from SAIMA, including any copy thereof;
(e) Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available SAIMA, or any content, features, or functionality of SAIMA, to any third party for any reason, including by making SAIMA available on a network where it is capable of being accessed by more than one device at any time, except as expressly authorized hereunder;
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting SAIMA.

Reservation of Rights

You acknowledge and agree that SAIMA is provided under license, and not sold, to you. You do not acquire any ownership interest in SAIMA under these Terms, or any other rights thereto other than to use SAIMA in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to SAIMA, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

Collection and Use of Your Information

You acknowledge that when you download, install, register with, use, or access SAIMA, we may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of SAIMA. You also may be required to provide certain information about yourself as a condition to downloading, installing, registering with, using or accessing SAIMA or certain of its content, features, or functionality, and SAIMA may provide you with opportunities to share information about yourself with others. You acknowledge and accept that SAIMA has certain content, features, functionality, or services that are based on artificial intelligence, digital signal processing, and machine learning systems, which may also be collecting information on your use of and access to SAIMA.
All information we collect through or in connection with SAIMA and the Site is subject to our Privacy Policy, available here and incorporated herein by reference. By downloading, installing, registering with, using, accessing and providing information to or through SAIMA and the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Updates

We may from time to time in our sole discretion develop and provide application updates for SAIMA and/or otherwise make changes to all or parts of SAIMA and/or the Site, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain content, features, and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular content, features, or functionality. Based on your Device settings, when your Device is connected to the internet either:
(a) SAIMA will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates.

We may or may not backup any or all content, features, functionalities, services, or aspects of SAIMA, including your settings; however, we take no responsibility for any such material that is lost, damaged, or deleted, and you hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.

Further, we reserve the right to in any way modify the content, features, functionality, status, settings, condition, and/or other features of SAIMA for a user at any time, for any period, in our sole discretion, with or without reason or cause, and without notice.

You shall promptly download and install all Updates and acknowledge and agree that SAIMA or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of SAIMA and be subject to all terms and conditions of these Terms.

Integrating with Third Parties

Use and access of SAIMA may involve use and access of third party platforms, web pages, applications, or other tools (such as Coursera, Youtube, and other video and audio platforms). You hereby acknowledge and accept that in order to provide you with SAIMA, we may integrate with such third parties, including transmitting and receiving information in accordance with these Terms, including our Privacy Policy.

Accessing SAIMA and Account Security

To access SAIMA and/or some of its content, features, functionality, and/or services, you may be required to register a user account (“Account”), where you may be required to share certain personal information. It is a condition of your use of SAIMA that all the information you provide is correct, current, and complete. You agree that all information you provide to register with SAIMA or otherwise, including but not limited to through the use of any content, features, functionality, or services on SAIMA, is governed by our Terms of Use, including the Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Terms of Use, including the Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree not to provide any other person with access to SAIMA or portions of it using your user name, password or other security information, except as authorized by these Terms of Use. You acknowledge and agree that all activities conducted by your Authorized Users or End Users, as applicable, in the Account constitute activities conducted by you. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

You acknowledge and accept that certain content, features, functionality, and/or services of SAIMA may be unavailable to you unless you register an Account. You further acknowledge and accept that certain content, features, functionality, and/or services of SAIMA may be available subject to payment by you.

We reserve the right to withdraw or change SAIMA, and any content, features, functionality, and services we provide on SAIMA, in our sole discretion, with or without reason or cause, and without notice. We will not be liable if for any reason all or any part of SAIMA is unavailable at any time, for any period, or at all. Further, we also reserve the right to suspend, restrict, or otherwise limit users’ access to or use of SAIMA at any time, for any period, or at all, in our sole discretion, with or without reason or cause, and without notice. From time to time, we may restrict access to some or all parts of SAIMA, to users, including registered users. You are responsible for (i) making all arrangements necessary for you to have access to SAIMA; and (ii) ensuring that all persons who access SAIMA through your internet connection are aware of these Terms of Use and comply with them.

Intellectual Property Rights

SAIMA, the Site, and its and their entire contents, features, functionality, and services (including but not limited to any and all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, user accounts, Accounts, titles, computer code, themes, objects, avatars, avatar names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets” incorporated into SAIMA and/or the Site, and the client and server software, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You agree that you have no rights or title in or to any content that appears in SAIMA and/or the Site, including any virtual goods or currency appearing or originating in SAIMA and any other attributes associated with your access and use of SAIMA or stored on SAIMA’s server. As provided above, all such content, features, and functionality shall be owned by the Company, its licensors, or other providers of such material. To the extent you send or transmit any communications, comments, questions, or suggestions, or related materials to SAIMA, whether by letter, e-mail, telephone, or otherwise, whether originating from you, your End User or Authorized User, suggesting or recommending changes to SAIMA including, without limitation, new features or functionality relating thereto (“Feedback”), you hereby fully and exclusively assign to us any such Feedback upon creation. For any rights to such Feedback that cannot be assigned, you hereby grant us a perpetual, irrevocable, non-exclusive, royalty-free, fully-paid-up, fully-transferable, worldwide license (with rights to sublicense through multiple tiers of sublicensing) under your and your licensors’ intellectual property rights to reproduce, prepare derivative works of, distribute, perform, display, and otherwise fully use, practice and exploit such Feedback for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You agree and understand that SAIMA is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on SAIMA, except as follows: (i) your Device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your Device for display enhancement purposes. For the avoidance of doubt, the limitations in this paragraph do not pertain to the content created using certain features of SAIMA, if SAIMA makes available such features to you(“Your Content”).
You must not: (i) modify copies of any materials from SAIMA; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of SAIMA in breach of the Terms of Use, your right to use SAIMA may be ceased immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to SAIMA or any content on SAIMA is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of SAIMA not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the names and application icons of SAIMA, the Company and SAIMA logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use any of the foregoing without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on SAIMA are the trademarks of their respective owners. Your Obligations and Prohibited Uses

You may use SAIMA and the Site only for lawful purposes and in accordance with these Terms of Use. You agree, represent and warrant that you have obtained all necessary licenses, permissions, consents and agreements necessary for the lawful use of SAIMA.

You agree not to use SAIMA or the Site:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) or to circumvent any law, regulation or investigation;

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use;
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
• To impersonate or attempt to impersonate the Company,a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of SAIMA or the Site, or which, as determined by us, may harm the Company or users of SAIMA or the Site or expose them to liability.

Additionally, you agree not to:

• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use;
• Use any robot, spider or other automatic device, process or means to access SAIMA for any purpose, including monitoring or copying any of the material on SAIMA;
• Use any manual process to monitor or copy any of the material on SAIMA or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of SAIMA; 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 SAIMA, the server on which SAIMA is stored, or any server, computer, Device, or database connected to SAIMA;
• Attack SAIMA via a denial-of-service attack or a distributed denial-of-service attack;
  Otherwise attempt to interfere with the proper working of SAIMA;

Reliance on Information Posted

The information presented on or through SAIMA and/or the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor of SAIMA and/or the Site, or by anyone who may be informed of any of its contents.

Third-Party Materials and Links

SAIMA and/or the Site may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials provided by other users and third parties) or provide links (each, a “Link”) to third-party websites, sites, resources, or services, as well as links to websites or applications (collectively, including Links, the “Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. All statements and/or opinions expressed in Third-Party Materials, other than the content provided by the Company, are solely the responsibility of the person or entity providing the same. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. We have no control over the contents of Third-Party Materials and Links, sites, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Materials and Links linked to SAIMA and/or the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Materials and Links. Third-Party Materials, Links, 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 and privacy policies.

Purchases and Payments

SAIMA will be provided according to the subscription plan level you select. For an enterprise license, you may contact Company separately. You may opt to upgrade or downgrade to any other plan level that Company offers at any time during the period of your plan; provided that a downgrade will not be effective until the next renewal date.

Additional in-app purchases, when and if available, within SAIMA will be added to your subscription, and you will be charged a fee and any applicable tax. You agree to pay Company or Company’s authorized reseller, as applicable, all fees. Fees will be billed by our authorized resellers or our third party payment provider to the credit card or other payment account you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable. Unless you have purchased SAIMA through an authorized reseller You acknowledge and agree that Company or its third party payment provider will automatically charge your credit card or other payment account on record with Company in connection with your use of SAIMA: in advance of each subscription term and at the time of purchase for any additional in-app purchases, when and if available, you make during the subscription term. Enterprise billing will be as agreed upon in writing by you and SAIMA or Company’s authorized reseller, as applicable. Subscriptions will be automatically-renew for the same term as the initial term, as set forth in the Term; Cancellation and Refund Section below. You represent and warrant to the Company that all of your payment information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If payment is not received by Company or Company’s authorized reseller or cannot be charged to your credit card or other payment account for any reason, Company reserves the right to either suspend or terminate your access to SAIMA and terminate this Agreement. All fees are non-refundable, except as expressly stated otherwise in this Agreement.

You will pay all applicable taxes, duties, withholdings, backup withholding and the like; when Company has the legal obligation to pay or collect such taxes, the appropriate amount shall be paid by you directly to Company or Company’s authorized reseller, as applicable. If all or any part of any payment owed to Company under these Terms is withheld, based upon a claim that such withholding is required pursuant to the tax laws of any country or its political subdivisions and/or any tax treaty between the U.S. and any such country, such payment shall be increased by the amount necessary to result in a net payment to Company of the amounts otherwise payable under these Terms. Company may change its fees and payment terms at its discretion; provided however, that such changes will not take effect for you until the start of the next payment period. Company will provide written notice to you (or, if you have purchased through an authorized reseller, notice to the reseller) for any changes to the fees that affect the SAIMA subscription purchased by you. Your continued use of SAIMA after the price change becomes effective constitutes your agreement to pay the changed amount. SAIMA may offer rewards to users, in the form of credits or other forms, based on their actions on SAIMA and in accordance with SAIMA policies.

Term; Cancellation and Refund

The term of your subscription to SAIMA will automatically renew for successive terms equal in duration to the initial subscription term unless you cancel in advance of the renewal date by following the instructions in your account. If you do not cancel in advance of the renewal date, you will be charged applicable fees and taxes and such fees and taxes are non-refundable.

Subject to earlier termination as provided below, Company may terminate your account and these Terms at any time by providing thirty (30) days prior notice to the administrative email address associated with your account. In addition to any other remedies Company may have, Company may also terminate this Agreement upon ten (10) days’ notice (or two (2) days in the case of nonpayment to Company or Company’s authorized reseller, as applicable), if you breach any of the terms or conditions of these Terms. All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

Upon the termination of these Terms for any reason:
(i) the licenses granted under these Terms for SAIMA shall immediately terminate and you, your End Users or Authorized Users, as applicable, shall cease use of SAIMA;
(ii) Company will cease providing SAIMA to you;
(iii) you shall pay to Company or Company’s authorized reseller, as applicable, the full amount of any outstanding fees due hereunder. No fees are refundable upon termination of these Terms for any reason.

DISCLAIMER OF WARRANTIES

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DEVICE PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF SAIMA OR ANY SERVICES OR ITEMS OBTAINED THROUGH SAIMA OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY LINKS, APPLICATION OR WEBSITE (EACH, A “PAGE”) LINKED TO IT.

YOUR USE OF SAIMA, ITS CONTENT, FEATURES, FUNCTIONALITY, AND ANY SERVICES OR ITEMS OBTAINED THROUGH SAIMA IS AT YOUR OWN RISK. SAIMA, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH SAIMA ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO SAIMA, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF SAIMA, ITS CONTENT, FEATURES, FUNCTIONALITY, AND SERVICES, AND ITEMS OBTAINED THROUGH SAIMA, OR THAT THE SAME ARE ACCURATE, RELIABLE, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT SAIMA OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT SAIMA OR ANY SERVICES OR ITEMS OBTAINED THROUGH SAIMA WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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 ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, SAIMA, ANY SITES LINKED TO IT, ANY CONTENT ON SAIMA OR SUCH OTHER SITES OR SUCH OTHER PAGES OR ANY SERVICES OR ITEMS OBTAINED THROUGH SAIMA OR SUCH OTHER SITES OR SUCH OTHER PAGES. YOUR SOLE AND EXCLUSIVE REMEDY IN CASE OF ANY GRIEVANCE, ACTION, OR COMPLAINT IN REGARDS TO SAIMA OR BREACH BY US OF THESE TERMS IS TO DISCONTINUE YOUR USE OF SAIMA. NOTWITHSTANDING ANYTHING CONTRARY IN THESE TERMS, OUR (AND OUR AFFILIATES’) AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (UNDER ANY LEGAL THEORY, CAUSE, OR GROUND, WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT THE COMPANY HAS ACTUALLY RECEIVED FROM YOU OR COMPANY’S AUTHORIZED RESELLER, AS APPLICABLE, DURING THE
12 MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GIVES RIGHT TO YOUR DAMAGE, OR FIFTY US DOLLARS ($50), WHICHEVER IS GREATER. THIS LIMIT SHALL REMAIN IN EFFECT EVEN IF THERE IS MORE THAN ONE CLAIM.

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

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, shareholders, partners, owners, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable costs and attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of SAIMA, including, but not limited to, any use of SAIMA’s or the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from SAIMA.

Export Regulation

SAIMA may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release SAIMA to, or make SAIMA accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making SAIMA available outside the US.

US Government Rights

SAIMA is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and SAIMA, Inc. with respect to the application SAIMA and its Site, SAIMA.ai, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to SAIMA and the Site. Your use of and access to the Company’s pages on social media platforms may also be subject to the respective terms of use and privacy policy of such platforms. Any purchase order, order form or other document issued by you and/or us is for administrative convenience only. Unless a written master services agreement is signed between you and us, in the event of any conflict between the provisions of these Terms and any purchase order, order form or other document signed by you and us prior to or after the date of your acceptance of these Terms, the provisions of these Terms shall prevail and govern.

Your Comments and Concerns
SAIMA is operated by SAIMA, Inc., a Delaware corporation with an address at 2150 Shattuck Ave, Penthouse 1300, Berkeley, CA 94704.

All other feedback, comments, requests for technical support and other communications relating to SAIMA should be directed to: [email protected].