Terms of Service

Thanks for using Alcatraz! The following terms of service govern your access to and use of Alcatraz AI, Inc.’s websites and services. This page explains the terms by which you may use our website, our hardware and any of our other mobile or web services or applications that we make generally available to our customers (collectively with the Alcatraz Site, “Alcatraz”), and that you have read, understood, and agree to be bound by these Terms of Service and the associated Privacy Policy (collectively the “Terms” or the “Agreement”).

Terms

These Terms of Service are a contract between you and Alcatraz AI, Inc., a Delaware corporation. Alcatraz AI, Inc. operates www.alcatraz.ai (“Alcatraz Site”). By accessing this web site, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using are accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

Use License

Alcatraz hereby grants you a non-exclusive, non-transferable, worldwide right to access and use Alcatraz website, subject to the Terms of Service. You may not permit Alcatraz to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use Alcatraz. All rights not expressly granted to you are reserved by Alcatraz and its licensors. You shall not (i) modify or make derivative works based upon Alcatraz software and hardware; (ii) reverse engineer or access Alcatraz in order to (a) build a competitive product or service, (b) build a product using similar features, functions, or graphics of Alcatraz, or (c) copy any features, functions, or graphics of Alcatraz. You further acknowledge and agree that, as between the parties, Alcatraz owns all right, title, and interest in and to Alcatraz, including all intellectual property rights therein.

Disclaimer

The materials on Alcatraz’ web site are provided “as is”. Alcatraz makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Alcatraz does not warrant or make any representations concerning the accuracy, likely results, or reliability of the user of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Alcatraz or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Alcatraz’ Internet site, even if Alcatraz or a Alcatraz authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials that appear on Alcatraz’ website could include technical, typographical, or photographic errors. Alcatraz does not warrant that any of the materials on its website are accurate, complete, or current. Alcatraz may make changes to the materials contained on its website at any time without notice. Alcatraz does not, however, make any commitment to update the materials.

Indemnity

You agree to defend, hold harmless and indemnify Alcatraz from and against any and all losses, costs, expenses, damages or other liabilities incurred by Alcatraz arising from or related to any cause of action, claim, suit, proceeding, demand or action brought by a third party against Alcatraz: (a) in connection with your use of Alcatraz including any payment obligations incurred through use of Alcatraz; or (b) resulting from: (i) your use of Alcatraz; (ii) your decision to supply profile or payment information via Alcatraz; (iii) any breach of contract or other claims made by Alcatraz with which you conducted business through Alcatraz; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member with which you conducted business through Alcatraz; (viii) any act or omission of yours with respect to the payment of fees to any Alcatraz employee; (ix) your dispute of or failure to pay any invoice or any other payment; or (x) your obligations to an Alcatraz employee. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

Terms of Use Modifications

Alcatraz may revise these Terms and Conditions of Use at any time without notice; provided that, if we make any material changes to these Terms and Conditions of Use, we will use commercially reasonable efforts to notify you. By continuing to use Alcatraz, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to Alcatraz’ web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

Fraudulent Activity

Use of Alcatraz, including but not limited to any applications that use Alcatraz or APIs, prohibits using Alcatraz for fraudulent account creation or other malicious purposes, including but not limited to creating and distributing spam emails, spam tweets, or other “spammy” electronic communication. Alcatraz reserves the right to filter and or block such activity, and if necessary, to remove any account that has engaged in these and similarly malicious activities. Individuals wishing to work within Alcatraz are authorized to create one account on Alcatraz.

Work Product and Customer Materials

Work produced by an Alcatraz employee on behalf of clients is carried out as work-for-hire on behalf of these clients and ownership over the work product remains with the client. Unless requested otherwise, you, as a customer, grant Alcatraz an unlimited license to use the work product for internal worker training and education, internal product evaluation, testing and any other purposes. You may provide to Alcatraz pursuant to this Agreement certain proprietary materials and information (as you determine in your discretion) for use in connection with the development of the work product (collectively, “Customer Materials”). Subject to the terms hereof, you hereby grants to Alcatraz: (a) a royalty-free, fully paid-up, worldwide, non-transferable (except as set forth below), nonexclusive license during the term to use the Customer Materials in order to provide Alcatraz and provide the work product; and (b) a royalty-free, fully paid-up, worldwide, non-transferable (except as set forth below), perpetual, irrevocable, nonexclusive license to use the Customer Materials in order to operate, analyze, and improve Alcatraz, including the creation of anonymized and/or aggregated data derived from such Customer Materials. If Alcatraz shares or publicly discloses information ( , in marketing materials or in application development) that is derived from Customer Materials, such data will be aggregated or anonymized to reasonably avoid identification of you. By way of example and without limitation, Alcatraz may: (a) track the number of users and uses of Alcatraz on an anonymized aggregate basis as part of Alcatraz’ marketing efforts to publicize the total usage of Alcatraz; (b) analyze usage patterns for product development efforts; and (c) use anonymized and/or aggregated data derived from Customer Materials to develop further analytic frameworks and application tools. you further agree that Alcatraz will have the right, both during and after the term, to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized and/or aggregated data. Customer expressly retains all right, title and interest in and to the Customer Materials, including all intellectual property rights therein.

Publicity

By using Alcatraz or any portion thereof, including but not limited to our API, you hereby grant us a fully paid-up, royalty-free, nonexclusive, worldwide right and license to use your trademarks, logos, and trade names for the sole purpose of referring to you as a customer and/or user of Alcatraz on the Alcatraz Site and our other marketing and promotional materials, or as otherwise mutually agreed between you and Alcatraz.

Contacting Us

If you have any questions or concerns about our Services or these Terms, you may contact us at:

hello@alcatraz.ai

Last Updated: January 26, 2018