Terms of service

By using the Online Services, you accept and agree to follow and be bound by these Terms (whether on behalf of yourself or an entity you represent). You also agree to comply with all applicable laws and regulations, as well as all rules or restrictions that may be posted on or with the Online Services.

The Online Services are for use by businesses. You must not use or access the Online Services if you are a minor (meaning an individual who is under the age of majority in the territory in which you are a resident).

If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to both you individually and to that organization or entity).

At its sole discretion, Neural may modify the Terms at any time with or without notice to you ("Modified Terms"). Modified Terms will be effective when posted by Neural. Your continued use of the Online Services after the posting of Modified Terms is your acceptance of those Modified Terms. If you do not agree to the Modified Terms, you must stop using the Online Services. At its sole discretion, Neural may modify, suspend, or discontinue Online Services, or any portion thereof, at any time with or without notice to you.

You agree to receive all communications, correspondences, and notices that we provide in connection with Online Services and Subscription Services, including, but not limited to, marketing and promotional messages and informational correspondence ("Communications"), via electronic means, including by email, text, in-product notifications, push notifications, or by posting them on or making them otherwise available through the Online Services. To the fullest extent permitted under applicable laws, you agree that all Communications we provide to you electronically satisfy any legal requirement that such Communications be in writing or be delivered in a particular manner. At any time, you can opt out of our email marketing and promotional messages sent to you by following the steps outlined in the Privacy Notice.

Upon your acceptance of these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, and non-assignable license to access and use the Online Services for your internal purposes and only as expressly permitted in these Terms.

Permission for you to use any Neural-owned white papers, press releases, datasheets, specification documents, FAQs, etc. ("Documents") made available as Materials via the Online Services is granted, provided that (a) you retain all copyright and other proprietary notices on the Documents and ensure that Neural is appropriately attributed, (b) you use Documents only for your informational and non-commercial personal use, (c) the Documents will not be copied or posted on any network computer or broadcast in any media, (d) no modifications will be made to any Documents, and (e) you are otherwise in compliance with these Terms. Any other use of the Documents requires the express written permission of Neural, which may be withheld at Neural's sole discretion.

Applications or APIs made available by Neural through its Websites or authorized third-party websites are the copyrighted work of Neural or its licensors and only intended for use in connection with the Subscription Services. Use of such Applications or APIs is governed by these Terms or, for Paid Customers, under the relevant Customer Agreement. Unauthorized reproduction or distribution of Applications or APIs is expressly prohibited.

Certain Materials may be generated using "AI Technologies," which are any and all machine learning, deep learning, and other artificial intelligence technologies, including statistical learning algorithms, models (including large language models), neural networks, and other artificial intelligence tools or methodologies, all software implementations of any of the foregoing, and related hardware or equipment capable of generating various types of content (including text, images, video, audio, or computer code) based on user-supplied prompts ("Input"). All Materials generated by AI Technologies ("AI Output") are provided solely for informational use, and you acknowledge and agree that you are solely responsible for (i) evaluating (including by human review) AI Output for accuracy, completeness, and other factors relevant to your use before using, distributing, or relying on the AI Output and (ii) your decisions, actions, and omissions in reliance or based on the AI Output.

You may terminate your use of the Online Services at any time by ceasing further use of the Online Services. Neural is also free to terminate (or suspend access to) your use of the Online Services or your Account, at its sole discretion.

You acknowledge and agree that Neural or its licensors own all legal rights, title, and interest in and to the Online Services, and that the Online Services are protected by copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws and treaties. Except as otherwise expressly provided by Neural, (a) no license rights or other rights are granted to you under any patents, copyrights, trademarks, or trade secret information, whether by implication, estoppel or otherwise, and (b) you may not modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell the Online Services, in whole or in part. Any unauthorized use of the Online Services may infringe Neural or a third party's copyright rights, trademark rights, or other proprietary rights, may violate laws relating to privacy and publicity, and may result in civil or criminal liability. For the avoidance of doubt, nothing in these Terms is intended to, or will, provide any license, right, title, or interest in and to the Subscription Services or any other Neural product or offering.

You agree that you will not use the Online Services for any purpose that is unlawful or prohibited by the Terms. The following restrictions are in addition to any other restrictions contained in these Terms or applicable Additional Terms.

You must not use the Online Services to:

• Stalk or otherwise harass or harm another or upload, post, email, transmit, or otherwise make available any content that is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, libelous, hate speech, violent or inciting violence, inflammatory, or otherwise objectionable;
• Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with another person or entity; or
• Upload, post, email, transmit, or otherwise make available ("Post") any content (including Input) that: (1) you do not have the right to make available under any law or under contractual or fiduciary relationships; (2) infringes or misappropriates any patent, trademark, trade secret, copyright, or any other proprietary rights of Neural or any third party; (3) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or (4) interferes with, disrupts, disables, overburdens, or destroys the functionality or use of any features of the Online Services, or the servers or networks connected to the Online Services, or any of the Online Services. You must also not Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

You must also not:

• Circumvent, remove, disable, or otherwise interfere with security-related features or other features that prevent or limit access to or use of the Online Services or otherwise attempt to gain unauthorized access to the Online Services or systems or networks connected to the Online Services;
• Remove any copyright or other proprietary rights notices placed upon the Online Services or any part thereof;
• Use the Online Services for benchmarking, or to compile information for a product or service or to create products or perform services which compete or interfere with those of Neural;
• Decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Online Services, in whole or in part, except to the extent these restrictions are prohibited by applicable law and then only upon advance notice to Neural;
• Download all or parts of the Online Services to create a collection of materials comprising all or a material subset of the Online Services or mine, data mine, or harvest metadata from the Online Services; or
• Attempt to do any of the foregoing.

You acknowledge that Neural has no obligation to monitor your – or anyone else's – access to or use of the Online Services for violations of these Terms, or to review or edit any content. However, we have the right to do so at our sole discretion (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes, analytics, and advertising). Failure to enforce this section in some instances does not constitute a waiver of Neural's right to enforce it in other instances. This section does not create any private right of action on the part of any third party or any reasonable expectation that the Online Services will not contain any content or conduct that is prohibited by this section.

The Online Services may contain links to third party websites or applications that are not owned or controlled by us. These links are provided for convenience only and do not constitute an endorsement by us of any third party website or application. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or applications. In addition, we will not and cannot censor or edit the content of any third-party website or application. By using the Online Services, you expressly relieve us from any and all liability arising from your use of any third-party website or application.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of third-party websites and applications.

You acknowledge that, except as described in these Terms or applicable Customer Agreement, the information you provide to us or that we collect will be used and protected as described in our Privacy Notice https://neuralearth.ai/legal-center/privacy-notice.

Access to some parts of the Online Services may require that you establish a user Account and select a password. It is a condition of your use of the applicable Online Services that all the information you provide as part of registering for an Account is accurate, current, and complete. Your Account is personal to you. You are entirely responsible for maintaining the confidentiality of your password and Account. You may not permit any third party to use your Account, nor may you use anyone else's Account at any time. Furthermore, you are entirely responsible for activities that occur under your Account. You agree to notify Neural immediately of any unauthorized use of your Account or any other breach of security in connection with your Account or your password. You also agree to keep your Account contact information current.

Neural will not be liable to you or to any third party for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. We have the right to disable or suspend any Account at any time. You acknowledge and agree that if we disable access to your Account, you may be prevented from accessing the Online Services, your Account details or any content which is contained in your Account.

You are responsible for maintaining the confidentiality of any password and Account information, and you are solely responsible for all activities that occur under or in connection with using your password or Account, either with or without your knowledge.

You understand that the Online Services and the software embodied within the Online Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Neural or third parties who have licensed content to Neural. You may not attempt to override or circumvent any such usage rules embedded into the Online Services. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Online Services, in whole or in part, is strictly prohibited.

You understand that the technical processing and transmission of the Online Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

We have the right to disable any user Account at any time in our sole discretion for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms.

The Online Services and all Materials included on or otherwise made available to you through the Online Services are provided by Neural on an "as is" and "as available" basis. Neural makes no representations or warranties of any kind, express or implied, as to the completeness, security, reliability, quality, accuracy, availability, or operation of the Online Services or Materials included on or otherwise made available to you through the Online Services. You expressly acknowledge and agree that the Online Services are provided solely for informational purposes and does not constitute underwriting, insurance, legal, financial, professional, or other advice of any kind. Further, you expressly agree that your use of the Online Services is at your sole risk.

To the full extent permissible by applicable law, Neural disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of data. Neural does not warrant that the Online Services or Materials included on or otherwise made available to you through the Online Services, Neural's servers or electronic communications are free of viruses or other harmful components. Neural will not be liable for any losses or damages of any kind arising from the use or inability to use the Online Services or Materials included on or otherwise made available to you through the Online Services nor for your reliance thereon, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. To the fullest extent permissible by applicable law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Online Services or any services or materials obtained through the Online Services, or your downloading of any materials through the Online Services.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

The Website may include functionality that allows you to transmit or submit Customer Content to Neural while using the Website or to post or display Customer Content on the Website. "Customer Content" means any content or materials that you provide, transmit, or submit to Neural using the Website or post, upload, or display on the Website. Customer Content includes but is not limited to user registration, participation, public sharing, posting, uploading, linking, downloading, transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting user content, including but not limited to Input, graphics, art, software, code, data, text, video, audio, opinions, descriptions, photographs, and pictures.

Neural does not claim ownership of Customer Content. However, unless otherwise expressly agreed to in writing, Neural will be free to use, disclose, reproduce, license or otherwise distribute or exploit Customer Content without obligations or restrictions of any kind including, training AI Technologies. Unless otherwise expressly agreed to in writing, Input may be used for training AI Technologies and for Neural's other internal business purposes. Unless otherwise agreed to in writing by an authorized Neural representative, Customer Content you transmit or post to the Websites will be considered non-confidential and non-proprietary.

You acknowledge that Neural may or may not moderate or pre-screen Customer Content. Neural is under no obligation to post or use any Customer Content and reserves the right to remove Customer Content at its sole discretion. Neural does not endorse Customer Content and expressly disclaims any and all liability in connection with Customer Content. Neural will have no liability whatsoever related to Customer Content, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

Because internet transmissions are never completely private or secure, you acknowledge and agree that any Customer Content submitted or transmitted to or through the Websites may be accessed or intercepted by third parties.

To the extent that you or your authorized users provide Neural with comments, modifications, corrections, enhancements, suggestions, or other input related to the Online Services ("Feedback"), we will be free to use, disclose, reproduce, license or otherwise distribute or exploit the Feedback in our sole discretion without any obligations or restrictions of any kind.

Trademarks.Any trade names, trademarks, service marks, logos, trade dress, and other brand features ("Trademarks") displayed on or featured in the Online Services are the property of either Neural or third-party licensors. Nothing in these Terms grants you any license rights or other rights to use or display any such Trademarks.

Third-Party Content. The Online Services may contain or link to third-party content. Third-party content is not reviewed, approved, or endorsed by Neural and is provided solely as a convenience to you and you agree that any use of such third-party content by you is at your sole risk. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.

Language and Translations. Should Neural provide a translation of the English language version of these Terms, you agree that the translation is provided for your convenience only and that the English-language version of these Terms will govern and control.

You agree to indemnify, and at Neural's election defend, Neural and each of its officers, directors, employees, contractors, agents, representatives, partners, affiliates, suppliers, and licensors (the "Indemnified Parties") from actions, claims, or demands, and all losses, damages, liabilities, fees, fines, penalties, costs, and expenses (including, without limitation, attorney fees) arising from or related to your breach or violation of these Terms or content you make available on or through the Online Services. Neural may assume the exclusive defense and control for any claim for which you must indemnify the Indemnified Parties under this Section. You agree to cooperate fully with Neural, at Neural's reasonable request, in connection with a claim that is subject to this Section. You agree not to settle or compromise any claim for which indemnity is owed under this Section without Neural's prior written consent, which it may withhold or condition at its sole discretion.

In no event will Neural or its officers, directors, employees, agents, representatives, partners, affiliates, suppliers, and licensors be liable to you or any third party for any:

(i) Indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement or substitute goods or services; loss of use, data, revenue or profits; loss of business or anticipated savings; loss of goodwill or business interruption) however caused and on any theory of liability whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out the Online Services or these Terms; or

(ii) Loss or damage of any kind or amount whatsoever which may be incurred by you as a result of (a) any reliance placed by you on the completeness, accuracy, or existence of any Materials in or on or made available through the Online Services, any changes made by Neural thereto, or any permanent or temporary cessation by Neural in the provision of the Online Services; or (b) your failure to keep your password or account details secure and confidential.

Without limiting the foregoing: Neural's entire liability for all causes and claims of action arising under or relating in any way to the Online Services, the Materials, and these Terms will be limited to the fees you paid Neural in the six (6) months preceding the event giving rise to the claim or one hundred dollars ($100), whichever is less.

These limitations on liability will apply whether or not Neural knew of, was advised of, or otherwise should have been aware of the possibility of any such losses. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Any cause of action you may have related to the Online Services or these Terms must be commenced within one (1) year after the claim or cause of action arises. The disclaimers and limitations of liability set forth in these Terms will apply notwithstanding the failure of any essential purpose.

All matters relating to the Online Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule thereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms will remain in full force and effect.

You agree that all disputes arising from these Terms or use of the Online Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination will be exclusively settled via final and binding arbitration before a single arbitrator in Miami-Dade County, Florida, or at another commercially reasonable location within the United States designated by Neural upon written notice to the other Party, under the Rules of Arbitration of the American Arbitration Association applying Delaware law. You and we will each pay our own expenses of arbitration. Prior to initiating arbitration, you agree to attempt to resolve any dispute through good faith negotiations for thirty (30) days, unless the parties mutually agree to extend such negotiations. Notwithstanding the foregoing, either you or we may bring (a) an individual action in small-claims court for any Dispute that qualifies, and (b) an action in any court of competent jurisdiction to seek injunctive or other equitable relief to protect intellectual-property or confidentiality rights pending the outcome of arbitration.

These Terms do not allow class or collective arbitrations or actions, and any and all proceedings to resolve claims of any kind will be conducted only on an individual basis and not in a class, consolidated, mass or representative action. YOU HEREBY AGREE THAT YOU MAY BRING CLAIMS OR INSTITUTE ACTION AGAINST US, INCLUDING OUR OFFICERS, DIRECTORS, CONTRACTORS, AFFILIATES AND SUBSIDIARIES, ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THE ONLINE SERVICES OR THESE TERMS.

If Neural takes any action to enforce these Terms, it will be entitled to recover from you, and you agree to pay all reasonable attorneys' fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Neural may be entitled.

The Online Services are controlled or made available from the United States by Neural. We make no representation or warranty that the Online Services is appropriate or available for use in other territories or that your access to the Online Services from the territory in which you are located is lawful. The Online Services are subject to United States export control laws and may also be subject to the laws of the country from which you access the Online Services. If you access or use the Online Services outside the United States, you are responsible for compliance with any applicable local law including, without limitation, export control laws.

The Terms constitute the entire agreement between you and Neural and govern your use of the Online Service. Except as explicitly permitted in these Terms, no modification or amendment of these Terms is effective unless it is in writing and signed by an authorized agent of the party against whom the modification or amendment is being asserted. We may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, under these Terms. The waiver by Neural of any breach of these Terms does not waive any other breach. Headers in these Terms are for convenience only and are not to affect the interpretation of these Terms.

For questions or concerns regarding your use of the Online Services, please contact sales@neural.io. For all legal related inquiries, please contact legal@neural.io.

The terms, conditions and restrictions ("Restrictions") in this Licensed Data Addendum ("Addendum") are incorporated into, and are part of, the Terms of Service ("Terms") and any Customer Agreement between you and Neural. These Restrictions are in addition to, and do not nullify, any other agreement between you and us or any other applicable terms and conditions in any other Customer Agreement. In the event of any conflict or inconsistency between these Restrictions and the terms and conditions in any other Customer Agreement, these Restrictions shall govern, control and prevail. Any capitalized term not defined in this Addendum shall have the meaning ascribed to it in the Customer Agreement or Terms.