Last modified: July 21, 2018
By using our Service, you express your unconditional agreement with this Policy and the conditions of processing the personal data contained herein. If you do not accept this Policy, do not use our Service or provide any personal information to us.
NOTICE TO USERS’ OBJECTS: If you use the Neuton Service to interact with other individuals, such as your customers or potential customers (the “User’s Objects”), you are solely responsible for ensuring compliance with all applicable laws in connection with the collection and/or processing of personal data of the User’s Objects. If you are a User’s Object please note that the Company has no relationship with you whatsoever and its only relation is with the Subscriber with whom you may interact. For any questions regarding the collection of your personal data or to amend your personal data, and for all other reasons, you must contact the Subscriber.
International Transfer of Personal Data
The Company is a global company, based in the United States. As such, we may transfer and access such Personal Data from around the world, including from other countries. In transferring your Personal Data, we will rely on lawful measures to transfer your Personal Data outside the EEA and Switzerland. If you are visiting the Neuton Service from the EEA or other regions with laws governing data collection and use, please note that by providing this Personal Data, you acknowledge that your Personal Data may be transferred to the United States and other jurisdictions in which we operate.
Information Collection and Use
The Company gathers two types of information: (1) personally identifiable information that is supplied voluntarily upon registration for Neuton Service, ordering products from Neuton website/Service, submitting data through the Neuton Service, or when you enter certain other areas of the Company’s websites and (2) aggregate tracking and site usage information that is gathered automatically when you use the Neuton Service. It is Company’s policy to use the personally identifiable information acquired at Company’s websites for internal business uses only and to provide content, products and Neuton Service. The Company operates and maintains a variety of online security measures to safeguard and keep personal data private.
Information That You Provide to Us
When you register for an account to access or utilize Neuton Service (an “Account”), we ask for and may collect personal information about you such as your name or your company, address, phone number, email address, credit card or other payment method information (collectively, an “Account Information”). By providing us with Account Information, you represent that you are the owner of such personal data or otherwise have the requisite consent to provide it to us.
The Company only collects "sensitive" personal information when you voluntarily provide us with this information or where such information is required or permitted to be collected by law or professional standards. Sensitive information includes personal information regarding a person's race, ethnicity, political, philosophical religious or similar beliefs, trade union membership, physical or mental health, sexual life, sexual orientation, or criminal record. Please use your discretion when providing sensitive information to the Company, and under any circumstances, do not provide sensitive information to the Company, unless you thereby consent to the Company’s use of that information for its legitimate business purposes and consent to the transfer and storage of such information to and in the Company’s databases. If you have any questions about whether the provision of sensitive information to the Company is, or may be, necessary or appropriate for particular purposes, please contact us at firstname.lastname@example.org.
Data Submitted by You
We may also use the materials you submit through the Neuton Service, such as data, to improve the Neuton Service, including its algorithms. All such data is anonymized. We shall not use such data for any other purpose, including for purposes of advertising.
Third Party Services
Automatic Collection of Personal Information
An IP address is a number assigned to your computer or internet-enabled device whenever you access the internet. It allows computers and servers to recognize and communicate with one another. IP addresses from which visitors appear to originate may be recorded for IT security and system diagnostic purposes. This information may also be used in aggregate form to maintain and improve Neuton Service and to generate and analyze statistics about Neuton Service and your use of Neuton Service.
Cookies are text files put on your computer to collect standard internet log information and visitor behavior information. This information is then used to track visitor use of the website and to create statistical reports on website activity. The detailed description of cookies used on our site can be found here: neuton.ai/cookies.
You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. Please note in a few cases some Neuton Service features may not function because of this.
BY ACCESSING OR USING NEUTON SERVICE, YOU AGREE THAT WE, OR A THIRD PARTY ACTING ON OUR BEHALF, CAN PLACE THESE COOKIES ON YOUR COMPUTER OR INTERNET ENABLED DEVICE.
A web beacon is a small image file on a web page that can be used to collect certain information from your computer, such as an IP address, the time the content was viewed, a browser type, and the existence of cookies previously set by the same server. We only uses web beacons in accordance with applicable laws.
How We Use Information That We Collect
We may use the information we collect about you (including personal information, to the extent applicable) for a variety of purposes, including to (a) provide, operate, maintain, improve, and promote Neuton Service; (b) enable you to access and use Neuton Service; (c) process and complete transactions; (d) provide customer service and support and send you related notices; (e) send promotional communications; (f) process and deliver contest or sweepstakes entries and rewards; (g) monitor and analyze trends, usage, and activities in connection with Neuton Service and for marketing or advertising purposes; (h) monitor and assess compliance with our policies and standards; and (i) for other purposes for which we obtain your consent. With regard to newsletters, updates and other general communications, we will - where legally required – only provide you with such information if you have opted in. You have the opportunity to opt out of receiving such communications at any time
Legal Basis for Processing (EEA only)
If you are an individual from the European Economic Area (EEA), we use your personal data, we may process your personal data on one or more of the following legal grounds: (i) because processing is necessary to perform a contract with you, such as to deliver Neuton Service; (ii) to comply with our legal obligations; (iii) because processing is necessary for purposes of our legitimate interest or those of any third party recipients that receive your personal data, provided that such interests are not overridden by your interests or fundamental rights and freedoms. We may also process your data based on your consent where you have expressly given that to us.
How We Share the Information That We Collect
We share information, including personal information, with our third-party service providers that we use to provide hosting for and maintenance of Neuton Service. These third-party service providers may have access to or process your personal information for the purpose of providing these services for us. We do not permit our third-party service providers to use the personal information that we share with them for their marketing purposes or for any other purpose than in connection with the services they provide to us.
We may share your personal data with courts, law enforcement authorities, regulators or attorneys or other parties where it is reasonably necessary for the establishment, exercise or defense of a legal or equitable claim, or for the purposes of a confidential alternative dispute resolution process. We may also share such information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms and conditions, or as otherwise required by law.
We may share your personal data with any third party to whom we assign or novate any of our rights or obligations, or that acquires all or substantially all of our business, stock or assets, or with whom we merge.
We may also instruct service providers, to process personal data for the Permitted Purposes on our
behalf and in accordance with our instructions only. We will retain control over and will remain
fully responsible for your personal data and will use appropriate safeguards as required by
applicable law to ensure the integrity and security of your personal data when engaging such service
We may also use aggregated personal data and statistics for the purpose of monitoring website usage in order to help us develop our website and our services.
We will otherwise only disclose your personal data when you direct us or give us permission to do so, when we are required by applicable law or regulations or judicial or official request to do so, or as required to investigate actual or suspected fraudulent or criminal activities.
Where we rely on your consent to process the personal information, you have the right to withdraw or decline your consent at any time. Please note that this does not affect the lawfulness of the processing based on consent before its withdrawal.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). Similarly, if we collect and use your personal information in reliance on our (or a third party’s) legitimate interests which are not already described in this Notice, we will make clear to you at the relevant time what those legitimate interests are.
If you have any questions about or need further information concerning the legal basis, on which we collect and use your personal information, please contact us at email@example.com.
How Long We Retain Your Personal Information
We will retain your personal information for as long as is needed to fulfill the purposes outlined in this Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. For personal information that we process on behalf of our Subscribers, we will retain such personal information in accordance with the terms of our agreement with them, subject to applicable law.
Your Privacy Rights Upon request we will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information please contact us at firstname.lastname@example.org. Subscribers may update or change their Account Information by editing their profile within Neuton Service. To make a request to have personal information maintained by us returned to you or removed, please email email@example.com. Requests to access, change, or remove your information will be handled within thirty (30) days; provided that, notwithstanding such request, this information may be retained for as long as you maintain an account for Neuton Service, or as needed to provide you with Neuton Service, comply with our legal obligations, resolve disputes and enforce our agreements.
Additional Rights for EEA and Certain Other Territories
If you are from certain territories (such as the EEA), you may have the right to exercise additional rights available to you under applicable laws, as follows:
What is a Subject Access Request?
This is your right to request a copy of the information that we hold about you. If you would like a copy of some or all your personal information, please contact us at firstname.lastname@example.org. We will respond to your request within thirty (30) days of receipt of the request. We want to make sure your personal information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate by email@example.com. We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request
Objections to Processing of Personal Data
It is your right to lodge an objection to the processing of your personal data if you feel the “ground relating to your particular situation” apply. The only reasons we will be able to deny your request is if we can show compelling legitimate grounds for the processing, which override your interest, rights and freedoms, or the processing is for the establishment, exercise or defense of a legal claims. To invoke this right, please contact us at firstname.lastname@example.org. We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request.
It is also your right to receive the personal data which you have given to us, in a structured, commonly used and machine-readable format and have the right to transmit that data to another controller without delay from the current controller if:
(a) The processing is based on consent or on a contract, and
(b) The processing is carried out by automated means. To invoke this right, please contact us at email@example.com. We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request.
Your Right to be Forgotten
Should you wish for us to completely delete all information that we hold about you for, contact us at firstname.lastname@example.org. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.
You also have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. If you feel that your personal data has been processed in a way that does not meet the GDPR, you have a specific right to lodge a complaint with the relevant supervisory authority. The supervisory authority will then tell you of the progress and outcome of your complaint.
California Privacy Rights
We will not share any Personal Data with third-parties for their direct marketing purposes to the extent prohibited by California law. If our practices change, we will do so in accordance with applicable laws and will notify you in advance.
Policy Regarding Children
Neuton Service is not directed to children under the age of thirteen and we do not knowingly collect personally identifiable information from children under the age of thirteen as part of Neuton Service. If we become aware that we have inadvertently received personally identifiable information from a User under the age of thirteen as part of Neuton Service, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of Neuton Service.
If we change the Policy, we will post the revised Policy here with an updated revision date. Please check frequently the Site to see if the Policy is changed. If we make significant changes to our statement, we also may, but are not obliged to, notify all members whose Personal Data we have retained by means such as sending an email or posting a notice on our Site. Your continued use of Neuton Service constitutes your acceptance of all such changes and amendments. Your sole remedy is to cease using Neuton Service.
If you have any questions regarding this Policy or information we hold about you, you may contact us at email@example.com. In order for us to take the appropriate action, please describe in reasonable detail the nature of your request or inquiry.
Last modified: December 2019
BY CREATING AN ACCOUNT OR USING THE NEUTON SERVICE IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE NEUTON SERVICE.
The Neuton Service is only available only to individuals who have the capacity to form legally binding contracts under applicable. Neuton Service is not available to minors under 18 years of age.
You agree to check these Terms periodically for new information and terms that govern your use of the Neuton Service. We may modify these Terms at any time. We reserve any rights not expressly granted herein.
All updates or modifications to the Neuton Service shall be governed by these Terms.
1. Neuton Service
Bell Integrator provides advanced algorithms and tools for building, training and deploying Models (the “Models”) based on cutting-edge machine learning technology through a web interface (the “Neuton Platform” and together with the software applications developed, hosted and offered through the internet (the “Neuton Service”)).
Bell Integrator reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Neuton Service (or any part thereof). We may suspend or stop providing the Neuton Service to you if you do not comply with the Terms or if we are investigating suspected misconduct.
2. License to Use the Neuton Service
Subject to these Terms and any applicable payment, Bell Integrator grants you a revocable, non-transferable, non-sublicensable, non-exclusive, limited license to access and use the Neuton Service for your own use.
Except for the foregoing license grant, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in the Neuton Service, ownership of which is retained by Bell Integrator.
You may use the Neuton Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. By using the Neuton Service, you agree not to engage or attempt to engage, and will not permit your users or any third parties to engage or attempt to engage, in any of the following prohibited activities: (a) altering, modifying, improving, reverse engineering, disassembling, or decompiling the Neuton Service (b) interfering with the Neuton Service or trying to access it using a method other than the interface and the instructions that we provide; (c) using any automated systems, including “robots,” “spiders,” “offline readers,” etc., to access the Neuton Service; (d) reproducing, duplicating, or copying any portion of the Neuton Service; (e) using or accessing the Neuton Service without the express permission of Bell Integrator; (f) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Neuton Service; (g) taking any action that imposes, or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (h) uploading or transmitting viruses, worms, harmful conde, or other software agents through the Neuton Service; (i) using the Neuton Service to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights; (j) using the Neuton Service in any manner that interferes with or disrupts the integrity or performance of the Neuton Service and its components; (k) using the Neuton Service for for any unlawful, unauthorized, invasive, infringing, defamatory, fraudulent, or obscene purpose; (l) (k) use the Neuton Service in any way that violates these Terms.
You may not access or use the Neuton Service if you are a competitor or provide any services to a competitor of Bell Integrator, except with our prior written consent. You may not access or use the Neuton Service for the purposes of monitoring performance, availability, functionality, or for any benchmarking or competitive purposes.
If you, or a third party through your Account, violates any of the foregoing prohibitions, Bell Integrator may, in its sole discretion, immediately suspend or terminate your access to the Neuton Service without further liability or obligation to you. The foregoing does not in any way limit our right to suspend or terminate your access to the Neuton Service without or without notice for any reason.
Each User license ordered by a User is specific to such User and, once granted to that User, may not be transferred or reassigned to any other User.
To the extent that you have accessed the Neuton Service from the Google Marketplace, please note that the terms and conditions of the Google Marketplace apply to your use of the Neuton Service.
3. Account Setup
PLEASE BE AWARE THAT YOU MUST PROVIDE COMPLETE AND ACCURATE INFORMATION TO OUR PAYMENT PROCESSOR OR YOUR PAYMENT MAY BE AFFECTED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID NEUTON SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID NEUTON SERVICE.
You are solely responsible for safeguarding the login and password that you use to access the Neuton Service. You further agree (a) not to provide your password to anyone who is not your agent, and (b) to ensure all individuals permitted to use your account information are aware of and have agreed in writing to comply with these Terms.
You must be a human to set up an Account. Accounts registered by “bots” or other automated methods are not permitted. One person is not allowed to set up or maintain more than one Account without the prior written permission of Bell Integrator.
4. Neuton Service Data; Security & Privacy; Ownership
Bell Integrator will maintain commercially reasonable administrative, physical, and technical safeguards for protection of the security and confidentiality and integrity of Neuton Service Data transmitted through the Neuton Service. For purposes of these Terms, Neuton Service Data refers to means electronic data, text, messages, communications or other materials submitted to and stored within the Neuton Service by you in connection with your use of the Neuton Service (such as the Models you create) which may also include, without limitation, Personal Data, which shall mean any information relating to an identified or identifiable natural person. This might be by reference to an identifier such as a name, ID number, location data or online identifier, or by factors specific to them, such as their physical, genetic, economic or social identity. Notwithstanding the foregoing, as between Bell Integrator and you, you are solely responsible for ensuring compliance with all applicable laws in connection with the collection and/or processing of Personal Data of your own users.
To the extent, Neuton Service Data constitutes Personal Data of EU data subjects, you shall be deemed to be the data controller and Bell Integrator shall be deemed to be the data processor as those terms are understood under the Data Protection Regulations. Under no circumstances will Bell Integrator be deemed a data controller with respect to Neuton Service Data under Data Protection Regulations or any relevant law or regulation of any Member State as defined in Data Protection Regulations. For purposes of these Terms, Data Protection Regulations refer to EU Regulation 2016/679 (GDPR) (and any applicable national laws made under it) if the Subscriber is established in an European Economic Area (“EEA”) member state or where your own users access the Neuton Service from an EEA member state or the Swiss Federal Act of 19 June 1992 on Data Protection (as may be amended or superseded) if you are established in Switzerland. By agreeing to these Terms, you grant Bell Integrator a general authorization in the meaning of Article 28 (2) of GDPR engage processors for the purposes of providing the Neuton Service. Bell Integrator will inform you of changes in such processors in accordance with the procedure of modifying these Terms as stipulated in these Terms.
5. Bell Integrator Intellectual Property Rights
The Neuton Service is owned and operated by Bell Integrator. All components of the Neuton Service, including, without limitation the artwork, text, graphics, photographs, videos, sounds, visual interfaces, graphics, design, logos, trademarks, service marks, trade dress, content, compilation, algorithms, computer code, products, software, patents, know how, documents, and other material contained or presented on or through the Neuton Service, and any combination thereof (“Material”) are protected by copyright, trademarks, trade secrets, patents, and other intellectual property laws and other applicable laws worldwide. Any unauthorized use, reproduction or modification of the Neuton Service may violate such laws. Bell Integrator, its suppliers and licensors own all right, title and interest, including all copyright, trademark, trade secrets, patent, and other intellectual property rights in such Material. Use of the Material for any purpose not expressly permitted by these Terms is strictly prohibited.
6. Fees & Subscriptions
7. Privacy and Security
Bell Integrator cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
8. Third-Party Links
If you provide us with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary.
10. Indemnity and Release
You agree that you are personally responsible for your use and behavior while using the Neuton Service. You agree to indemnify, defend and hold harmless Bell Integrator, its directors, officers, shareholders, personnel, subsidiaries, affiliated companies, franchisees, licensees, joint ventures, business partners, licensors, suppliers, employees, agents, and hosts of the Neuton Service and third-party information providers from and against all claims, liabilities, losses, expenses, injury or damage to persons or property, money damages and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), reasonable attorneys’ fees and costs of government inquiry or investigation, resulting from or arising out of your access, use, misuse, inability to use or interruption of the Neuton Service or any violation by you of these Terms or of applicable law.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
11. Warranty Disclaimer
YOU USE THE NEUTON SERVICE AT YOUR OWN RISK. NEUTON SERVICE IS PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITH NO WARRANTY OF ANY KIND. BELL INTEGRATOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. BELL INTEGRATORS MAKES NO REPRESENTATION OR WARRANTY REGARDING COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OPERATION OR ANY OTHER ASPECT OF THE NEUTON SERVICE OR CONTENT OR NEUTON SERVICE PROVIDED ON, OR ACCESSIBLE FROM THE NEUTON SERVICE. BELL INTEGRATOR DOES NOT WARRANT THAT OPERATION OF THE NEUTON SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE NEUTON SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT, EXCEPT AS OTHERWISE AGREED IN WRITING, BELL INTEGRATOR WILL HAVE NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT OR MAINTENANCE IN CONNECTION WITH THE NEUTON SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. Disclaimer of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BELL INTEGRATOR OR ANY OF ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION OR DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF THIS AGREEMENT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE NEUTON SERVICE EVEN IF BELL INTEGRATOR OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL BELL INTEGRATOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF MONEY THAT YOU HAVE PAID TO BELL INTEGRATOR IN THE PRECEDING THREE MONTHS PERIOD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN BELL INTEGRATOR AND RECEIVED THROUGH OR ADVERTISED ON OR THROUGH THE NEUTON SERVICE. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF BELL INTEGRATOR’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY BELL INTEGRATOR, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY BELL INTEGRATOR.
ANY CLAIMS OR DAMAGES THAT YOU MAY HAVE AGAINST BELL INTEGRATOR SHALL ONLY BE ENFORCEABLE AGAINST BELL INTEGRATOR AND NOT ANY OTHER ENTITY OR BELL INTEGRATOR’S OR ANY ENTITY’S OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES OR AGENTS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU
13. Electronic Communications
By using the Neuton Service, you consent to receiving electronic communications from Bell Integrator. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Neuton Service. These electronic communications are part of your relationship with Bell Integrator. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
14. Neuton Service Limitations
Bell Integrator uses commercially reasonable efforts to make the Neuton Service available seven (7) days a week twenty-four (24) hours a day. However, Bell Integrator cannot not guarantee that the Neuton Service will be uninterrupted or available at all times, which interruptions may prevent your Models from being created, viewed or accessed. We will use commercially reasonable efforts to provide twenty-four (24) hour advance notice to you in the event of any scheduled downtime.
15. Dispute Resolution and Arbitration/Class Action Waiver/Jury Trial Waiver/Waiver of Punitive Damages.
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
(a) Arbitration. Bell Integrator and you agree to arbitrate all disputes and claims that arise from or relate to these Terms or the Neuton Service in any way, except for claims arising from bodily injury. THIS ARBITRATION IS MANDATORY AND NOT PERMISSIVE. This agreement to arbitrate is intended to be broadly interpreted.
This arbitration agreement does not preclude either of us from bringing an individualized action in small claims court. It also does not preclude either of us from seeking an individualized preliminary injunction or temporary restraining order, pending arbitration, in any court that has jurisdiction. Nor does this arbitration agreement bar you from bringing issues to the attention of federal, state or local agencies.
Such agencies can, if the law allows, seek relief against us on your behalf. In addition, you or Bell Integrator may seek injunctive or other equitable relief to protect your or its trade secrets and intellectual property rights or to prevent loss or damage to its services in any court with competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE, LAW, YOU UNDERSTAND AND AGREE THAT WE ARE EACH (A) WAIVING THE RIGHT TO A TRIAL BY JURY; (B) WAIVING THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION; AND (C) WAIVING THE RIGHT TO CLAIM OR RECOVER PUNITIVE DAMAGES AGAINST THE OTHER. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
(b) Notice of Disputes. If either of us intends to seek arbitration of a dispute, that party must provide the other with notice in writing. The notice to Bell Integrator should be sent to: Bell Integrator, Inc., Attn: Legal Department, 1735 N 1st St #102, San Jose, CA 95112. Bell Integrator will send notice to you at the email and/or mailing addresses associated with your account. Your notice to Bell Integrator must (a) provide your name, mailing address, and email address; (b) describe the dispute; and (c) state the relief you are requesting. If we are unable to reach an agreement to resolve the dispute within 60 days after the notice is received, you or we may commence arbitration.
(c) Arbitration Procedures. The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If the AAA is unavailable, the parties shall agree to another arbitration provider or the court shall appoint a substitute. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) where you are receiving the Neuton Service. If the value of your claim is USD $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing. If the value of your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of this arbitration provision or the arbitrability of disputes are for the court to decide. The arbitrator may consider, but is not bound by, rulings in other arbitrations between Bell Integrator and Bell Integrator users. The arbitrator can award the same individualized damages and relief that a court can award. Judgement on the award may be entered by any court having jurisdiction.
(d) Costs of Arbitration. The AAA’s fee schedule is subject to change and may be found in the AAA Rules (available online at www.adr.org or by calling the AAA at 1-800-778-7879). Bell Integrator will pay all AAA filing, administrative and arbitrator fees for any arbitration that Bell Integrator commences. If you provided Bell Integrator with 60 days’ notice of your intent to arbitrate before commencing arbitration and the value of your claim is USD $75,000 or less, Bell Integrator will pay your share of any such AAA fees. If the value of your claim exceeds USD $75,000, the allocation of AAA fees will be governed by the AAA Rules (unless the law of your state requires Bell Integrator to pay all such fees). If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees shall be governed by the AAA Rules. In such cases, the arbitrator may direct you to reimburse Bell Integrator for amounts that Bell Integrator paid on your behalf.
(e) No Class Arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED GROUP LITIGATION OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or group proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(f) 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section 15, you must notify Bell Integrator in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). Your written notification must be mailed to Bell Integrator at the following address: Bell Integrator, Inc., Attn: Legal Department, 1735 N 1st St #102, San Jose, CA 95112. Subject to Section 15(g) below, if you do not notify Bell Integrator in accordance with this Section 15(f), you agree to be bound by the arbitration and group litigation waiver provisions of these Terms, including such provisions in any Terms revised after the date of your first acceptance.
Such notification must include: (a) your name, (b) your Bell Integrator account email address, (c) your mailing address and (d) a statement that you do not wish to resolve disputes with Bell Integrator through arbitration. This notification affects these Terms only; if you previously entered into other arbitration agreements with Bell Integrator or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms shall not affect the other arbitration agreements between you and Bell Integrator.
(g) Future Changes to Arbitration Provision. If Bell Integrator makes any changes to the Dispute Resolution and Arbitration Section of these Terms (other than a change to the address at which Bell Integrator will receive notices of dispute, opt-out notices or rejections of future changes to the Dispute Resolution and Arbitration Section), you may reject any such change by sending us written notice within 30 days of the change to Bell Integrator, Inc., Attn: Legal Department, 1735 N 1st St #102, San Jose, CA 95112. It is not necessary to send us a rejection of a future change to the Dispute Resolution and Arbitration Section of these Terms if you had properly opted out of the arbitration and group litigation waiver provisions in this Section 15 within the first 30 days after you first accepted these Terms. If you have not properly opted out of the arbitration and group litigation waiver provisions in this Section 15, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject.
This provision shall survive the termination of these Terms.
If you breach any of the provisions of these Terms, Bell Integrator, in its sole discretion, may terminate your access to the Neuton Service, and any account that you may have with the Neuton Service. Bell Integrator may, in its sole discretion, at any time and without advance notice or liability, terminate or restrict your access to all or any component of the Neuton Service, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Neuton Service. Accessing the Neuton Service after such termination, suspension, or discontinuation shall constitute an act of trespass. We will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your Neuton Service Data. All of the Neuton Service Data shall be deleted immediately after the termination or deletion of your Account. You may delete your Account at any time, for any reason, by following the instructions at the following link: https://myaccount.google.com/delete-services-or-account.
Upon any termination of these Terms or deletion of your Account for any reason, all provisions regarding indemnification, warranty, liability and limits thereon, and confidentiality and protection of proprietary rights and trade secrets, and any provisions which expressly or by their nature are required to survive such termination in order to achieve their purpose, shall so survive until it shall no longer be necessary for them to survive in order to achieve their purpose.
17. General Provisions
19. Contact Us
If you have any questions regarding these Terms, contact us at firstname.lastname@example.org.