Terms of Use
1. General
Please read the following Terms of Use (these “Terms”) carefully before using the website of Codeless Labs, LLC, DBA Blink AI (“Blink AI”, "blinklabs.ai", “we,” “our,” or “us”), located at www.blinklabs.ai, or participating in any online features, services and/or programs offered by us, including our website (collectively, the “Web Properties”). These Terms apply to all of our Web Properties.
These Terms do not apply to any other web page operated and/or owned by anyone other than Menyala and its affiliates, including, but not limited to, any website, mobile application, social media site, or other material. When visiting these third party websites and other properties, you should refer to the terms and conditions in effect for that website or property.
These Terms include important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and provisions that govern the procedure, jurisdiction and venue of any disputes. By accessing or using the WebProperties, you are entering into a legal contract with us regarding your use of the Web Properties. You agree to be bound by these Terms and all additional terms incorporated by reference. If you do not agree to any portion of these Terms, you should not access or otherwise use the WebProperties.
2. Convenience and Information Only
Subject to these Terms, we hereby grant you a non-transferable, non-exclusive, limited license to use and access the Web Properties for your non-commercial use. The Web Properties are provided to you as a convenience and for your information only. By merely providing you access to and use of the Web Properties, we do not warrant or represent that: (a) any statement, documents, images, graphics, logos, designs, audio, video, or any other information provided from or on the Web Properties(collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d)the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes made by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to comments or questions asked through the Web Properties is or will be accurate or complete.
3. Web Properties Use and Content.
(a) Use of the Web Properties. The ownership of theWeb Properties, Content, and all rights therein are and will remain with Menyala. You may view, copy or print a single copy of any page from the Web Properties for non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images or other Content from the Web Properties without our express, prior written consent. Any special rules for any software, downloads, and other items accessible through the Web Properties may be included elsewhere in the Web Properties and are incorporated into these Terms by reference.
b) Restrictions on Use. You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Web Properties or interact with the Web Properties in a manner that:
(i) infringes or violates the intellectual property rights or any other rights of anyone else(including Menyala);(ii) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Menyala;
(iii) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(iv) jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Web Properties as you);
(v) attempts, in any manner, to obtain the password, account, or other security information from any other user;(vi) violates the security of any computer network, or cracks any passwords or security encryption codes;
(vii) runs Maillist, Listserv, any form of auto-responder or “spam” on the Web Properties, or any processes that run or are activated while you are not logged into the Web Properties, or that otherwise interfere with the proper working of the Web Properties (including by placing an unreasonable load on the Web Properties' infrastructure);
(viii) “crawls,” “scrapes,” or“spiders” any page, data, or portion of or relating to the Web Properties orContent (through use of manual or automated means);
(ix) copies or stores any significant portion of the Content; or
(x) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Web Properties.
A violation of any of the foregoing is grounds for termination of your right to use or access the WebProperties.
You will only use the WebProperties for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party or any entity, and only in a manner that complies with all laws that apply to you. If your use of the WebProperties is prohibited by applicable laws, then you aren’t authorized to use the Web Properties.
3. Updates
We may make changes to the WebProperties, the Content or these Terms or stop providing any of the WebProperties and/or the Content at any time and without further notice to you. We will make an effort to update the Web Properties with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Web Properties after such posting constitutes your consent to be bound by the Terms, as amended.
4. Privacy and Electronic Communication.
We know that privacy is important to you, and it is important to us as well. By using the WebProperties, you consent to receive electronic communications from us unless you follow applicable opt out procedures. We will communicate with you by email or by posting notices on our Web Properties. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
User Account and Security
To access certain features of the Web Properties, we may require that you sign up using your email address and a password to create a user account (“Blink AI UserAccount”). We use reasonable precautions to protect the privacy of your username, password, and Blink AI User Account information. However, you are ultimately responsible for protecting your username, password, and Blink AI User Account information from disclosure to third-parties, and you are not permitted to circumvent the use of required encryption technologies, if any. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. You agree to provide current, complete and accurate purchase and account information for all purchases made using our WebProperties. You agree to promptly update your Blink AI User Account and other information, including your email address and credit card numbers and expiration dates, so that we, and our third party service provider, can complete your transactions and contact you as needed. You agree that you are solely responsible for activity that occurs under your Blink AI UserAccount. We are entitled to act on all instructions received by anyone using your Blink AI User Account, and we reserve the right to pursue any and all claims against any user of your Blink AI UserAccount.
6. Third Party Account.
You may need to access certain parts or features of the Web Properties by using your account credentials and password from other services (“ThirdParty Account”), such as those offered by GitHub. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Web Properties. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account. We store your account credentials but will not store your password. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not use any Third Party Account that you do not have the right to use, or another person’s account credentials without authorization from that other person.
7. Objectionable Material.
You acknowledge that, in using the WebProperties and accessing the Content, you may encounter material that you deemto be disturbing, offensive or objectionable. You agree to use the WebProperties at your sole risk and that we will have no liability to you formaterial that may be disturbing, objectionable or offensive to you.
8. Not Intended for Children and Other Age Requirements
The Web Properties are not intended or designed to attract children under the age of thirteen (13). You affirm that you are at least thirteen (13) years old and meet the minimum age of digital consent in your country. If you are old enough to access our services in your country but not old enough to have authority to consent to our terms, your parent or guardian must agree to our terms on your behalf. Please ask your parent or guardian to read these terms with you. If you are a parent or legal guardian and you allow your teenager to use the Web Properties, then these terms also apply to you and you are responsible for your teenager’s activity on the Web Properties.
9. Disclaimers.
(a) No Warranties for Web Properties. When using theWeb Properties, information will be transmitted in such a way that may be beyond our control. Accordingly, we make no warranty concerning the delay, failure, interruption, or corruption of any data, Content, or any other information transmitted in connection with the use of the Web Properties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS AT YOUR SOLE RISK. THE WEB PROPERTIES, THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PROPERTIES, THE CONTENT OR ANY SERVICES OR FEATURES OFFERED IN CONNECTION WITH THE WEB PROPERTIES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEWEB PAGES ACCESSIBLE ON OR THROUGH THE WEB PROPERTIES, OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES,WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USETHE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEB PROPERTIES.
b) Indemnification. You agree to defend, indemnify, and hold harmless Menyala and our directors, officers, employees, agents, successors and assigns from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i)your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; (iv) your violation of any law or the rights of a third party; (v) any dispute or issue between you and any third party; (vi) your willful misconduct; and (vii) any other party’s access to and/or use of the Web Properties using your User Account and password and/or Third Party Account. Menyala reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense of that claim.
(c) Verify Data. You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data that you transmit using the Web Properties, and we will have no obligation to verify the accuracy of that data. While we reserve the right to review any and all content you submit made available through the Web Properties, you will remain responsible for such content. Your use of the Web Properties is subject to the additional disclaimers and caveats that may appear throughout the Web Properties.
10. Limitation of Liability.
IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USEOF THE WEB PROPERTIES AND/OR THE CONTENT PROVIDED IN CONNECTION WITH THE WEB PROPERTIES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB PROPERTIES AND/OR THE CONTENT PROVIDED ON OR THROUGH THE WEB PROPERTIES. IN ADDITION, WE WILL NOT BE LIABLE FOR ANY NEGATIVE REPERCUSSIONS TO ANYONE BASED ON THE USE OF OR INABILITY TO USE THE WEB PROPERTIES, INCLUDING, BUT NOT LIMITED TO, ANY LOST GOODWILL OR LOST PROFITS. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE WEB PROPERTIES AND/OR THE CONTENT. WE ARE NOT RESPONSIBLE FOR (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT; (B) DELAYS,ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE CONTENT; OR (C)LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU RECEIVE USING THE WEB PROPERTIES AND THE CONTENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM ONE STATE OR JURISDICTION TO ANOTHER.
11. Third Party Content and Third Party Applications.
We may provide hyperlinks to other websites maintained by third parties, like Facebook and Instagram, or we may provide third party content on the Web Properties that we think will be relevant to our users (collectively, “Third Party Content”) by framing or other methods. In addition, the Web Properties may include certain applications, features, programs and services provided by third parties(collectively, “Third Party Applications”). We do not monitorThird Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third PartyApplications. The links to third party websites, any Third Party Content, and any Third Party Applications are provided for your convenience and information only. The content on any linked website or in any Third Party Application is not under our control and we are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third Party Content or Third Party Application, which at all times and in each instance is provided “as is.” If you decide to access any of the third party websites linked to the Web Properties, any Third PartyContent, and/or any Third Party Application, you do so entirely at your own risk. If a third party links or refers to the Web Properties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the WebProperties.
12. Intellectual Property.
The Content of the Web Properties is intellectual property owned, controlled and/or licensed by us and/or our affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. No portion of the Content may be reproduced in any form or by any means, except as provided in Section 2(Web Properties Use and Content) and elsewhere in these Terms. We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on the WebProperties. All trademarks and service marks of Menyala that may be referred to on the Web Properties are the property of Menyala or one of our affiliates. Other parties’ trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners. Nothing on the Web Properties should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our affiliates’, trademarks, service marks, logos, or copyrighted materials without our prior written permission.
13. Termination of Service.
We may suspend or terminate your right to access portions of the Web Properties, including your User Account, at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Properties, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers, or as we otherwise deem appropriate, in our sole discretion.
14. Additional Remedies.
You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.
15. Governing Law.
Except as otherwise required by applicable law, the terms of service and the resolution of any disputes shall be governed by and construed in accordance with the laws of the Singapore without regard to its conflict of laws principles, and you irrevocably submit to the exclusive jurisdiction of the courts in Singapore.
16. Local Laws.
We make no representation that any Content or other materials on the Web Properties are appropriate or available for use in jurisdictions that are outside Singapore. Access to the Web Properties from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Properties from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
17. Miscellaneous.
You warrant and represent to us that you have all necessary rights, power, and authority to agree to theseTerms and perform your obligations hereunder, and nothing contained in thisAgreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
18. Your Consent To These Terms of Use
By accessing and using the WebProperties, you consent to and agree to be bound by these Terms . If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Web Properties. Your use of the Web Properties following your acceptance of any amendment of these Terms will signify your assent to and acceptance of the revised Terms for all previously collected information and information collected from you in the future . If you have additional questions or comments of any kind, or if you see anything on the Web Properties that you think is inappropriate, please let us know by sending your comments or requests to:
Codeless Labs, hello@blinklabs.ai