Terms of Service

Effective Date: January 1, 2025 · Last Updated: January 1, 2025

These Terms of Service ("Terms") govern your access to and use of the AIClarum website and platform services provided by AIClarum, Inc. ("AIClarum," "we," "our," or "us"). By accessing our website or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing aiclarum.com or using any AIClarum service, you represent that you are at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your organization. If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Services Description

AIClarum provides an AI transparency and compliance automation platform including explainability tools, compliance documentation generation, bias monitoring services, and audit trail management. The specific features available to you depend on your subscription plan and the terms of your subscription agreement.

3. Account Registration

To access the AIClarum platform, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account.

4. Acceptable Use

You agree to use AIClarum services only for lawful purposes and in accordance with these Terms. You may not: use the services to violate any applicable law or regulation; interfere with or disrupt the security, integrity, or performance of our services; attempt to gain unauthorized access to any system or network; use the services to transmit malicious code; scrape, crawl, or extract data from our platform in an unauthorized manner; or use the services for any purpose that infringes the intellectual property rights of any third party.

5. Intellectual Property

AIClarum retains all intellectual property rights in our platform, technology, algorithms, and documentation. We grant you a limited, non-exclusive, non-transferable license to use our services during your subscription term for your internal business purposes. You retain all rights in your data and AI models that you submit to our platform.

6. Confidentiality

Each party agrees to keep confidential the other party's confidential information and to use it only to fulfill obligations under these Terms. Confidential information does not include information that is publicly known, independently developed, or rightfully received from a third party without restriction.

7. Data Processing

To the extent that AIClarum processes personal data on your behalf, we act as a data processor and you act as the data controller. We process such data only in accordance with your instructions and our Data Processing Agreement, which is incorporated into these Terms for customers who have executed it.

8. Disclaimers

AIClarum services are provided on an "as is" and "as available" basis. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will be uninterrupted, error-free, or that any specific compliance output will be accepted by any regulatory authority.

9. Limitation of Liability

To the maximum extent permitted by law, AIClarum's aggregate liability for any claims arising from these Terms or your use of our services shall not exceed the greater of the amounts paid by you to AIClarum in the 12 months preceding the claim or ,000. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

10. Termination

Either party may terminate these Terms upon written notice if the other party materially breaches these Terms and fails to cure the breach within 30 days. AIClarum may suspend or terminate your access immediately for violations of our Acceptable Use Policy. Upon termination, your license to use our services ends, and you must cease all use of our platform.

11. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Austin, Texas. You consent to personal jurisdiction in those courts.

12. Changes to Terms

We may update these Terms from time to time. We will provide at least 30 days advance notice of material changes via email or platform notification. Your continued use of our services after the effective date of changes constitutes acceptance of the updated Terms.

13. Contact

For questions about these Terms, contact us at:
AIClarum, Inc.
600 Congress Ave, Suite 1400
Austin, TX 78701
Email: trust@aiclarum.com

Intellectual Property Rights

All content, features, and functionality of our services, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are owned by us or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without express written permission.

Limitation of Liability

To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use our services. Our total liability to you for any claim arising from these terms shall not exceed the amounts paid by you to us in the twelve months preceding the claim.

Indemnification

You agree to defend, indemnify, and hold harmless us and our affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, and expenses arising from your use of our services, violation of these terms, or infringement of any third-party rights. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you.

Governing Law and Dispute Resolution

These terms are governed by the laws of the jurisdiction specified in our service agreement, without regard to conflict of law provisions. Any dispute arising from these terms shall first be subject to good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in accordance with applicable rules, unless you opt out within 30 days of first using our services.

Severability and Waiver

If any provision of these terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative.

Modifications to Terms

We reserve the right to modify these terms at any time. We will provide notice of material changes by updating the date at the top of this page and, where appropriate, by sending a notification. Your continued use of our services after changes become effective constitutes acceptance of the revised terms.