Merlynn Intelligence Technologies 

TOM API and AIEA (Artificial Intelligence Employment Agency) Website 

Acceptable Usage Policy

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Merlynn Intelligence Technologies (Merlynn) is a leading Decision Intelligence technology company focused on democratising access to human expertise. Our vision is to enable anyone, anywhere, to have real-time access to the opinion, advice, knowledge or know-how of a subject matter expert, to enable organizations and individuals to more effectively manage risk.

 

Our business model focuses on:

• Our customers creating their own Decisioning Digital Twins using our proprietary artificial intelligence technology suite, the Tacit Object Modeler - TOMTM, and

• The AI Employment Agency (the Site) – our marketplace for the distribution and consumption of Decisioning Digital Twins accessible via the TOM API.

 

This Acceptable Use Policy applies to your access to, and use of, the Decisioning Digital Twins accessible via the Merlynn TOM API, the website located at www.aiemploymentagency.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). The Site is owned and operated by Merlynn Intelligence Technologies Corporation (“Company”, ‘we’, “us”, or “our’), a Delaware corporation.

 

DECISIONING DIGITAL TWINS

 

Decisioning Digital Twins are AI replicas of a human expert’s decision making. Customers use the TOMTM technology to capture the insights and intuition of an expert and put the expert’s Decisioning Digital Twin to work within their systems. The Twin will return the same or similar decision the human expert would make if they were asked to respond to a particular situation.  

 

AGREEMENT TO ACCEPTABLE USE POLICY

 

This Acceptable Use Policy constitutes a legally binding agreement made between you, whether personally or on behalf of an institution, corporation, organization, agency or other entity (“Organization”) and us. If you access and use the TOM API or the Site, you must be of legal age. If you are acting on behalf of an Organization, you are responsible for ensuring that you have authority to bind the Organization to this Acceptable Use Policy, and your agreement to this Acceptable Use Policy will be treated by us as the agreement of the Organization.  

 

The API provides access to the Decisioning Digital Twins available on the Site - an online marketplace for the promotion and sale of products and services, including but not limited to Decisioning Digital Twins provided by product owners or vendors (“the vendors”) to end-users (the “Marketplace Offerings”). In order to help make the Site a secure environment for the purchase and sale of the Marketplace Offerings, all users of the Site are required to accept and comply with the Acceptable Use Policy. You agree that by accessing the Site and/or accessing and/or purchasing the Marketplace Offerings, you have read, understood, and agree to be bound by the Acceptable Use Policy. IF YOU DO NOT AGREE WITH ALL OF THIS ACCEPTABLE USE POLICY THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR USING AND/OR PURCHASING THE MARKETPLACE OFFERINGS AND YOU MUST IMMEDIATELY STOP USING AND ACCESSING THE SITE.

 

In order to use and purchase the Marketplace Offerings, you must register as a user, you must provide a unique username and password and provide certain information and personal details to us.

 

We reserve the right, in our sole discretion, to make changes or modifications to this Acceptable Use Policy at any time and for any reason. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We will alert you about any changes by updating the “Last updated” date of this Acceptable Use Policy and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Acceptable Use Policy to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Acceptable Use Policy by your continued use of the Site after the date such revised Acceptable Use Policy are posted.

 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

MARKETPLACE OFFERINGS

 

Additional terms and conditions may apply between you and the vendors in respect of the use and/or purchase of the products and service offered by the vendor concerned.

 

We make every effort to display as accurately as possible the features, specifications, and details of the Marketplace Offerings available on the Site. However, we do not guarantee that the features, specifications, and details of the Marketplace Offerings will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual details of the products and services. We reserve the right to discontinue any Marketplace Offerings at any time for any reason and to make changes to the applicable prices for any of the Marketplace Offerings.

 

Your access and use the Marketplace Offerings at your own risk. We are not the creators nor the developers of the Marketplace Offerings, and we do not give any warranties whatsoever in relation to the Marketplace Offerings.

 

We only provide the platform to facilitate the promotion and sale of the Marketplace Offerings created and developed by the vendors to you. 

 

You may place an order for the Marketplace Offerings, which order we may accept or reject. You will only be granted access to the Marketplace Offerings (save for any testing or sampling, which you may conduct free of charge), once we have received payment for the Marketplace Offerings concerned. We will generate and issue you with an invoice for the Marketplace Offering concerned. Orders for Marketplace Offerings may not be cancelled once payment has been received by us unless the Marketplace Offering purchased by you is discontinued and removed from the Site prior to you accessing and downloading such Marketplace Offering. 

 

Once payment has been received by us, delivery of the Marketplace Offering concerned will take place electronically via the Internet.

 

INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States of America, international copyright laws, and international conventions. The Content and the Marks are provided on the Site "AS IS” for your information and personal use only. Except as expressly provided in this Acceptable Use Policy no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

The Marketplace Offerings are the proprietary property of the vendors concerned; however, we have been authorized by the vendors to sell the Marketplace Offerings to you. All intellectual property rights (including but not limited to the structure, organization and software owned by us (including the TOMTM Software), know-how, patents, copyright, designs and trademarks and/or other industrial or intellectual property rights (whether registered or not or being capable of registration or not), and any application of the aforementioned and all other existing or future intellectual property rights) subsisting in and/or used in connection with any software (including but not limited to TOMTM software) licensed by us (on a non-exclusive and non-transferable basis) to the vendor in order to enable the vendor to build the Marketplace Offerings, are and shall remain the sole property of the Company.

 

Provided that you are eligible to use the Site, you are granted a limited, non-exclusive, non-transferable licence to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use (for example, you may not sell the Content or the Marketplace Offerings). We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

USER REPRESENTATIONS

 

By using the Site or the Marketplace Offerings, you represent and warrant that: (1) you have the legal capacity and you agree to comply with this Acceptable Use Policy; (2) you are not a minor in the Jurisdiction in which you reside; (3) you will not access the Site or the Marketplace Offerings through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose or solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others; and (5) your use of the Site or the Marketplace Offerings will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Marketplace Offerings displayed or offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content, including but not limited to the Marketplace Offerings. We do not endorse or recommend any Marketplace Offerings, and the Site is provided for informational and advertising purposes only.

 

PROHIBITED ACTIVITIES

 

You may not access or use the Site (or the Marketplace Offerings) for any purpose other than that for which we make the Site available or the vendor concerned makes the Marketplace Offering available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

 

You may not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose nor may you, in the use of Marketplace Offerings, violate any laws. Among unauthorized Marketplace Offerings are the following: intoxicants of any sort; illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography or graphic adult content, images, or other adult products. Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from use of the Site.

 

You may not use any “deep-link”, “robot”, “page-scrape”, “spider” or other automatic device, algorithm or methodology to access, acquire, copy or monitor any portion of the Site or any Content (including any Marketplace Offering), or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

 

You may not breach the authentication or security measures of the Site. You may not impersonate another user or use another user’s login details or permit someone else to use your login details. You acknowledge and agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorized or fraudulent, you will be liable for payment of any Marketplace Offerings ordered by you. Any attempt by you to deliberately damage the Site is a violation of criminal and civil laws, and we reserve the right to claim damages from you.

 

SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral and/or proprietary rights to any such Submissions, and you hereby warrant that any such Submissions are originally yours or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

USER DATA

 

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

SITE MANAGEMENT

 

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of this Acceptable Use Policy; (2) take appropriate legal action against anyone who, in our sole discretion, violates applicable law or this Acceptable Use Policy including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your account or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

 

TERM AND TERMINATION

 

This Acceptable Use Policy shall remain in full force and effect while you use the Site and for as long as you use any Marketplace Offering. Without limiting any other provision of this Acceptable Use Policy we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Marketplace Offerings (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in this Acceptable Use Policy or of any applicable law or regulation. We may terminate your use or participation in the Site and the Marketplace Offerings or delete any content or information that you posted at any time, without warning, at our sole discretion.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

If we take any legal action against you as a result of your breach of this Acceptable Use Policy and in addition to any other relief awarded to us, we will be entitled to recover from you, and you agree to pay all reasonable attorneys’ fees and costs of any such action

MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, revise, modify, update, suspend, discontinue or remove the Content of the Site and the Marketplace Offerings at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings, save that should any Marketplace Offering purchased by you be discontinued and removed from the Site prior to you accessing and downloading such Marketplace Offering, you will be reimbursed the purchase price paid by you for such Marketplace Offering.

 

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in this Acceptable Use Policy will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

DISCLAIMERS

 

THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND THE MARKETPLACE OFFERINGS WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY AND/OR OTHER WARRANTIES IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT, THE MARKETPLACE OFFERINGS OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR OF THE MARKETPLACE OFFERINGS, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH

MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIALS AND THE MARKETPLACE OFFERINGS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE MARKETPLACE OFFERINGS, ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE (INCLUDING BUT NOT LIMITED TO BY THE VENDORS), ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THE VENDORS OR ANY OTHER THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

YOUR SOLE REMEDY AGAINST US FOR ANY DISPLEASURE WITH THE SITE, ITS CONTENTS AND/OR THE MARKETPLACE OFFERINGS IS TO STOP USING THE SITE, ITS CONTENT AND/OR THE MARKETPLACE OFFERINGS.

 

LIMITATIONS OF LIABILITY

 

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR SHAREHOLDERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF REPUTATION OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IF WE ARE HELD TO BE LIABLE TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, OUR LIABILITY WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US IN THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO OUR LIABILITY. 

 

CERTAIN US STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

INDEMNIFICATION

 

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS, INCLUDING OUR SUBSIDIARIES, AFFILIATES, AND ALL OF OUR RESPECTIVE OFFICERS, AGENTS, PARTNERS, AND EMPLOYEES, FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, CLAIM, OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR USE OF THE MARKETPLACE OFFERINGS; (2) YOUR BREACH OF THIS ACCEPTABLE USE POLICY; (3) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS ACCEPTABLE USE POLICY; (4) YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS; OR (5) ANY OVERT HARMFUL ACT TOWARD ANY OTHER USER OF THE SITE OR THE MARKETPLACE OFFERINGS WITH WHOM YOU CONNECTED VIA THE SITE. NOTWITHSTANDING THE FOREGOING, WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE, AT YOUR EXPENSE, WITH OUR DEFENCE OF SUCH CLAIMS. WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING WHICH IS SUBJECT TO THIS INDEMNIFICATION UPON BECOMING AWARE OF IT.

 

GOVERNING LAW

 

These terms shall be governed, interpreted, implemented and defined in accordance with the laws of the State of Delaware, the United States of America, without giving effect to any choice or conflict of law provision or rule (whether of the United States of America or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware, the United States of America. Subject to the dispute resolution provisions set out below, you irrevocably consent and agree that the courts of Delaware shall have exclusive jurisdiction to resolve any dispute which may arise in connection with this Acceptable Use Policy. 

 

DISPUTE RESOLUTION

 

Amicable Settlement: 

 

Where any disagreement, dispute or deadlock arises between us regarding this Acceptable Use Policy (a “Dispute”), you and the Company shall attempt to resolve the dispute amicably before the commencement of other dispute resolution mechanisms, set out below. Such informal and amicable negotiations commence upon written notice (“the Settlement Notice”) from either of us to the other. We shall meet and attempt in good faith to resolve the matter in question within seven (7) business days of receipt by either of us of the Settlement Notice from the other.  Any agreement between you and the Company in resolution of the Dispute shall be recorded in writing and signed by you and the Company and shall be binding on you and the Company. All of the processes undertaken hereunder (Amicable Settlement) shall be on a “without prejudice” basis.

 

If you and the Company are not able to resolve the matter, either of us may then refer such matter for further dispute resolution, as set out below.

 

Arbitration:

 

If a Dispute is not resolved by you and the Company within seven (7) business days, or such longer period as may be mutually agreed between us in writing then the Dispute concerned shall on written demand by either of us be submitted to arbitration in New York, New York in accordance with the Commercial Arbitration Rules of the American Arbitration Association in effect at the time of the arbitration before a suitably qualified arbitrator appointed by you and the Company by agreement or, failing agreement within fifteen (15) Business Days of the demand for arbitration, then either of us shall be entitled to forthwith call upon the American Arbitration Association to nominate the arbitrator, provided that the person so nominated shall be an attorney at law of not less than ten (10) years standing as such, and/or any other suitably qualified arbitrator to settle any critical technical nature of the Dispute. The person so nominated shall be the duly appointed arbitrator in respect of the Dispute. In the event of our attorneys failing to agree on any matter relating to the administration of the arbitration, such matter shall be referred to and decided by the arbitrator whose decision shall be final and binding on you and the Company. Either of us may appeal the decision of the arbitrator or arbitrators in terms of the Commercial Arbitration Rules of the American Arbitration Association. Nothing herein contained shall be deemed to prevent or prohibit either of us from applying to the appropriate court for urgent relief or for judgement in relation to a liquidated claim. Any arbitration (including any appeal proceedings) shall be conducted in camera and you and the Company shall treat as confidential details of the Dispute submitted to arbitration, the conduct of the arbitration proceedings and the outcome of the arbitration.

 

Exceptions to Amicable Settlement and Arbitration

 

You agree that the following Disputes are not subject to the above provisions concerning amicable and informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of our intellectual property rights; (b) any Dispute related to, or arising from, allegations of fraud, theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither of us will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and we agree to submit to the personal jurisdiction of that court.

 

DATA PRIVACY 

 

Our privacy policy applies to your use of the Site and the Marketplace Offerings, the provisions of which are deemed to be incorporated herein. To view our privacy policy, please click [here]. 

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

MISCELLANEOUS

 

This Acceptable Use Policy and any policies or operating rules posted by us on the Site or in respect of the Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this Acceptable Use Policy shall not operate as a waiver of such right or provision. This Acceptable Use Policy operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of this Acceptable Use Policy is held by a court or other tribunal of competent jurisdiction to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Acceptable Use Policy and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this Acceptable Use Policy or use of the Marketplace Offerings. You agree that this Acceptable Use Policy will not be construed against us by virtue of us having drafted them. You hereby waive any and all defences you may have based on the electronic form of this Acceptable Use Policy and the lack of signing by the parties hereto to execute this Acceptable Use Policy.

 

CONTACT US

 

In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further Information regarding use of the Site or the Marketplace Offerings, please contact us at: info@merlynn-ai.com

 

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Last Reviewed : 1st June 2022