TERM OF SERVICE
Effective date: Dec 1, 2021
Introduction
Welcome to ADFI. Thank you for using ADFI.
These Terms of Use are legally binding agreements between you and AI Robotics LTD. (Hereinafter referred to as “AI Robotics” or “our company”). Please read well.
These Terms of Use apply to your use of the websites linked to these Terms of Use. In these Terms of Use, “this site” means each of these websites and the services provided by these sites. By using or logging in to this site, you automatically agree to these Terms of Use and our privacy statement.
If you do not agree to these terms, you are free to decline. Unfortunately, it means you can’t use the service. If you use the service after the terms have been changed, it means that you agree to all changes. Except for the changes made by us described here, any other amendments or changes to these Terms will not be effective unless both you and us have signed in writing.
Our services you use are provided by AI Robotics under a separate contract, either manually or digitally. These additional terms are part of your contract with us if you use the Services or log in to this site.
Individuals who agree to these Terms of Use must be of legal age to enter into a binding contract (otherwise, they will receive parental or parental permission to use the Services and will be a parent. Or ask your parents to agree to these Terms of Service).
If you agree to these Terms on behalf of your organization or entity, you agree to these Terms on your behalf and represent and warrant that you have the power to be bound by these Terms (in this case, “You” and “your” in these Terms refer to that organization or entity, except for this statement.) You hereby certify that your use of the Services is legally permitted and the Services. We are solely responsible for the selection, access and use of.
As we are constantly striving to improve our services, these terms may need to change with our services. We reserve the right to change the Terms at any time, but if we do, we will notify you via this site, send you an email, or otherwise.
1. Account information
A. Registering for an account.
To use the Service, you will need to register and create an account (including your full name, password, and email address). If you upgrade your account, you will need to provide payment information as well. ADFI accounts will give you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users. If you open a ADFI account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to ADFI with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. For more information on the types of information we collect from these third-party services, please read our Global Privacy Policy. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
B. Your responsibility for your account.
You are responsible for taking all steps to ensure that no unauthorized person shall have access to your account or password. When creating your account, you must provide accurate and complete information. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lowercase letters, numbers, and symbols) with your account. It is your sole responsibility to: (i) control the dissemination and use of your account and password, and (ii) promptly inform us of any need to deactivate an account or password. We are not liable for any harm related to the theft of passwords, or your disclosure of passwords. You shall immediately notify us of any unauthorized use of your account or password or any breach of confidentiality. You are solely responsible for any damage resulting from the use of your account and username. You may not use your account or password to breach security of another account.
C. How to control your account.
You may control your account and how you interact with the Service by changing your settings. By providing us with your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service. You may not opt out of these messages unless you cancel your account. For more information, please read our Global Privacy Policy.
2. Changes to the Service, termination, and indemnity
ADFI is constantly innovating and finding ways to provide our users with new features and services. Therefore, we may, without prior notice, change the Service, add features, stop providing the Service or features of the Service to you or to users generally, or create usage limits for the Service. We may permanently or temporarily terminate, downgrade, suspend, or prohibit your access to the Service without prior notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. Upon termination of your use of the Service, you continue to be bound by this Agreement.
You agree to defend, indemnify, and hold us and our Affiliates harmless from and against any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or related to (a) your User Content; (b) use of the Service; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; (e) violation of these Terms of Service, or violation of any rights of another.
3. User Content
We may now or We may now or in the future allow you to register or publish content on or upload content to the Service, including but not limited to recipe data images, and photos. Any content a user submits, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content.” You retain ownership of your User Content. We have no obligation to store, maintain, or provide you a copy of your User Content. You alone are responsible for any of your User Content that may be lost or unrecoverable through your use of the Service. You are encouraged to archive your User Content regularly and frequently.
4. intellectual property
Except for Except for User Content (defined below), all materials on the Service including the mini-applications that integrate other applications and services (“Recipes”) and the Service itself and all Intellectual Property Rights contained therein or related thereto, including text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation (collectively, the “Content”), including but not limited to the design, structure, arrangement, and “look and feel” of such Content, is owned by or licensed to us and our licensors and is protected by copyright, trademark, and other intellectual property rights and laws.
Other than as provided herein, we does not grant to user any license, express or implied, to the intellectual property of us or its licensors. Except as expressly provided in the Terms of Service, no part of the Service and no Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes.
Subject to the terms and conditions of this Agreement, we provides you with a non-exclusive, revocable license to use the Service, including the Recipes, as expressly permitted by the features and functionality of the Service and the Terms of Service. We may terminate this license at any time for any reason or no reason.
5. Disclaimer of warranties and limitation of liability
The service and all content is provided on an “as is” and “as available” basis, without warranty of accuracy, completeness, timeliness, freedom from viruses or other defects, or non-infringement.
Your sole remedy against us for dissatisfaction with the service or any content is to stop using the service or any such content. In no event shall we or our subsidiaries, officers, directors, employees, agents, licensors, or content providers (our “affiliates”) be liable for any damages, including, without limitation, indirect, consequential, special, incidental, or punitive damages, resulting from the use or inability to use the service or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we or our affiliates are advised on the possibility of such damages.
To the maximum extent permitted by applicable law, we assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all information, including personal information or financial information, stored therein; (iv) any errors, mistakes, losses, damage or unauthorized access resulting from the use of third party applications by you, by your end users, or by us on your behalf; (v) any interruption or cessation of transmission to or from the service; (vi) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; and/or(vii) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content emailed, transmitted, or otherwise made available through the service. In no event shall we, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding one dollar.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some country do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from country to country. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
We will not be held responsible for any damages incurred by you due to server downtime or other reasons of third party services.
6. Responsibility for this service
The server utilization rate of this service is targeted at 99% or more in terms of time. This value is the standard value of the effort target, not the guaranteed value, so we will not be liable even if it falls below this operating rate.
7. Billing and payment
Users of the Service may be required to provide their credit card details to Company or the payment service provider retained by Company (the “PSP”). Users will be responsible for paying agreed-upon fees for the Service. Users of the Service will be liable for any taxes (“Taxes”) required to be paid on the Service provided under the Agreement (other than Taxes on the Company’s income).
All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information. An upgrade from the free plan to any paying plan will immediately bill you.
For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
To the extent your use of the Service exceeds the usage limits provided for in your payment plan, we reserves the right to charge you overage fees for any such excessive use, in our sole discretion.
We reserve the right to change our fees and to institute new charges at any time, upon notice to you via email notice, written notice, or through posting of such notice on our website, as determined by us in our sole discretion. Your use of the Service following such notification constitutes your acceptance of any new or increased fees. All fees are exclusive of all Taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such Taxes, levies, or duties.
8. Privacy
Our Global Privacy Policy apply to the use of the Service and its terms are made a part of the Terms of Service by this reference. You understand that by using the Service you consent to the collection, use, and disclosure of your Personal Information and aggregate data as set forth in our Global Privacy Policy, and to have your Personal Information collected, used, transferred to, and processed in the United States and Japan. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your information at your own risk.
9. Amendments, notification procedures, and changes to the Agreement
We reserve the right, in our sole discretion, to modify, update, or change the Terms of Service (“Updated Terms”) from time to time, so you should review this page periodically. When we change the Agreement in a material manner, we will update the “last modified” date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. We may provide such notifications, whether the notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written notice, or through posting of such notice on our website, as determined by us in our sole discretion. We reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification by contacting us. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Service and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. The Terms of Service will govern any disputes arising before the effective date of the Updated Terms.
10. Dispute resolution
INFORMAL NEGOTIATIONS.
To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and we agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to our company.
BINDING ARBITRATION.
If you and we are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. You understand that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You and we agree that any arbitration will be limited to the Dispute between us and you individually. You acknowledge and agree that you and we are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and we otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void.
LOCATION OF ARBITRATION.
Arbitration will take place in Japan, You and we agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, courts located in Japan. Japan have exclusive jurisdiction and you and we agree to submit to the personal jurisdiction of such courts.
11. Other details
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Governing law, international use, and users
The Terms of Service will be governed by and construed in accordance with the internal laws of Japan, without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in Japan, Japan, and waive any objection to such jurisdiction or venue.
The Service is controlled and operated from its facilities in Japan. Although the Service may be accessible worldwide, we make no representation that the Service are appropriate or available for use in locations outside Japan, and accessing the Service from territories where its use is illegal is prohibited. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Japan and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the Japan, or are a foreign person or entity blocked or denied by Japan government.
Entire agreement/severability
The Terms of Service represent the entire agreement between you and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral. The Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns.
No waiver
Any failure by us to enforce or exercise any provisions of the Terms of Service shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.
Attorneys’ and accountants’ fees, remedies
In any action to enforce the Terms of Service, the prevailing party shall be entitled to attorneys’ and accountants’ fees and costs.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of us shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees, and expenses.
No instance of waiver by us of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or other waiver.