By accessing and using the Platform, Users agree to be bound by these Terms and any additional terms that may be applicable to specific features or services offered through the Platform. If Users do not agree to these Terms, they must not use the Platform.
For the purpose of these Terms, the following definitions shall apply:
“Content” means all data, text, software, music, sound, photographs, graphics, video, messages, or other materials uploaded, posted, stored, or made available on or through the Platform.
“Intellectual Property” means any and all patents, trademarks, service marks, trade names, copyrights, trade secrets, proprietary information, and other proprietary rights, whether registered or unregistered, that are owned or controlled by the Platform or its licensors.
“User Content” means any Content that is uploaded, posted, stored, or made available on or through the Platform by Users.
Users may be required to create an account in order to access certain features and services offered through the Platform. In order to create an account, Users may be required to provide personal information, including their name and email address. Users are responsible for maintaining the confidentiality of their account information, and for any and all activities that occur under their account.
Users agree to immediately notify the Platform of any unauthorized use of their account or any other breach of security. The Platform will not be liable for any loss or damage arising from Users’ failure to comply with this section.
The Platform and its licensors own all right, title, and interest in and to the Intellectual Property used in or embodied in the Platform, including all software, algorithms, and other technology used in the Platform. Users acknowledge and agree that they do not acquire any ownership rights by using the Platform.
Users may not use any trademark, service mark, trade name, logo, or other proprietary information belonging to the Platform or its licensors, without the prior written consent of the Platform or its licensors.
Users are solely responsible for their User Content and the consequences of uploading, posting, storing, or making it available on or through the Platform. Users represent and warrant that they have all rights necessary to upload, post, store, or make available their User Content on or through the Platform, and that the User Content does not infringe on the Intellectual Property rights of any third party.
The Platform does not endorse any User Content and is not responsible for any User Content. The Platform may, in its sole discretion, remove or delete any User Content that it deems to be in violation of these Terms or any applicable law or regulation.
Data Collection and Use
The Platform collects and stores personal and sensitive data from its Users, including their name, email address, and any other data that is voluntarily provided by the User. The Platform also collects data related to the use of the Platform, such as user behavior and analytics.
In addition, the Platform may also collect and store sensitive data related to autonomous driving development, such as data related to vehicle performance, sensor readings, and simulation results. The Platform uses this data to provide its Users with the tools and resources necessary for the development and testing of autonomous driving systems.
The Platform takes the privacy and security of its Users’ data seriously and implements appropriate security measures to protect the data from unauthorized access or misuse. However, Users acknowledge that the Platform cannot guarantee the complete security of their data and that there may be risks associated with transfering data over the internet, including but not limited to, unauthorized access, theft, or hacking.
The Platform may use User data for the purpose of improving its services, conducting research and analysis, and providing Users with personalized content and advertisements. The Platform may also share User data with its partners and affiliates for these purposes, as well as for the purpose of complying with legal requirements.
Users have the right to access and control their personal data collected by the Platform, including the right to request the deletion or correction of their data. Users may also opt-out of the Platform’s use of their data for personalization or advertising purposes by adjusting their privacy settings within their account.
Users agree to use the Platform only for lawful purposes and in accordance with these Terms. Users agree not to engage in any of the following prohibited activities:
Uploading, posting, storing, or making available any Content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, or otherwise objectionable.
Engaging in any activities that infringe on the Intellectual Property rights of the Platform or its licensors, including but not limited to, copying, reproducing, or distributing any software or technology used in the Platform without the prior written consent of the Platform or its licensors.
Engaging in any activities that disrupt the functioning of the Platform, including but not limited to, overloading, “flooding”, “spamming”, “crashing”, or “hacking” the Platform.
Impersonating any person or entity or falsely stating or misrepresenting one’s affiliation with a person or entity.
Engaging in any activities that violate any applicable law or regulation.
Users acknowledge and agree that the Platform may remove or delete any Content or User Content that it deems to be in violation of these Terms, or any applicable law or regulation, without prior notice to the User.
Warranties and Disclaimers
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PLATFORM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE PLATFORM MAKES NO WARRANTY THAT THE PLATFORM WILL MEET USERS’ REQUIREMENTS, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USERS ACKNOWLEDGE AND AGREE THAT THE USE OF THE PLATFORM IS AT THEIR SOLE RISK.
THE PLATFORM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE PLATFORM, AND THE PLATFORM WILL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION, OR FOR AN DECISIONS MADE BASED ON SUCH INFORMATION.
THE PLATFORM DISCLAIMS ALL LIABILITY FOR THE ACTS, OMISSIONS, OR CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO THE USE OF THE PLATFORM BY USERS.
THE PLATFORM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
THE PLATFORM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM IN TERMS OF ITS AVAILABILITY, ACCURACY, RELIABILITY, OR OTHERWISE.
Modifications and Termination
The Platform reserves the right, at its sole discretion, to modify or replace these Terms at any time. If the modifications materially alter the User’s rights or obligations, the Platform will provide the User with notice, such as through an email notification or a notification through the Platform. The User’s continued use of the Platform after the effective date of any modifications to these Terms will constitute the User’s acceptance of such modifications.
The Platform reserves the right, at its sole discretion, to terminate or suspend the User’s access to all or any part of the Platform, with or without notice and with or without cause, at any time and for any reason.
Governing Law and Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles. The parties agree to submit to the exclusive jurisdiction of the courts located in the State of California, and waive any objections to the jurisdiction or venue of such courts.
In the event of any dispute arising from or relating to these Terms, the parties agree to engage in good faith negotiations to resolve such dispute. If the parties are unable to resolve the dispute through negotiations, the parties agree to submit the dispute to arbitration in accordance with the rules of the American Arbitration Association.
These Terms constitute the entire agreement between the User and the Platform and supersede all prior understandings and agreements, whether written or oral, relating to the use of the Platform.
If any provision of these Terms is found to be invalid or unenforceable, such provision will be enforced to the maximum extent possible, and the remaining provisions of these Terms will remain in full force and effect.
The failure of the Platform to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Users may not assign these Terms, or any of their rights or obligations hereunder, without the prior written consent of the Platform, and any attempted assignment without such consent will be null and void. The Platform may assign these Terms, in whole or in part, at any time without notice to the User.
These Terms do not create any agency, partnership, joint venture, or employment relationship, and the User may not make any representation on behalf of the Platform.
Users acknowledge and agree that these Terms do not confer any third-party beneficiary rights.
All notices required or permitted to be given under these Terms will be in writing and sent to the email address provided by the User when creating an account with the Platform, or such other email address as the User may subsequently provide to the Platform. Notices will be deemed to have been given upon the transmission of the email.
If the User has any questions or concerns regarding these Terms, the User may contact the Platform at:
email@example.com or call us at 415-723-2791.
The provisions of these Terms that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Platform reserves the right to amend these Terms from time to time without notice. Any such amendment will be effective immediately upon posting on the Platform. By continuing to use the Platform, the User agrees to be bound by any such amendment.
If any provision of these Terms is held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired.
The failure of either party to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
These Terms constitutes the entire agreement between the User and the Platform with respect to the use of the Platform and supersedes all prior agreements and understandings between the User and the Platform, whether written or oral, relating to such use.
The User may not assign these Terms or any of their rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the Platform, and any attempt to do so without such consent will be null and void. The Platform may assign these Terms and its rights and obligations hereunder without the User's prior written consent.
Relationship of the Parties
These Terms do not create any agency, partnership, joint venture, or employment relationship, and the User may not make any representation on behalf of the Platform.
Neither party will be liable for any failure or delay in performance under these Terms to the extent caused by circumstances beyond its reasonable control, including acts of God, war, strikes, natural disasters, and changes in law.
No Third-Party Beneficiaries
These Terms are for the benefit of the User and the Platform only, and do not create any third-party beneficiary rights.
The headings in these Terms are for reference purposes only and do not affect the meaning of any provision.
The original language of these Terms is English and in the event of any conflict between the English language version and any translated version of these Terms, the English language version will control.
Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the jurisdiction in which the Platform is headquartered, without giving effect to any principles of conflicts of law. The User and the Platform agree to submit to the exclusive jurisdiction of the courts located within such jurisdiction, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Any dispute arising out of or related to these Terms will be resolved through binding arbitration in accordance with the American Arbitration Association's rules for commercial arbitration. Any such arbitration will take place in the jurisdiction in which the Platform is headquartered and will be conducted in English. The arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
The User acknowledges that the Platform's confidential information (including, without limitation, the Platform's technology, business plans, customer information, and financial information) is a valuable and unique asset of the Platform and that unauthorized use or disclosure of such information may cause irreparable harm and significant injury to the Platform. The User agrees to hold all confidential information in strictest confidence and not to use or disclose any confidential information for any purpose other than as required to perform the User's obligations under these Terms. The User agrees to return all confidential information promptly upon request.
The User agrees to allow the Platform to use the User's name and logo in marketing materials and customer lists, subject to the User's right to opt-out at any time by providing written notice to the Platform.
The User agrees to provide the Platform with feedback regarding the Platform's services, and the Platform agrees to use such feedback in accordance with its standard practices.
These Terms, together with any additional terms to which the User has agreed, constitute the entire agreement between the User and the Platform with respect to the use of the Platform and supersedes all prior agreements and understandings, whether written or oral, relating to such use. The Platform may modify these Terms at any time and such modification will be effective immediately upon posting of the modified Terms on the Platform. The User agrees to review these Terms periodically to be aware of such modifications and the User's continued use of the Platform will be deemed an acceptance of any modified terms. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. The User agrees that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than the User and the Platform.
The User agrees to defend, indemnify, and hold harmless the Platform and its officers, directors, employees, agents, and affiliates from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising from the User's breach of these Terms or from the User's use of the Platform. The Platform will provide notice to the User of any such claim, suit, or proceeding and may assist the User, at the User's expense, in defending any such claim, suit, or proceeding.
The User represents and warrants to the Platform that: (i) the User has the right, power, and authority to enter into these Terms and perform the User's obligations hereunder; (ii) the User's use of the Platform will not infringe the proprietary rights, including without limitation, patent, trademark, trade secret, copyright, or other intellectual property rights, of any third party; and (iii) the User will comply with all applicable laws and regulations in using the Platform and in fulfilling the User's obligations under these Terms.
Disclaimer of Warranties
THE PLATFORM AND THE USER'S USE OF THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE PLATFORM MAKES NO WARRANTY THAT THE PLATFORM WILL MEET THE USER'S REQUIREMENTS, BE ERROR-FREE OR UNINTERRUPTED, OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE USER ASSUMES ALL RISK FOR SELECTING THE PLATFORM FOR THE USER'S USE, FOR INSTALLING AND USING THE PLATFORM ON THE USER'S SYSTEMS, AND FOR THE RESULTS OBTAINED FROM THE USE OF THE PLATFORM.
Limitation of Liability
IN NO EVENT WILL THE PLATFORM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PLATFORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THE USE OR INABILITY TO USE THE PLATFORM OR FROM THE USER'S USE OF THE PLATFORM.
Limitation of Time to File Claims
Any cause of action or claim the User may have arising out of or relating to these Terms or the User's use of the Platform must be commenced within one (1) year after the cause of action or claim arose, or it will be barred.