Terms of Service

Thanks for using Labellerr! These terms & conditions govern your access to and use of Labellerr websites and services, so please read everything carefully. This page explains the terms by which you may use our website, labellerr.com and any of our other mobile or web services or applications that we make generally available to our customers (collectively with the Labellerr Site, “Labellerr”), and that you have read, understood, and agree to be bound by these Terms & Conditions and the associated Privacy Policy.

Terms

These terms of service are a contract between you and Labellerr, a Tensor Matics Inc product. Labellerr operates labellerr.com (“Labellerr Site”). By accessing this web site, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using are accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

Use License

Labellerr hereby grants you a non-exclusive, non-transferable, worldwide right to access and use Labellerr, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit Labellerr to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use Labellerr. All rights not expressly granted to you are reserved by Labellerr and its licensors. You shall not (i) modify or make derivative works based upon Labellerr; (ii) reverse engineer or access Labellerr in order to (a) build a competitive product or service, (b) build a product using similar features, functions, or graphics of Labellerr, or © copy any features, functions, or graphics of Labellerr. You further acknowledge and agree that, as between the parties, Labellerr owns allright, title, and interest in and to Labellerr, including all intellectual property rightstherein.

Disclaimer

The materials on Labellerr website are provided “as is”. Labellerr makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Labellerr does not warrant or make any representations concerning the accuracy, likely results, or reliability of the user of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Labellerr or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Labellerr Internet site, even if Labellerr or a Labellerr authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

REVISIONS AND ERRATA

The materials that appear on Labellerr website could include technical, typographical, or photographic errors. Labellerr does not warrant that any of the materials on its website are accurate, complete, or current. Labellerr may make changes to the materials contained on its website at any time without notice. Labellerr does not, however, make any commitment to update the materials.

INDEMNITY

You agree to defend, hold harmless and indemnify Labellerr from and against any and all losses, costs, expenses, damages or other liabilities incurred by Labellerr arising from or related to any cause of action, claim, suit, proceeding, demand or action brought by a third party against Labellerr: (a) in connection with your use of Labellerr including any payment obligations incurredthrough use of Labellerr; or(b) resulting from: (i) your use of Labellerr; (ii) your decision to supply profile or paymentinformation via Labellerr; (iii) any breach of contract or other claims made by Labellerrswith which you conducted business through Labellerr; (v) your breach of any provisionof this Agreement; (vi) any liability arising from the tax treatment of payments or anyportion thereof; (vii) any negligent or intentional wrongdoing by any Member with whichyou conducted business through Labellerr; (viii) any act or omission of yours withrespect to the payment of fees to any Labellerr; (ix) your dispute or failure to pay anyinvoice or any other payment; or (x) your obligations to a Labellerr. Any suchindemnification shall be conditioned on our: (a) notifying you in writing of any suchclaim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating withyou in the defence or settlement thereof; and allowing you to control such defence orsettlement. We shall be entitled to participate in such defense through our own counselat our own cost and expense. We reserve the right to report any wrongdoing of whichwe become aware of the applicable government agencies or otherwise.

Terms & Conditions Modifications

Labellerr may revise these Terms & Conditions of Use at any time without notice; provided that, if we make any material changes to these Terms and Conditions of Use, we will use commercially reasonable efforts to notify you. By continuing to use Labellerr, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to Labellerr website shall be governed by the laws of the United State without regard to its conflict of law provisions.

API Terms

Any use of the API (Application Program Interface), including the use of the API through a third-party product that accesses Labellerr, is bound by these Terms of Service plus the following specific terms: You expressly understand and agree that Labellerr shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Labellerr has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API. Abuse or excessively frequent requests to Labellerr via the API may result in the temporary or permanent suspension of your account’s access to the API. Labellerr, in its sole discretion, will determine abuse or excessive usage of the API. Labellerr will make a reasonable attempt via email to warn the account owner prior to suspension.Labellerr reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Fraudulent Activity

Use of Labellerr, including but not limited to any applications that use Labellerr or APIs, prohibits using Labellerr for fraudulent account creation or other malicious purposes, including but not limited to creating and distributing spam emails, spam tweets, or other “spammy” electronic communication. Labellerr reserves the right to filter and or block such activity, and if necessary, to remove any account that has engaged in these and similarly malicious activities. Individuals wishing to work within Labellerr are authorized to create one account on Labellerr.

Work Product and Customer Materials

Work produced by Labellerr on behalf of clients is carried out as work-for-hire on behalf of these clients and ownership over the work product remains with the client. Unless requested otherwise, you, as a customer, grant Labellerr an unlimited license to use the work product for internal worker training and education, internal product evaluation, testing and any other purposes. You may provide to Labellerr pursuant to this Agreement certain proprietary materials and information (as you determine in your discretion) for use in connection with the development of the work product (collectively, “Customer Materials”). Subject to the terms hereof, you hereby grants to Labellerr: (a) a royalty-free, fully paid-up, worldwide, non-transferable (except as set forth below), nonexclusive license during the term to use the Customer Materials in order to provide Labellerr and provide the work product; and (b) a royalty-free, fully paid-up, worldwide, non-transferable (except as set forth below), perpetual, irrevocable, nonexclusive license to use the Customer Materials in order to operate, analyze, and improve Labellerr, including the creation of anonymized and/or aggregated data derived from such Customer Materials. If Labellerr shares or publicly discloses information (e.g., in marketing materials or in application development) that is derived from Customer Materials, such data will be aggregated or anonymized to reasonably avoid identification of you. By way of example and without limitation, Labellerr may: (a) track the number of users and uses of Labellerr on an anonymized aggregate basis as part of Labellerr marketing efforts to publicize the total usage of Labellerr; (b) analyze usage patterns for product development efforts; and use anonymized and/or aggregated data derived from Customer Materials to develop further analytic frameworks and application tools. You further agree that Labellerr will have the right, both during and after the term, to use, store, transmit, distribute, modify, copy, display, sublicense, create derivative works of the anonymized and/or aggregated data. Customer expressly retains all right, title and interest in and to the Customer Materials, including all intellectual property rights therein.

Publicity

By using Labellerr or any portion thereof, including but not limited to our API, you hereby grant us a fully paid-up, royalty-free, nonexclusive, worldwide right and license to use your trademarks, logos, and trade names for the sole purpose of referring to you as a customer and/or user of Labellerr on the Labellerr Site and our other marketing and promotional materials, or as otherwise mutually agreed between you and Labellerr.