Terms of Service
Effective Date: January 1, 2024
Last Updated: January 1, 2024
1. Acceptance of Terms
Welcome to Aibrite Inc. ("Aibrite," "we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website, services, and any related applications or platforms (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
If you do not agree to these Terms, please do not use our Services. We reserve the right to modify these Terms at any time, and your continued use of the Services constitutes acceptance of any changes.
2. Description of Services
Aibrite provides artificial intelligence consultancy and custom application development services, including but not limited to:
- Custom Application Development with AI integration
- AI & Data Intelligence solutions
- Enterprise Architecture & MLOps services
- Healthcare AI applications and systems
- Strategic AI consulting and implementation
- Technical architecture and system design
Our Services are provided on a project basis through written agreements that supplement these Terms.
3. User Responsibilities
3.1 Eligibility
You must be at least 18 years old and have the legal authority to enter into these Terms. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
3.2 Acceptable Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. You will not:
- Violate any applicable laws, regulations, or third-party rights
- Use our Services for any illegal, harmful, or malicious activities
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt the operation of our Services
- Transmit viruses, malware, or other harmful code
- Reverse engineer, decompile, or attempt to extract source code
- Use our Services to compete with us or develop competing products
3.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
4. Intellectual Property Rights
4.1 Our Intellectual Property
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, software, and methodologies, are owned by Aibrite or our licensors and are protected by intellectual property laws.
4.2 Client Intellectual Property
You retain ownership of your data, content, and pre-existing intellectual property. By using our Services, you grant us a limited license to use your materials solely for the purpose of providing Services to you.
4.3 Work Product
Ownership of custom-developed solutions and work products will be specified in individual project agreements. Generally, you will own the custom applications we develop specifically for you, while we retain rights to our general methodologies, frameworks, and pre-existing intellectual property.
5. Payment Terms
5.1 Fees and Payment
Fees for our Services will be specified in individual project agreements or statements of work. Unless otherwise agreed, payments are due within 30 days of invoice date.
5.2 Late Payments
Late payments may be subject to interest charges of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend Services for overdue accounts.
5.3 Refunds
Refund policies will be specified in individual project agreements. Generally, payments for completed work are non-refundable.
6. Confidentiality
We understand that you may share confidential information with us in connection with our Services. We agree to:
- Keep your confidential information strictly confidential
- Use confidential information only for providing Services to you
- Implement appropriate security measures to protect confidential information
- Not disclose confidential information to third parties without your consent
- Return or destroy confidential information upon request or project completion
This confidentiality obligation survives termination of our relationship and continues indefinitely.
7. Warranties and Disclaimers
7.1 Service Warranties
We warrant that our Services will be performed in a professional and workmanlike manner in accordance with industry standards. We will use commercially reasonable efforts to correct any material non-conformance with this warranty.
7.2 Disclaimers
EXCEPT AS EXPRESSLY SET FORTH HEREIN, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that our Services will be uninterrupted, error-free, or meet your specific requirements. AI and machine learning technologies are inherently probabilistic and may not always produce expected results.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AIBRITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
9. Indemnification
You agree to indemnify, defend, and hold harmless Aibrite and our officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of our Services, violation of these Terms, or infringement of any third-party rights.
10. Termination
10.1 Termination by Either Party
Either party may terminate these Terms or any project agreement with written notice. Specific termination terms will be outlined in individual project agreements.
10.2 Effect of Termination
Upon termination, you must pay all outstanding fees for Services performed. Provisions relating to intellectual property, confidentiality, warranties, limitations of liability, and indemnification shall survive termination.
11. Dispute Resolution
11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
11.2 Dispute Resolution Process
Any disputes arising out of or relating to these Terms shall first be addressed through good faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
11.3 Jurisdiction
Any legal proceedings not subject to arbitration shall be brought exclusively in the state or federal courts located in Orange County, Florida.
12. General Provisions
12.1 Entire Agreement
These Terms, together with any applicable project agreements, constitute the entire agreement between you and Aibrite regarding the subject matter hereof.
12.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
12.3 Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or government actions.
12.4 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
13. Contact Information
If you have any questions about these Terms, please contact us:
Aibrite Inc.
Email: legal@aibrite.com
Phone: +1 (407) 616-9447
Address: 1317 Edgewater Dr Suite 4459, Orlando, FL 32804, United States