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TERMS AND CONDITIONS OF NUCONET USA’s Products, Services, Websites, Mobile Apps, Events, Courses, Chatbots, and AI tools

Effective Date: 6/22/2024

Introduction

Welcome to Nuconet USA. These Terms and Conditions (“Terms”) govern your access to and use of Nuconet USA’s products, services, websites, mobile apps, events, courses, chatbots, AI tools, and all divisions and brands under Nuconet USA, including but not limited to Nucodemia, NucoAI, NucoBOTS, NucoMENUS, NucoARTS, The AI Era News, and IAinforma (“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.

1. Acceptance of Terms

By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not understand or agree with these Terms, do not use our Services. We may modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our Services constitutes acceptance of the modified Terms.

2. Use of Services

You agree to use our Services in compliance with all applicable laws and regulations. You may not use our Services for any unlawful or prohibited activities, including but not limited to:

  • Posting or transmitting content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.
  • Engaging in any activity that could harm or interfere with the operation of our Services or networks.
  • Attempting to gain unauthorized access to our Services or systems.

3. Scope of Services

We provide a range of services, including but not limited to AI integration, digital marketing, AI and digital marketing consulting, and web design. The specific services to be provided will be detailed in our proposal.

4. Third-Party Services

Our services may involve the use of third-party products and services that we do not control or maintain. While we conduct due diligence to select reliable partners, we are not responsible for any downtime or issues caused by these third parties. By agreeing to our terms, you acknowledge and accept this. Additionally, users must comply with the Terms of Service and acceptable use policies of these third-party providers, which are beyond our control.

5. Delays and Payment Schedule

If a project is delayed due to the client’s actions, including but not limited to delays in providing requested materials or unforeseen circumstances such as worker strikes, the payment schedule will not be adjusted. Payments are due as per the agreed schedule regardless of delays.

6. Intellectual Property

All content and materials on our Services, including text, graphics, code, and software, are protected by intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any content from our Services without our prior written consent. You are granted a limited, non-exclusive, non-transferable, revocable license to use our Services for personal, non-commercial purposes.

7. User-Generated Content

By submitting content to any public area of our Services, you grant Nuconet USA a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and distribute the content. You represent and warrant that you own or have the necessary permissions to submit the content and that it does not violate any third-party rights.

8. Privacy and Data Protection

We are committed to protecting your privacy. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and protect your personal information.

9. Content from Client

You are responsible for providing any content required for our services, including but not limited to text, images, videos, and other materials. You guarantee that any content provided is owned by you or that you have permission to use it. We can assist with creating or sourcing content for an additional fee. Delays in providing the required content may affect project timelines but will not adjust the payment schedule.

10. Changes and Revisions

Fixed-price contracts often limit flexibility. We encourage you to request changes as needed, but additional work will incur extra charges and may affect deadlines.

11. Technical Support

We offer technical management services for websites, mobile apps, and chatbots when contracted. We are not a hosting company and do not provide hosting support.

12. Limitation of Liability

Our Services are provided “as is” without any warranties, express or implied. Nuconet USA and its suppliers disclaim all warranties, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose. We do not guarantee that our Services will be error-free or uninterrupted. To the maximum extent permitted by law, Nuconet USA shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or relating to your use of our Services.

13. Indemnification

You agree to indemnify, defend, and hold harmless Nuconet USA, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of our Services or violation of these Terms.

14. AI Interactions

In the event that our AI support systems or other AI tools suggest any agreements, special deals, discounts, or contract terms, such suggestions are not legally binding and do not represent official offers from Nuconet USA. AI interactions are for informational purposes only and should not be considered as final terms or agreements.

15. AI Technology Disclaimer

Clients acknowledge that they cannot hold Nuconet USA responsible or liable for any damage or claims arising from the use or integration of any AI technology provided by or assisted by Nuconet USA. This includes, but is not limited to, the following clauses:

  • AI Disclaimer: Content generated by AI may not always be accurate, and Nuconet USA cannot guarantee its accuracy. A link to these Terms of Service is provided where applicable for further reference.
  • Be a Good Human Clause: Users must not use AI in violation of the Acceptable Use Policy of Nuconet USA or any third-party providers. Violations may result in suspension or termination of accounts.
  • AI’s Role vs. Product’s Role: AI tools may self-identify in ways that suggest expertise. However, AI tools do not represent Nuconet USA and do not offer professional advice. For example, AI tools are not legal advisors even if they identify as such.
  • Restrictions on Sharing and Publishing AI-Generated Content: Users are prohibited from using AI-generated content in any manner that violates our Terms of Service, acceptable use policies, or any applicable laws and regulations. Users acknowledge and agree that they assume full responsibility for any content they publish or distribute, including compliance with all applicable laws, and that Nuconet USA will not be held liable for any misuse of AI-generated content.
  • Use of Technology Partners: Our AI solutions may utilize third-party AI engines. User data may be shared with these third-party companies.
  • Intellectual Property Rights: Ownership of AI-generated content is subject to the terms of the specific AI tool used. Users must understand the conditions under which they can claim ownership or use rights.
  • Data Privacy and Security: User data is collected, used, and protected in accordance with our Privacy Policy.
  • Limitation of Liability: Nuconet USA’s liability is limited in relation to AI product outputs, especially in scenarios where the AI’s output leads to indirect or unintended consequences.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in Fresno, California, in accordance with the rules of the American Arbitration Association. Each party shall bear its own costs and fees associated with the arbitration.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. It is your responsibility to review these Terms periodically. Your continued use of our Services after any changes constitutes your acceptance of the new Terms.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, along with our Privacy Policy and any other legal notices or policies published by us, constitute the entire agreement between you and Nuconet USA regarding your use of our Services. This includes, but is not limited to, our Social Media Groups terms, DMCA Policy, Disclaimers, Copyright Notice, Anti-Spam Policy, and FTC Compliance Policy.

20. Payments

Invoices must be paid within 7 days. Late payments incur a $35 fee and 1.5% interest per month.

21. Refunds

All services and product sales are final and non-refundable.

22. Contact Information

If you have any questions or concerns about these Terms, please contact us at https://www.nuconet.com/contact.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.