These terms and conditions of use ("Terms of Use") and the Product Monkey AI's Privacy Policy("Privacy Policy") govern your access to and use of this website located at the URL https://productmonkey.ai (the “Website"). You should read these Terms of Use and the Privacy Policy carefully before using the Website.
In these terms of use, the terms "us", "our" or "we" refer to 12337282 Canada INC., owner of the Website; "Information" refers to information contained in, or accessed through, the Website; and the terms "you" and "your" refer to the user and/or viewer of the Website or the Information.
Your acceptance of these Terms of Use
By accessing or using the Website, registering an account or signing up to use the Website using your Google or Facebook account, uploading or downloading any Information or content from or to the Website, you represent and warrant that you have read and understood the Terms of Use and Privacy Policy, and will abide by them.
Modifications to these Terms of Use and the Information
We may revise, update or add additional terms to these Terms of Use and the Privacy Policy at any time in our absolute discretion. All revisions, changes or additional terms will be updated on the Website. These modified, updated or additional terms become part of your agreement with us if you continue to use the Website. It is important that you review the latest version of the Terms of Use and Privacy Policy.
Modifications to the Information
All Information may be changed, supplemented, deleted or updated without notice to you and at our sole discretion.
Intellectual Property licence and ownership
The copyright subsisting in the Information, including, without limitation, text, graphics, architecture, coding, articles, video recordings, interview questions and answers, training materials, is owned or licensed by us.
The Website may also contain trademarks owned by us and/or third parties. You may not display or use in any manner any trademarks featured on the Website without the prior written permission of the trademark owner.
If you wish to make any other use of the Information, you must have our prior written permission. To ask for permission or for further information, please contact us at [email protected]. We may enter into a separate agreement with you in relation to use of specific Information (in which case that agreement will supersede these Terms of Use and prevail to the extent of any inconsistencies).
Ideas and Feedback
You may choose to or we may invite you to submit comments or ideas about Product Monkey AI, including but not limited to ideas about improving Product Monkey AI or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
User Content
(a) Your Content. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input, and subject to your compliance with these Terms, Product Monkey AI hereby assigns to you all its right, title and interest in and to Output. Product Monkey AI may use Content as necessary to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.
(b) Your Files and Data. You may upload your Files and Data, subject to size and file type parameters, to our servers hosted by AWS (Amazon Web Server), which is SOC 2 Compliant. Information relevant to your output is extracted from the uploaded Data and Files and presented to you by Product Monkey AI.
(c) Similarity of Content. Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for Product Monkey AI or a third party. Responses that are requested by and generated for other users are not considered your Content.
(d) Use of Content to Improve Services. One of the main benefits of machine learning models is that they can be improved over time. To help CODY AI provide and maintain the Services, you agree and instruct that we may use Content to develop and improve the Services. We understand that in some cases you may not want your Content used to improve Services. You can opt out of having Content used for improvement by contacting [email protected] with your user email address.
Code of Conduct
While using the Website, you are responsible for all activities occurring under your account. You shall comply with all applicable local, provincial, federal, and foreign laws, treaties and regulations in connection with your use of the Website, including without limitation, laws and regulations governing data privacy, international communications and transmission of technical or personal data.
Unauthorized access to the Website is a breach of this agreement and a violation of the law. You agree not to access the Website by any means other than through the interface that is provided by us for use in accessing the Website.
You may not access the Website for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes.
Without limiting the foregoing, you agree that you will not use the Website to take any of the following actions:
- Infringe or violate our intellectual property rights or the intellectual property rights of others.
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
- Upload, e-mail, distribute, or disseminate (collectively, “transmit”) any inappropriate, profane, defamatory, misleading, infringing, obscene, indecent, or unlawful content.
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, the Website, servers or networks, any software or hardware, or telecommunications equipment.
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, chain letters or other unsolicited messages.
- Download any file that you know or reasonably should know cannot be legally obtained in such manner.
- Restrict or inhibit any other user from using and enjoying the Website.
- Interfere with or disrupt the Website, servers, or networks.
- Probe, scan or test the vulnerability of the Website or circumvent any security mechanism used by us.
- Impersonate any person or entity, including, but not limited to, any of our representatives, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Website or to manipulate your presence on the Website.
- Take any action that imposes an unreasonably or disproportionately large load on the Website’s infrastructure.
- Engage in any illegal activities.
- Use automated systems, bots or software to extract data from the Website, (‘screen scraping’).
Use of the Website is subject to existing laws and legal process. Nothing contained in this agreement will limit our rights to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Website.
We may permanently or temporarily revoke or suspend your access to the Website without notice and liability for any reason, including your violation of the terms of this agreement. Upon termination for any reason or no reason, you continue to be bound by the terms of this agreement.
Outbound links
The Website may contain links to third-party websites and resources ("Linked Websites"). These Linked Websites are provided solely as a convenience to you and not as an endorsement by us. We make no representations or warranties regarding the availability, correctness, accuracy, performance or quality of any Linked Website or any content, software, service or application found at any Linked Website. We may receive payments and/or commissions from operators of Linked Websites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Website.
Inbound linksWe generally encourage and agree to your linking to the Website's home page (https://productmonkey.ai) through a plain text link on your website without the need for agreement between us. However, you are not permitted to use the Website to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales, without express written permission from us.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Errors and problems
The Website and the Services are provided to you on an “As-Is” basis. We do not guarantee that the Website will be free from errors or viruses, or that access to the Website will be uninterrupted, and we accept no liability for any interference with, or damage to, your computer system, software or data occurring in connection with the Website.
Disclaimer and limitation of liability
The Information is for general information purposes only. While we have taken reasonable steps to ensure the accuracy of the Information and the Website, we disclaim all representations and warranties regarding the currency, accuracy, completeness, reliability, security, availability or timeliness of the content, information or services provided by the Website and the Information. You acknowledge that your use of the Website and any Information is entirely at your own risk.
To the extent permitted by law, we disclaim all liability for, and all warranties, either express or implied, statutory or otherwise, in relation to, any loss, damage, expense and costs incurred by any person arising out of accessing, downloading, using or relying on any of the Information or the Website. Where any law implies a warranty into these terms of use which may not be lawfully excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will, at our option, be limited to the supply of the Information or services again, or the payment of the cost of having them supplied again.
You agree to release, indemnify, defend and hold harmless 12337282 Canada INC, and our employees, contractors and officers, from all loss, liabilities, damages, costs, claims and expenses (including legal costs on a full indemnity basis) that arise directly or indirectly from your breach of the terms of use and your activities in connection with the use of the Website and any of the Information.
CookiesWe may collect information in the form of ‘cookies' about your visit to the Website. Cookies are non-personally identifiable information, and include information about the device you used to browse the Website (such as browser type, version and language, and operating system), information about the pages viewed while browsing the Website (pages visited, day and time of your visit, whether you used a search engine to find us, and referring website address), and some geographical information about what country and state you are in. This collected information is used solely for our internal purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at the Website.
If you wish, you can set your browser to reject cookies, or to notify you when you receive one in order to accept or reject such receipt in each instance.
TerminationWe may terminate this agreement by giving notice to you and stop/suspend our Service to you at any time, with or without cause. If your account is terminated, we may permanently delete your account and all the data associated with it from the Website. If you do not log in to your account for twelve (12) or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
You may at any time remove any and all accounts that you have added to the Website.
We are constantly changing and improving the Website. We may at any time add or remove functionalities or features, and we may suspend or stop a service altogether or add/create new limits to the Website at any time.
In the event that we (or its successor in interest) cease to operate in the normal course of business, the Website may be permanently unavailable.
