1Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and Immensity Partners I, Inc. ("Immensity," "we," "us," or "our") governing your access to and use of our platform, websites, applications, and related services (collectively, the "Services").
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization.
2Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Services. By using the Services, you represent and warrant that you meet these requirements.
3Accounts and Registration
- Account Creation: You must provide accurate, current, and complete information when creating an account and keep it updated.
- Account Security: You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.
- Notification: You agree to notify us immediately of any unauthorized access or use of your account.
4License and Acceptable Use
4.1License Grant
Subject to these Terms, Immensity grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.
4.2Acceptable Use
You agree not to:
- Use the Services in violation of any applicable law or regulation;
- Access, tamper with, or use non-public areas of the Services or our systems;
- Probe, scan, or test the vulnerability of any system or breach security or authentication measures;
- Reverse engineer, decompile, or disassemble any portion of the Services, except to the extent permitted by law;
- Interfere with or disrupt the integrity or performance of the Services;
- Upload or transmit malicious code, viruses, or harmful content;
- Use the Services to infringe the intellectual property or privacy rights of others;
- Resell, sublicense, or commercially exploit the Services without authorization; or
- Use automated means to access the Services in a manner that exceeds reasonable use or burdens our infrastructure.
5Customer Content and Data
5.1Ownership
You retain all rights to the data, content, and materials you submit to or generate through the Services ("Customer Content"). These Terms do not grant us ownership of your Customer Content.
5.2License to Us
You grant Immensity a worldwide, non-exclusive license to host, store, process, transmit, and display Customer Content solely as necessary to provide and improve the Services and as permitted by our Privacy Policy.
5.3Responsibility
You are solely responsible for your Customer Content and represent that you have all necessary rights to submit it and that it does not violate any law or third-party right.
6Fees and Payment
If your use of the Services requires payment, you agree to pay all applicable fees as described at the time of purchase or in your order. Unless otherwise stated, fees are non-refundable, are exclusive of taxes, and are due in advance. We may change our fees upon reasonable notice. Late payments may result in suspension of the Services.
7Intellectual Property
The Services, including all software, technology, text, graphics, logos, and other materials (excluding Customer Content), are owned by or licensed to Immensity and are protected by intellectual property laws. Except for the limited license granted to you, no rights are transferred. All feedback you provide may be used by us without restriction or compensation.
8Third-Party Services
The Services may integrate with or link to third-party products and services. We are not responsible for third-party services, and your use of them is governed by their respective terms and policies. We do not endorse and are not liable for any third-party content or services.
9Financial Information Disclaimer
The Services may provide tools, data, analytics, or features relating to financial information. Such content is provided for informational purposes only and does not constitute financial, investment, legal, tax, or accounting advice. You are solely responsible for any decisions made based on your use of the Services, and you should consult qualified professionals before acting.
10Confidentiality
Each party may have access to the other's confidential information. The receiving party agrees to protect such information with reasonable care and to use it only as necessary to perform under these Terms, except where disclosure is required by law.
11Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA WILL BE ACCURATE OR RELIABLE.
12Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IMMENSITY CAPITAL OR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
13Indemnification
You agree to indemnify, defend, and hold harmless Immensity and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your Customer Content, your use of the Services, or your violation of these Terms or any law or third-party right.
14Term and Termination
These Terms remain in effect while you use the Services. You may stop using the Services at any time. We may suspend or terminate your access at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your right to use the Services ceases, and provisions that by their nature should survive (including Sections 5, 7, 10–13, and 15) will survive.
15Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, unless otherwise required by applicable law. You and Immensity each waive any right to a jury trial.
16Changes to These Terms
We may modify these Terms from time to time. When we make material changes, we will update the "Last Updated" date and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
17General Provisions
- Entire Agreement: These Terms, together with the Privacy Policy and any order forms, constitute the entire agreement between you and Immensity.
- Severability: If any provision is held unenforceable, the remaining provisions will remain in full force and effect.
- Waiver: Our failure to enforce any provision is not a waiver of our right to do so later.
- Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms freely.
- Force Majeure: We are not liable for any delay or failure resulting from causes beyond our reasonable control.
18Contact Us
If you have questions about these Terms, please contact: