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SUPERSONIK

Terms of service

1. Access to and use of services offered by Supersonik‍

1.1. Accessing the Services

  1. These Terms of Use (hereinafter, the “Terms of Use” or “Terms”) regulate the access and use of the application programming interfaces, software, tools, data, documentation, or website offered by SUPERSONIK through its AI platform www.supersonik.ai (hereinafter, the “Services"). For the avoidance of doubt, Beta Services are not considered “Services” under these Terms.
  2. Our Services are aimed solely at B2B commercial level. If you are a consumer or intend to use the platform for non-commercial purposes, please do not attempt to register for the services or events or send any personal information about yourself to us.
  3. As used in this Terms of Use,
    1. ‍“Customer", “User”, “You” and “Your” refers to you, the person using Services and accepting the Terms or, if you are accepting these terms on behalf of an entity, also to the entity.
    2. ‍“SUPERSONIK”, "We," and "Us" means Supersonik, Inc. and its affiliates and/or subsidiaries.
    3. ‍“Platform”, refers to the SUPERSONIK platform that uses cutting-edge artificial intelligence technology, through which customers can access instant, personalized and interactive product demos, as well as any other services that may be available from time to time.
    4. "Customer Data" means, other than Aggregated Data (as defined below), all information, data, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer through the Services, including without limitation (a) all content, materials, information, text, data, designs, logos, images, photographs, sound recordings, compositions, videos and other works of authorship that Customer uploads to the Services and (b) the voiceover content generated by the Services for Customer based on the foregoing Customer materials.

1.2. Acceptance of Terms of Use and of Specific Conditions where Applicable

  1. Access to the Services requires acceptance of these Terms of Use by Users, and as a result We ask that Users read them carefully before using the Services. If You do not accept these Terms of Use, We ask that You abstain from using the Services.
  2. The access to some of the Services may be subject to specific conditions which SUPERSONIK may establish at any given moment. These conditions may complete, amend, or substitute the Terms of Use, as the case may be. Hereinafter, any such conditions, or any other specific conditions from other services offered by SUPERSONIK at any given moment, will be referred to as “Specific Conditions”.
  3. In addition, SUPERSONIK hereby informs Users that these Terms of Use and any Specific Conditions, where applicable, may be adapted or modified at any time without prior notification. As a result, the User will have to read and accept any new versions of the Terms of Use and, where applicable, the Specific Conditions.

1.3. Capacity

By accessing or using the Services, You:

  1. Acknowledge that You have read and understand this Terms.
  2. Declare that you are 18 years or more (or the age of legal majority in the country you reside).
  3. Represent and warrant that You have the right, power, and authority to enter into this Terms and, if entering into this Terms for an organization, that you have the legal authority to bind that organization.
  4. Commit to use the Services and the information contained therein properly, and to comply with any given applicable regulation.

1.4. Third parties

  1. Third-Party Services: SUPERSONIK services rely on, or are interoperable with, third-party products and services. These include data storage services, communication technologies, third-party large language model providers, and internet and mobile operators (hereinafter, “Third-Party Services”). While these Third-Party Services are beyond our control, their operation may still impact the use and reliability of our Services, and vice versa.
  2. ‍Third-Party Content: SUPERSONIK may provide information about, or links to, third-party products, services, activities or events. Alternatively, We may allow third parties to make their content and information available through the Services (hereinafter, “Third-Party Content”). Any dealings or correspondence you have with third parties, or any use or interaction you have with Third-Party Content, are solely between You and the third party.
  3. Your access to and use of such Third-Party Content or Third-Party Services may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Services). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Services.

2. Price and payment conditions of the services

  1. If the Services offered by SUPERSONIK are subject to the payment of a price, the User undertakes to pay SUPERSONIK said price (hereinafter, "Price") in full compliance with any payment conditions and other requirements established to that end.
  2. SUPERSONIK shall have no obligation to provide the Services if the User has not paid the full Price or does not comply with the Terms of Use or Particular Conditions of the Services.
  3. In the event that the User fails to comply with his obligations regarding the Price and the Terms of Use or Particular Conditions of the Services, SUPERSONIK reserves the right to suspend the Services or terminate the contractual relationship with the User.

3. Supersonik’s responsability

3.1. Operation of the Platform

SUPERSONIK does its best to keep the Platform in good working order, avoiding errors or repairing them when necessary, and keeping Platform content up to date. Nevertheless, SUPERSONIK does not guarantee the availability and continuity of access to the Platform, or the absence of errors in its content; neither does it guarantee that these will always be updated in a timely fashion. The User accepts this and shall undertake to exercise maximum diligence and prudence when accessing and browsing on the Platform, or when using the content, information and services available therein.

In addition, SUPERSONIK is not responsible for any damage to Users’ software or hardware as a result of their use of the Platform.

3.2. Amendments to the information on the Platform

SUPERSONIK reserves the right to amend, delete or update the information contained on the Platform, its configuration or presentation at any time and without need for prior warning. 

3.3. Platform content

Users are committed and undertake not to use the information available on the Platform in any way that may constitute a violation of regulations or that may be contrary to common decency or morality or to the image and good professional name of SUPERSONIK and its collaborators.

SUPERSONIK shall not be held responsible for the possible consequences that may result from any inappropriate use or negligence on the part of Users regarding such content.‍

3.4. Use of information on the Platform

Both access to the Platform and the use of any information contained therein are the sole responsibility of the User. As a result, SUPERSONIK is not responsible for any damages, whether direct or indirect, which may arise from access to, or use of the information contained on the Platform. 

In addition, SUPERSONIK is not responsible for any damage to Users’ software or hardware as a result of their use of the Platform. ‍

4. User responsability

  1. Use of the Service: the User is aware of and willingly accepts that it is exclusively responsible for the use it makes of the Services. As a result, it will be responsible for any damages of any nature that SUPERSONIK may suffer as a result of a failure to comply with any of the obligations which the User accepts as a result of these Terms of Use, Specific Conditions, the Privacy Policy or any legislation applicable to the use of the Services.
  2. ‍Acceptable Use Policy: the Services may not be used for unlawful, fraudulent, offensive, or obscene activity. The User will comply with all terms and conditions of this Terms, Special Conditions, Privacy Policy, applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be applicable from time to time.
  3. ‍Customer Data: the User grant to Supersonik a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as are necessary for Supersonik to provide the Services to you. Customer is responsible for ensuring that Customer Data does not violate any policy or terms referenced in or incorporated into this Agreement or any applicable law. To mitigate the abuse of the technology and creation of content that may violate the Ethics policies of Supersonik, we reserve the right to listen to the recording produced by the users.

5. Privacy policy

  1. In the course of the use of the Services, User may provide SUPERSONIK with information of a personal nature (hereinafter, “Personal Information”). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in the SUPERSONIK Privacy Policy, which will have to have accepted beforehand, will apply. 
  2. You acknowledge and agree that You are solely responsible for the accuracy and content of the Personal Information, and you agree to keep it up to date.‍

6. Confidenciality

  1. We treat the content submitted in accordance with this Terns (hereinafter, “User Information”) as confidential. We will only use User Information to provide the services, and we will not disclose it to anyone other than our personnel, service providers, or affiliates who need to access it and who are required to protect its confidentiality. Confidentiality obligations will however not apply to User Information:
  2. That is known to us prior to receipt from You, or is obtained from a source other than one having an obligation of confidentiality to you.
  3. That has become known (independent of disclosure by you) to Us from a source other than one having an obligation of confidentiality to you.
  4. That has become publicly known or otherwise ceases to be secret or confidential, except through a breach of this section by us, including if you designate User Information as “public” or post such Content in a public area of our Platform.
  5. You grant SUPERSONIK the right to identify Yourself or Your organization as SUPERSONIK's Customer on our site and SUPERSONIK's marketing collateral and to include You or Your organization's use of the Services in its case studies.‍

7. Intellectual property

  1. All works, trademarks, software and other content and creations displayed on the Platform or otherwise provided or made available by us through the Platform or the Services, are either owned by SUPERSONIK or have been licensed to Us by their respective owners. 
  2. Unless expressly granted by their corresponding rightsholders or by law, the User do not have any use or ownership rights upon the above-mentioned contents and creations other than for the use of the Platform and/or the Services under the terms and conditions described in these Terms of Use. 
  3. Therefore, except when authorized in accordance with this section or these Terms of Use, the User may not distribute, reproduce or copy, communicate to the public, transform or modify, adapt, translate, or otherwise use and exploit said works.‍

8. Licence of use of the platform

  1. SUPERSONIK grants the User a right or license for use, not to sell, for the use of the Services through the Platform, to which the terms included herein shall apply (hereinafter, the “Licence”). SUPERSONIK reserves any rights not expressly granted. 
  2. The Licence for the use of the Services through the Platform is a non-transferable licence for the use of this Platform on any compatible device the User possesses or controls, in accordance with what is permitted in the regulations established in these Terms of Use. 
  3. This Licence does not allow the User to use the Platform through other devices that the User does not possess or control, and Users will not be permitted to make the Platform available or distribute it on a network so that it can be used by multiple mobile devices at the same time. 
  4. The User may not rent, lease, borrow, sell, redistribute or sub-license the Services or the Platform. The User may not copy, disassemble, reverse engineer, decompile, attempt to identify the source code thereof, modify or create employment derived from the Platform, any of its upgrades, or any part of it (excepting where this restriction is limited by applicable laws or by any of the terms of the license of use of any of the open-source components included in the License). Any attempt to do so will constitute a violation of the rights of SUPERSONIK. Should the User fail to comply with these restrictions, it may result in legal action being taken against them, and the obligation to pay for damages. 
  5. The terms of the License also cover any updates carried out by SUPERSONIK that substitute and/or complement the Services, unless that update includes an individual license, in which case the terms of that license will apply. 
  6. The License will remain in force until it is terminated by the User or by SUPERSONIK. The rights granted under this License will be revoked without prior warning should the User fail to comply with any of the terms of the Terms of Use, Specific Conditions or the Privacy Policy. Upon termination of the license, the User will be obligated to cease using the Services and the Platform.

9. Aggregated data

  1. SUPERSONIK may process non-identifying usage data (such as volume of usage and performance metrics) to maintain and improve the Service or ensure compliance (hereinafter, the “Aggregated Data”). 
  2. Aggregated Data excludes the actual text or voice content that you submit. It is data that has been de-identified or aggregated so that it no longer identifies You or any other individual.

10. Feedback

  1. If You or any of your employees, contractors, or agents sends or transmits any communications or materials to Us through the Platform, email, mail, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (hereinafter, "Feedback"), we are free to use such Feedback. All Feedback is and will be treated as non-confidential. 
  2. You hereby assign to us on your behalf all right, title, and interest in, and we are free to use, without any attribution or compensation to You or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever.

11. Limited warranty and warranty disclaimer

  1. Limited Warranty. SUPERSONIK warrants that it provides Services using a commercially reasonable level of care and skill, and that the Services will conform in all material respects to the Service Levels when accessed and used by Customer in accordance with the Documentation. SUPERSONIK does not make any representations or guarantees regarding uptime or availability of the Services.
  2. EXCEPT AS SET FORTH IN SECTION 10.1 (LIMITED WARRANTY) THE SERVICES ARE PROVIDED "AS IS" AND SUPERSONIK SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. SUPERSONIK SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SUPERSONIK MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S OR ENTITY'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY'S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. TO THE MAXIMUM EXTENT ALLOWED BY THE APPLICABLE LAW, SUPERSONIK STRICTLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCTS.

12. Limitations of liability

  1. IN NO EVENT WILL SUPERSONIK BE LIABLE UNDER OR IN CONNECTION WITH THIS TERMS OR SPECIFIC CONDITIONS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER SUPERSONIK WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL SUPERSONIK'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS TERMS OR SPECIFIC CONDITIONS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO SUPERSONIK UNDER THIS TERMS OR SPECIFIC CONDITIONS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY APPLIES TO THE MAXIMUM EXTENT ALLOWED BY THE APPLICABLE LAW.

13. Indemnification

  1. Customer shall indemnify, hold harmless, and, at SUPERSONIK's option, defend SUPERSONIK and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees (hereinafter, “Losses") arising from or relating to any third-party claim, suit, action, or proceeding (hereinafter, “Third-Party Claim”) (i) that the Customer Data, or any use of the Customer Data in accordance with this Terms or Specific Conditions, infringes or misappropriates such third party's intellectual property rights; or (ii) based on Customer's negligence or wilful misconduct or use of the Services or Customer Data in violation of the applicable law or otherwise in a manner not authorized by this Terms or Specific Conditions; provided that Customer may not settle any Third-Party Claim against SUPERSONIK unless SUPERSONIK consents to such settlement, and further provided that SUPERSONIK will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defence thereof by counsel of its own choice.

14. Relationship

  1. You agree that no joint venture, partnership, employment or agency relationship exists between You and SUPERSONIK solely as a result of your use of the Services.

15. Severability

  1. If any Clause of the Terms of Use or Specific Conditions is deemed invalid or unenforceable, in whole or in part, such invalidity or unenforceability will only affect such provision or the part thereof that is deemed invalid or unenforceable, surviving in force the rest of the conditions, and considering the affected provision or the part affected by it as not included.

16. Compliance with laws and export regulations

  1. You agree to comply with all laws with respect to the use of the Services, and agrees not to export or re-export, directly or indirectly, the Services or any other information or materials provided by us to any country where such export is restricted or requires an export license or governmental approval, without first obtaining the necessary permissions. The Services may not be exported or re-exported to, or used by parties residing in any country under a U.S. embargo or designated by the U.S. Government as a "terrorist-supporting" country, or by any individual or entity listed on U.S. Government lists of prohibited or restricted parties, such as the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons or Entity List.

17. Governing law and jurisdiction

  1. This Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Delaware. 
  2. Except as otherwise set forth herein, any legal suit, action, or proceeding arising out of or related to this agreement or the rights granted hereunder will be instituted exclusively in the State Court located in Delaware, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

18. Miscellaneous

  1. You hereby consent to receiving electronic communications from us including notices about applicable fees and charges, transactional information, and other information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. 
  2. Any failure to act by us with respect to a breach of this Terms by You or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. This Terms are personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We expressly reserve the right to assign the Services and to delegate any of its obligations hereunder.
  3. Any notices, including information that our Services may infringe any intellectual property, copyright, must be sent to legal@supersonik.ai.
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