Terms of Service

Last updated: January 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legal agreement between you ("User," "you," or "your") and NeuralContent ("Company," "we," "us," or "our"). By accessing, browsing, or using the NeuralContent website (neuralcontent.com) and all associated services, products, content, and functionality (collectively, the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. We recommend reviewing these Terms periodically to stay informed of any updates.

2. Use License

Subject to compliance with these Terms, NeuralContent grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes. This license does not include the right to:

  • Modify, copy, or create derivative works based on the Service or its content
  • Reverse engineer, decompile, or attempt to derive source code or algorithms
  • Remove, alter, or obscure any proprietary notices or labels
  • Use the Service for commercial purposes without explicit authorization
  • Access the Service through any automated means, including bots or scrapers
  • Rent, lease, lend, sell, or transfer rights to the Service
  • Use the Service in any manner that infringes upon third-party rights

3. User Accounts

To access certain features of the Service, you may be required to create a user account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain the confidentiality of your password and account credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account
  • Comply with all applicable laws and these Terms

NeuralContent reserves the right to refuse service, terminate accounts, and remove or edit content at our sole discretion, particularly for users who violate these Terms or engage in inappropriate conduct.

4. Acceptable Use Policy

You agree not to use the Service in any manner that:

  • Violates any applicable law, regulation, or third-party right
  • Is threatening, abusive, defamatory, obscene, or otherwise offensive
  • Infringes on intellectual property rights or privacy rights
  • Introduces viruses, malware, or other harmful code
  • Interferes with the operation or security of the Service
  • Harasses, bullies, or discriminates against individuals or groups
  • Spreads misinformation or misleading content with intent to deceive
  • Engages in spam, phishing, or other fraudulent activities
  • Attempts to gain unauthorized access to the Service or other systems
  • Violates the rights or dignity of any person or entity

Violations of this Acceptable Use Policy may result in immediate account termination and legal action.

5. Content and Intellectual Property

All content on the Service, including text, graphics, images, software, code, and other materials ("Content"), is the property of NeuralContent or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. The compilation, arrangement, and assembly of all content on the Service is the exclusive property of NeuralContent.

If you submit content to the Service ("User Content"), you grant NeuralContent a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, distribute, and display such content for purposes of providing and improving the Service. You represent and warrant that you own or have obtained all necessary rights to the User Content.

You may not reproduce, distribute, transmit, display, or perform any Content without prior written permission from NeuralContent or the respective copyright holder.

6. Service Modifications and Availability

NeuralContent reserves the right to modify, suspend, or discontinue the Service or any features thereof at any time, with or without notice. We may also impose limits on certain features or restrict your access to parts of the Service without liability.

While we strive to maintain continuous service availability, the Service is provided on an "AS IS" and "AS AVAILABLE" basis. NeuralContent does not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components.

We are not responsible for any temporary or permanent unavailability of the Service due to scheduled maintenance, system updates, or circumstances beyond our control.

7. Payment and Billing

For paid services, you agree to pay all fees and charges that you incur according to the pricing terms presented at the time of purchase. Payment terms are as follows:

  • Invoices are issued upon service commencement
  • Payment is due within 30 days of invoice date unless otherwise specified
  • Late payments may incur a 1.5% monthly interest charge
  • All fees are exclusive of applicable taxes, which will be added to invoices
  • Refunds are not available for partially used subscription periods

You authorize us to charge your payment method for all fees and charges. If payment fails, we may suspend your access to the Service until payment is received.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEURALCONTENT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NEURALCONTENT'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO NEURALCONTENT IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you. In such cases, our liability shall be limited to the maximum extent permitted by applicable law.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEURALCONTENT DISCLAIMS ALL WARRANTIES, INCLUDING:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties that the Service will meet your requirements
  • Warranties that the Service will be uninterrupted or error-free
  • Warranties regarding the accuracy or reliability of Service content
  • Warranties that any defects will be corrected

Your use of the Service is at your own risk. You assume all responsibility and risk for any damage to your computer or data resulting from your use of the Service.

10. Indemnification

You agree to indemnify, defend, and hold harmless NeuralContent and its officers, directors, employees, agents, and successors from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of third parties; or (d) any User Content you submit to the Service. This indemnification obligation applies regardless of whether NeuralContent had knowledge of or authorized the relevant activity.

11. Termination

Either party may terminate your account and access to the Service at any time, for any reason or no reason, with or without notice. Upon termination:

  • Your right to use the Service immediately ceases
  • Any outstanding payment obligations remain due
  • Provisions that by their nature should survive termination will continue to apply
  • We may delete your account data after a reasonable period

We may terminate accounts for violation of these Terms, illegal activity, or other conduct that we determine to be inappropriate in our sole discretion.

12. Governing Law and Jurisdiction

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. You agree that any legal action or proceeding arising out of or related to these Terms or the Service shall be exclusively brought in the federal or state courts located in San Francisco, California.

You hereby consent to the personal jurisdiction of such courts and waive any objection based on forum non conveniens or any similar doctrine.

13. Dispute Resolution

Before initiating any legal action, the parties agree to attempt to resolve disputes through good faith negotiation. If negotiation fails, either party may submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

The arbitration shall be conducted in San Francisco, California, and shall be conducted in English. Each party shall bear its own costs and a proportionate share of arbitrator fees. This arbitration provision shall not apply to claims seeking equitable relief or intellectual property protection.

14. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and NeuralContent regarding your use of the Service. These Terms supersede all prior or contemporaneous communications, understandings, and agreements, whether written or oral, relating to the subject matter.

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

15. Contact Information

If you have questions about these Terms of Service or wish to contact us regarding your rights and obligations, please reach out using the information below:

NeuralContent Legal Team
123 Innovation Drive
San Francisco, CA 94105
United States

Email: [email protected]
Phone: +1 (415) 555-0123