Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you (whether personally or on behalf of an entity) and Auxerta Inc. ("Auxerta", "we", "us", or "our") concerning your access to and use of the Auxerta data analytics platform and related services.
By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access our services.
Important: These Terms contain a binding arbitration clause and class action waiver that affect your legal rights. Please read them carefully.
Our Services
Auxerta provides an enterprise data analytics and intelligence platform that transforms complex data into actionable insights. Our services include:
- Data analysis and processing algorithms
- Predictive modeling and forecasting (including GakuGen)
- Healthcare analytics and longevity predictions
- Agricultural intelligence and optimization
- Business intelligence and market analysis
- Data annotation services (AuxertaAnnotate)
- Custom analytics solutions
Service Availability
We strive to provide continuous access to our services but do not guarantee uninterrupted availability. We reserve the right to modify, suspend, or discontinue any part of our services with reasonable notice.
Account Terms
Account Creation
To use certain features of our services, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information
- Keep your password secure and confidential
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access
Account Restrictions
You must be at least 18 years old and have the legal capacity to enter into contracts. If you're using our services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
Security Notice: You are responsible for maintaining the security of your account. We will never ask for your password via email or unsolicited communication.
Acceptable Use Policy
You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:
- Violate any applicable laws or regulations
- Infringe upon intellectual property rights
- Transmit malicious code or interfere with our services
- Attempt to gain unauthorized access to our systems
- Use our services to harm, threaten, or harass others
- Engage in any activity that disrupts our services
- Resell or redistribute our services without authorization
- Use automated systems to access our services without permission
Enforcement
We reserve the right to investigate violations of these Terms and may report illegal activities to law enforcement authorities. Violation of this policy may result in immediate termination of your account.
Content & Data Rights
Your Data
You retain all rights to the data you upload to our platform. By uploading data, you grant us a limited license to process, analyze, and store your data solely for the purpose of providing our services to you.
Our Analytics & Insights
The analytics, insights, and reports generated by our platform are the result of our proprietary algorithms and constitute our intellectual property. You receive a license to use these outputs for your internal business purposes.
Data Security & Privacy
We implement industry-standard security measures to protect your data. Our data handling practices are detailed in our Privacy Policy, which is incorporated into these Terms by reference.
Data Ownership: You own your data. We own our algorithms and the insights they generate. You get full usage rights to all outputs for your business needs.
Payment Terms
Subscription & Fees
Access to certain features requires a paid subscription. By subscribing, you agree to:
- Pay all applicable fees according to your chosen plan
- Provide accurate billing information
- Authorize automatic renewal unless canceled
- Accept price changes with 30 days notice
Billing & Renewal
Subscriptions automatically renew unless canceled before the renewal date. We'll charge the payment method on file at the beginning of each billing period. All fees are non-refundable except as required by law.
Free Trials
We may offer free trials for certain services. At the end of the trial period, you'll be automatically enrolled in a paid subscription unless you cancel before the trial ends.
Intellectual Property
Auxerta Property
Our services, including all content, features, and functionality, are owned by Auxerta and protected by international copyright, trademark, and other intellectual property laws. This includes:
- The Auxerta platform and user interface
- Our proprietary algorithms and models (including GakuGen)
- Documentation and training materials
- Trademarks, logos, and brand elements
- Any improvements or derivatives of our technology
License to Use
We grant you a limited, non-exclusive, non-transferable license to access and use our services for your internal business purposes. This license is subject to your compliance with these Terms.
Feedback
Any feedback, suggestions, or ideas you provide about our services become our property and may be used without compensation or attribution to you.
Limitation of Liability
Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUXERTA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.
Cap on Liability
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
Legal Notice: Some jurisdictions don't allow the exclusion of certain warranties or limitations of liability, so some of the above may not apply to you.
Termination
Termination by You
You may terminate your account at any time by contacting us at partner@auxerta.com. Upon termination, your right to use our services will immediately cease.
Termination by Us
We may terminate or suspend your account immediately, without prior notice, for:
- Breach of these Terms
- Violation of applicable laws
- Conduct harmful to other users or our business
- Extended period of inactivity
- Request by law enforcement or court order
Effect of Termination
Upon termination, you must cease all use of our services. We may delete your account and data after a reasonable retention period. Provisions that should survive termination will remain in effect.
General Provisions
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Wyoming, without regard to its conflict of law provisions.
Dispute Resolution
Any disputes arising from these Terms or our services shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization]. The arbitration shall be conducted in [Location].
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Auxerta regarding our services.
Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes via email or platform notification. Continued use of our services after changes constitutes acceptance.