Terms of Service
Last Updated on June 22, 2021
The Fulltrack website at www.fulltrack.ai (the “Site”) and the Fulltrack AI application (the “App”; and collectively with the Site, the “Services”) are owned and operated by Maiden AI, Inc. (“Maiden AI”, “we”, “our” or “us”). The Services include all features, activities, applications, and content, including without limitation any video, diagrams, visual recordings, titles, computer code, themes, objects, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, chat transcripts, profile information, recordings, server software, and other features, products and services available or accessible through the Site and the App.
These Terms of Service, or Terms, constitute a legal agreement between the user (“you”, “your”) and Maiden AI and they govern your use of the Services. These Terms are not between you and Apple Inc. or Google Inc., as applicable, despite your download of the App from the Apple Store or Google Play Store, as applicable. By downloading or installing the App, accessing the Services, creating an Account, using the Services, or, where the option exists, by clicking to accept or agree to these Terms of Service, you represent that you are eligible to use the Services in accordance with these Terms and you agree to be bound by these Terms of Service, as modified by us from time to time. If you are not eligible to use the Services or if you do not agree with the Terms of Service, you may not use the Services.
3. Use of the Services
3.1 Limited Access Right
3.2 Restrictions and Limitations
You acknowledge and agree that you will not, directly or indirectly:
Partake in any activity or action that is unlawful or that is against the spirit or intent of the Services;
Use the Services for or in connection with any commercial purpose;
Copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute any material obtained through the Services;
Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including without limitation access to or use of the Services;
Delete, alter, or obscure any intellectual property rights or other proprietary rights notices from copies of materials from the Services;
Attempt to harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, or Maiden AI;
Organize or participate in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preference, religion, heritage or nationality, disability or other health class, gender, age, or similar classes determined by Maiden AI;
Initiate, assist, or become involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks upon the Services, or other attempts to disrupt the Services or other person's use or enjoyment of the Services;
Use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Services, Accounts, or Maiden AI;
Use of access services to obtain, generate, harvest, infer, or manipulate any business information about Maiden AI, including without limitation information about sales or revenue, staff, technical stack, or statistics about users;
Promote, encourage, or participate in any activity involving cheating, hacking, phishing, distribution of counterfeit Services, or taking advantage of or creating exploits, cheats, bugs, errors, undocumented features, or other software designed to modify the Services, or user’s experiences, except for the sole purpose of privately and directly notifying Maiden AI;
Make available through the Services any material or information that infringes any intellectual property right, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation celebrities and Maiden AI employees, without the consent of such person or entity;
Attempt to gain unauthorized access to Services or Accounts not belonging to you;
Conspire or work with others to violate any of the foregoing restrictions; and
Use the Services where it is prohibited by law.
3.3 User Content
“User Content” means and includes any and all data that you upload, transmit, or create through the Services, including without limitation images, videos, precise and imprecise location data, forum posts, Account personas, profile information, software, sound, timestamps, metadata, and any other content contributed by you to the Services.
To the maximum extent permissible by law, Maiden AI assumes no responsibility or liability for your conduct in submitting to or transmitting through the Services any User Content and assumes no responsibility or liability for pre-screening or monitoring the Services for inappropriate or illegal User Content or conduct. You are solely responsible for any User Content that you post.
You hereby grant (and you represent and warrant that you have the right to grant) to Maiden AI, including their affiliates, an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in any manner compliant with applicable law. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
All User Content will be considered non-confidential, and Maiden AI may use or disclose such User Content without restriction, except as otherwise stated herein.
3.4 Third Party Content
Links in the Services may lead to third-party websites and/or services that are not owned or operated by Maiden AI. Maiden AI has no control of and makes no representation or warranty and takes no responsibility with respect to such third-party websites or services. A link or reference to a third-party website or service is not an endorsement of that website or service. Likewise, if our Service is linked or referenced in a third-party website or social media, we are not liable for any information provided on or through such website or social media. Any use you make of the information provided in the Services, or any website linked to by the Services, is at your own risk.
4.1 Account Creation; Collection of Information
4.2 Usernames and Passwords; Security
To create an Account, you may be asked to create a username and a password. Your username and password must comply with these Terms and must conform to the security and other requirements of the Site, App, and Services at all times. You are responsible for maintaining the confidentiality of your Account information including usernames, passwords, personal information, and billing information. You must notify us immediately of any unauthorized use, breach or theft or suspected use, breach or theft of your Account or your username, password or other Account information and promptly change your login credentials to prevent any further unauthorized use of your Account. We will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. You are responsible for the activities occurring under your Account, including all purchases, and you will be liable for any losses or damages incurred by you, us or another party due to someone else using your Account. Your Account is personal to you and you may not transfer or make available your Account to others or use anyone else’s account at any time. Any actual or attempted transfer of your Account to any other person may result in cancellation of your Account without refund.
4.3 Inactive Accounts; Deletion of Accounts
We may permanently delete Accounts that are deemed inactive. Accounts shall be deemed inactive when they have not been accessed or used for one hundred and eighty (180) days. You acknowledge that if your Account is deleted, then you may lose access to any information, including User Content, associated with that Account. If you wish to delete your Account, or you believe that your child under thirteen may have created an Account without parental consent, please alert us by sending notice to the following email: email@example.com.
4.4 Account Rights
Notwithstanding anything contrary in these Terms, you expressly acknowledge and agree that you have no right, title, or interest to or in any Account you create through our Services, and your Account is not your property. Your Account is owned by Maiden AI and your right to access your Account is limited as set forth in these Terms. We reserve the right to limit, suspend, modify or terminate your Account or your access to any or all of the Services at any time, with or without providing notice to you, if we believe you are in breach or violation of these Terms of Service or if we believe you are engaged in any illegal or improper use of the Services. In the event your Account or access to the Services is suspended or terminated due to breach of these Terms of Service or due to actual suspected fraud or abuse, we reserve the right to retain any funds in the Account pending the outcome of our investigation. If we determine that there was a breach of the Terms of Service, fraud or abuse we will retain the funds in the account and apply them against the costs of our investigation or apply them to other In-App Purchases. In the event your Account or access to the Services is terminated by you or us for any reason, we will refund the amounts in the Account per the procedures for withdrawal of funds described above.
6. Purchases; Refunds; Withdrawals; Taxes
6.1 Purchases, and Refunds. Certain enhanced features of the Services may be available for your purchase through Apple App Store or Android App store. The purchase(s) is/are referred to collectively as the “In-App Purchase(s)” and subject to the following terms:
When you make an In-App Purchase, payment will be charged to your iTunes account at confirmation of the purchase.
In-App Purchase may take the form of a subscription. Any unused portion of a free trial period (if offered) will be forfeited when you purchase a subscription (where applicable).
In-App Purchase may take the form of an auto-renewable subscription. These subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current subscription period. Your iTunes or Android account will be charged for renewal within 24-hours prior to the end of the current subscription period. You may manage the subscriptions and turn off auto-renewal by going to your iTunes account settings after purchase.
All In-App Purchases are handled by the Android and Apple stores, as applicable, and you agree that such purchases will be handled in accordance with the terms and conditions of Samsung or Apple (the “Payment Processor”), as applicable.
ALL PAYMENTS YOU MAKE IN CONNECTION WITH THE SERVICES ARE NONREFUNDABLE. It is Maiden AI's sole and complete discretion to offer for any reason at any time any refunds or credits to you in connection with your use of the Services.
You are responsible for reporting and payment of all applicable taxes incurred in connection with any transactions using the Services.
7. Modification to Services
We reserve the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
8. DISCLAIMER OF WARRANTIES
The Services are provided "AS IS" and "AS AVAILABLE" and to the maximum extent permitted by applicable law, including as to accuracy, speed, or other variable measurement. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND COURSE OF PERFORMANCE. Without limiting the foregoing, we do not warrant that the Services will operate uninterrupted or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. Your access and use of the Services is at your own risk.
9. DISCLAIMER OF CERTAIN TYPES OF DAMAGES
10. LIMITATION OF LIABILITY
10.2 The foregoing disclaimer of warranties, disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states/jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. To the extent that those laws apply to these Terms of Service, the exclusions and limitations set forth above may not apply to you.
You agree to defend, indemnify, and hold us harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys' fees) incurred by Us arising out of or from (a) your access and use of the Services, or (b) your violation of these Terms of Service.
12. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
12.1 Initial Dispute Resolution
If a dispute arises between you and Maiden AI, the party raising the dispute must notify the other party in writing, or in your case, you may notify Maiden AI through its customer service and support features in the Services. For a period of at least forty-five (45) days following such notification, the parties shall use good faith efforts to settle such dispute, which shall be a condition to either party initiating a lawsuit or arbitration.
12.2 Binding Arbitration
If the parties do not reach a resolution to a dispute after at least forty-five (45) days of good faith efforts with Maiden AI’s customer service, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms of Service (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. Any arbitration hereunder will be held exclusively in the state of Washington, United States.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to any claim that all or any part of these Terms of Service are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND MAIDEN AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes arising hereunder, as set forth above.
Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may bring an action in U.S. state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction
For any dispute not subject to arbitration, you and Maiden AI agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in the state of Washington, United States. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
13. General Provisions
13.2 Injunctive Relief. You acknowledge that any breach by you of any obligations under these Terms of Service may irreparably harm us and may not be adequately compensated by money damages such that we shall be entitled to seek injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.
13.3 Controlling Law. These Terms of Service and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of law provisions to the contrary.
13.4 Other Jurisdictions. We publish and deliver the Services from our locations in the United States. We make no representation that this application is appropriate or available in other locations. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
13.6 Term and Termination. These Terms of Service, as modified or amended by Maiden AI from time to time, shall be in effect and shall remain in effect at any time that you use the Services. Termination of any rights granted by Maiden AI under these Terms does not affect any other provisions of these Terms. You may terminate these Terms at any time by discontinuing your use of the Services. We may terminate these Terms, including your right to access the Service, at any time in our sole discretion. All terms contained herein, which by their nature are intended to survive the termination of these Terms of Services, shall so survive.
13.7 Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
13.8 Supplemental App Store Terms
If you are accessing the Service through the Android Store, you agree to the supplemental Samsung Play Terms of Service located at Terms of Service (samsung.com) or another URL as determined by Google. In the event of a conflict between these Terms and the Google Play Terms of Service, the Google Play Terms will govern. To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the Service, and Google will not be responsible for any product claims or claims of intellectual property infringement with respect to the Service. Google is a third-party beneficiary of these Terms.
If you are accessing the Service through the Apple Store, you agree to the supplemental Licensed Application End User License Agreement located at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/ or another URL as determined by Apple. In the event of a conflict between these Terms and the Licensed Application End User License Agreement, the Licensed Application End User License Agreement will govern. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Service, and Apple will not be responsible for any product claims or claims of intellectual property infringement with respect to the Service. Apple is a third-party beneficiary of these Terms.
13.9 Electronic Communications. The communications between you and Maiden AI use electronic means, whether you use the Services or send us emails, or whether Maiden AI posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Maiden AI in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Maiden AI provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
13.10 Copyright/Trademark Information. Copyright © 2021 Maiden AI Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third-party which may own the Marks.