This Agreement is a legal contract between you ("User," "you," or "your") and Coriolis Technologies Pvt. Ltd., a company incorporated under the laws of India ("Coriolis," "we," "us," or "our") regarding your use of the EigenAlign software-as-a-service platform ("Service" or "EigenAlign").
Subject to your compliance with this Agreement, Coriolis grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license during the term of this Agreement to:
This license does not grant you any ownership rights in the Service or any right to access the Service's source code.
To use the Service, you must create an Account with accurate and complete information. You are responsible for:
The Service, including all software, algorithms, user interfaces, designs, text, graphics, images, videos, audio, trademarks, service marks, copyrights, patents, and other intellectual property rights, is and shall remain the exclusive property of Coriolis and its licensors. No rights are granted to you hereunder other than as expressly set forth in this Agreement.
You acknowledge that this Agreement does not convey any ownership interest in the Service to you, and that all rights not expressly granted are reserved by Coriolis.
Your Rights: You retain all ownership rights in your User Content. We do not claim ownership of any User Content you submit through the Service.
License to Coriolis: By submitting User Content, you grant Coriolis a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content solely for the purposes of:
Data Processing and Storage: We will process and store your User Content in accordance with our Privacy Policy. You represent and warrant that you have all necessary rights to submit your User Content and grant the licenses set forth herein.
AI Analysis Feature: The Service includes an AI Analysis feature that may utilize third-party artificial intelligence services (such as OpenAI's ChatGPT or similar services) to process your User Content for generating customized training materials, multiple-choice questions, and other educational content specifically for use within your organization or tenant environment.
Explicit Consent: By using the AI Analysis feature, you explicitly consent to your User Content being transmitted to and processed by these third-party AI services. You acknowledge and agree that:
Data Minimization: We will make commercially reasonable efforts to transmit only the minimum amount of User Content necessary for the AI Analysis feature to function effectively.
Your privacy is important to us. Our collection, use, and disclosure of your personal information and User Content is governed by our Privacy Policy, which is incorporated into this Agreement by reference. Except as explicitly stated in this Agreement (such as the AI Analysis feature), we will not share your data with third parties without your explicit consent.
You agree not to use the Service to:
If you provide us with any suggestions, enhancement requests, feedback, or other input regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully-paid license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback for any purpose without any compensation or attribution to you.
Availability: We will use commercially reasonable efforts to make the Service available 24/7. However, the Service may be temporarily unavailable due to maintenance, updates, technical difficulties, or circumstances beyond our reasonable control.
Modifications: We reserve the right to modify, update, or discontinue the Service (or any part thereof) at any time with or without notice. We will make reasonable efforts to notify you of material changes that may adversely affect your use of the Service.
Updates: Your continued use of the Service after any modification constitutes acceptance of such changes.
If you are using a paid version of the Service, payment terms will be as specified in your separate subscription agreement or as displayed during the purchase process. All fees are non-refundable unless otherwise specified in writing.
Term: This Agreement begins when you first access the Service and continues until terminated by either party.
Termination by You: You may terminate this Agreement at any time by discontinuing use of the Service and deleting your Account.
Termination by Us: We may terminate this Agreement immediately upon notice if you breach any provision of this Agreement or if we decide to discontinue the Service.
Effect of Termination: Upon termination, your right to use the Service will cease immediately. We may, but are not obligated to, delete your User Content after termination. Sections 4, 6, 9, 13, 14, 15, and 16 will survive termination.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CORIOLIS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that the Service will be uninterrupted, error-free, or completely secure. You acknowledge that your use of the Service is at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CORIOLIS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.
You agree to indemnify, defend, and hold harmless Coriolis and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from your use of the Service, your violation of this Agreement, or your infringement of any third-party rights.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
Jurisdiction: Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Pune, Maharashtra, India.
Dispute Resolution: Before filing any legal action, the parties agree to attempt to resolve disputes through good faith negotiations for a period of thirty (30) days.
Entire Agreement: This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Coriolis regarding the Service and supersedes all prior agreements and understandings.
Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.
No Waiver: Our failure to enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
Assignment: You may not assign this Agreement without our prior written consent. We may assign this Agreement without restriction.
Contact Information: For questions about this Agreement, please contact us at support@align.eigenmail.in or "Coriolis Technologies Pvt. Ltd., Pune, Maharashtra, India".
Coriolis Technologies Pvt. Ltd.
Email: support@align.eigenmail.in
Address: Coriolis Technologies Pvt. Ltd., Pune, Maharashtra, India
ACKNOWLEDGMENT: By using EigenAlign, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms and conditions. If you are entering into this Agreement on behalf of an organization, you represent and warrant that you have the authority to bind such organization to this Agreement.