Terms of Service

Introduction

These Terms of Service, together with any documents or website links they expressly incorporate by reference (collectively, these “Terms” or this “Agreement”), govern your access to or use of the website at aby.one (the “Site”), and any other websites, media, features, content, software products, applications, events, contests, promotions, and services facilitated through the Site and their associated service platforms, including any improvements, developments, or modifications thereto (collectively, the “Services”). If you are under the age of 18, your use of Services shall be permitted with the consent of your parent or legal guardian and their acceptance of Terms set forth herein. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you. The Services are made available by Abyss AI Inc., a Delaware corporation (“Aby,” “we”, “us”, or the “Company”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY.

By accessing or using the Services, you represent and warrant, on behalf of yourself and any person for whom the Services are accessed, that (i) you have read and understood these Terms and (ii) confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. The Company may immediately withdraw, discontinue, amend, or terminate your use of any Services, or any portion or feature contained in the Services, at any time for any reason, at its sole discretion without prior notice.

PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Supplemental terms and conditions or documents applicable to the Services are hereby expressly incorporated herein by reference. Company may revise, modify, amend, and update these Terms from time to time in its sole discretion. All changes are effective upon posting and apply to all access to and use of the Services thereafter. Your continued access to or use of the Services after posting of revised terms confirms your consent to be bound by the Terms, as amended.

You may terminate your access to the Services by deleting your account. So long as you continue to access the Services these Terms are in effect. We may choose to stop offering the Services, or any particular portion of the Services, or modify or replace any aspect of the Services, at any time. We will use reasonable efforts to notify you of our termination of your access to the Services, where in our sole discretion, failure to do so would materially prejudice you. You agree that the Company will not be liable to you or any third party as a result of our termination of your right to use or otherwise access the Services.

Use of the Services

Description of Services

Aby is a web platform for artificial-intelligence (“AI”) filmmakers that allows users to create, edit, publish, and promote audiovisual content (including storyteller profiles) for other users to stream, view, rate, and comment on such content.

Users can also participate in competitions hosted on the Site. Rules and winnings from each contest are posted on a separate rules page associated with that contest.

The Aby platform services also include StoryStudio, a web application for the creation and editing of audiovisual content by prompting AI model(s) selected by the user.

The Services are made available solely for your personal, noncommercial use.

License to Access and Use of the Services

Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, personal, non-commercial, non-sublicensable, revocable, and non-transferable license to access and use the Services for their intended purposes. Any rights not expressly granted herein are reserved by Company, its affiliates, and its licensors.

You are solely responsible for obtaining the Internet or data network access necessary to use the Services and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or device or that use of the Services will be uninterrupted or free from delays or malfunctions.

User Accounts

To engage in the Services, you may be required to maintain an active account (“Account”). In order to create an Account and use the Services: (i) you must be at least 18 years of age or the minimum age required in you jurisdiction to consent to use the Services, (ii) you must have the requisite power and authority to enter into these Terms, (iii) you must not be prohibited from using any aspect of our Services under laws applicable to your access to the Services, and (iv) your Account must not have been previously disabled for violation of law or any of our policies or Terms. Users under the age of 18 are required to get parental or legal guardian’s consent prior to engaging in the Services.

Use of the Services may require you to submit certain personal information, such as your name, a username, email address, and other information. You agree to maintain accurate, complete, and up-to-date information in your Account at all times. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the Services. You are responsible for all activity that occurs in connection with your Account, and you agree to maintain the security and secrecy of your Account log-in information at all times. You may not authorize third parties to use your Account. Unless otherwise permitted by Company in writing, you may only possess one Account.

By creating an Account via the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of the foregoing requirements, you must not create an Account or access or use the Services. Company may suspend or delete your Account at Company's sole discretion and at any time and for any reason, without notice or liability to you.

Third-Party Payment Processor

We use third-party payment processors such as Stripe, Inc. (“Stripe”) for the Services (e.g., card acceptance, merchant settlement, and related services). By making a purchase through the Services, you agree to be bound by Stripe's Privacy Policy: https://www.stripe.com/privacy, and hereby consent and authorize the Company and Stripe to share any information and payment instructions you provide with one or more third party service provider(s) to the minimum extent required to complete your transactions.

Manipulation of Search Rankings

We strictly prohibit any attempts to manipulate search rankings on our Site. This includes, but is not limited to, creating multiple accounts, submitting false reviews, or engaging in any other activities intended to artificially inflate the rankings or visibility of specific prompts. If we determine, in our sole discretion, that you have engaged in any such activities, we reserve the right to suspend or terminate your account without prior notice and take any other appropriate actions, including legal action, to protect the integrity of our marketplace.

Electronic Communications, Transactions, and Signatures

By creating an account and using the Services, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Restrictions

In connection with your use of the Services, you agree not to:

• violate Applicable Law or rights of others, including by infringing, violating, diluting, or misappropriating the intellectual property rights of any third party or any rights of publicity or privacy of any person;
• represent that AI-generated content is authored solely by a human;
• store, send, post, or obtain defamatory, inflammatory, trade libelous, threatening, abusive, hateful, violent, harassing, obscene, pornographic, or indecent content or data;
• commit, promote, or encourage human trafficking, child pornography, sexual violence, bullying, or extreme gore;
• attempt to interfere with or disrupt the integrity, security, functionality, or proper working of the Services;
• attempt to discover, access, read, alter, destroy, or damage any programs, data, or other information stored on or in connection with the Services;
• engage in any activity that could disable, overburden, or impair the Services or network on which the Services are provided;
• engage in the performance of automated decision-making or mission critical applications or systems or develop weapons of mass destruction;
• intentionally mislead or deceive others related to the promotion of disinformation, distribution of spam, impersonating other individuals, or facilitating false online engagement; or
• engage in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

You acknowledge that your use of the Services is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate. Content that users submit or transmit to, through, or in connection with the Services (including any content that may have been created by users employed or contracted by Company) does not necessarily reflect the opinion of Company.

If you fail to comply with any of the foregoing restrictions, you may be denied access to or use of the Services.

Geographic Restrictions

Company operates in and provides Services from the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. You may not access the Services or create an Account if you reside in a nation that is under US sanction or embargo. You represent and warrant that you do not reside in such a nation.

Content & Intellectual Property

Company IP

You hereby acknowledge that the Services, including all content, logos, designs, trade dress, trademarks, slogans, features, functionality, information, inventions, algorithms, source code, computer software, methods, text, displays, images, video and audio made available through the Services, and the design, implementation, selection, and arrangement thereof (collectively “Company IP”), are owned by Company, its affiliates, or licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Accordingly, you agree not to: (i) reproduce, reformat, distribute, modify, create derivative works of, publicly display, publicly perform, promote, publish, download, store, license, sublicense, or transmit any Company IP except as allowed by law or as necessary to use the Services for their intended purposes in compliance with these Terms, (ii) attempt to decompile, reverse engineer, or read-out any Company IP, (iii) or delete or alter any copyright, trademark or other proprietary rights notices from any Company IP.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Company IP in breach of these Terms, your right to use the Services will cease immediately and you must return or destroy any copies you have made.

All other names, logos, designs, and slogans displayed on the Services are the trademarks of their respective owners.

Except for the limited license granted herein, neither these Terms nor your use of the Services convey or grant to you any right, title, or interest: (i) to any Company IP in or related to the Services or (ii) to use or reference in any manner Company's names, logos, product and service names, trademarks, or services marks or those of Company's licensors.

All rights not expressly granted are reserved by Company.

Your Content; Generated Content

As between you and the Company, any content you submit, upload, add, publish, or post or submit to the Services, other than Company IP, including any prompts or text you use for AI generation (such prompts and text, “Input,” and, collectively with such other content, “Your Content”) is owned by you. You represent and warrant that: (i) you either are the sole and exclusive owner of Your Content or you have all rights, licenses, consents and releases necessary to grant Company the license to use Your Content as set forth below; and (ii) neither Your Content, nor your submission, uploading, publishing or otherwise making available Your Content, nor Company's use of Your Content as permitted herein, will infringe, misappropriate, or violate any third party's intellectual property or proprietary rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

As between you and us, any content generated from your Input using the Services’ AI features (“Output”) is and will remain the exclusive property of the Company.

You hereby grant to Company a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, irrevocable, and worldwide right, license, and consent to host, use, distribute, modify, copy, publicly perform or display, translate, and create derivative works of Your Content to the extent hosted by the Services (and not separately from the Services) and enabled by the Services’ features. If you publish Your Content for other Aby users to stream and use, you also grant (a) each other user of the Service a worldwide, non-exclusive, irrevocable, royalty-free license to access and use Your Content through the Services, only as enabled by features of the Service (such as video playback, links, or embeds), and (b) the Company and its successors and assignees a worldwide, non-exclusive, irrevocable, royalty-free right and license to use, publish, transmit, publicly perform, and publicly display Your Content on the Aby platform (or any successor platform) and in promotion thereof. The foregoing right and license includes the right to publish Your Content, and portions thereof, alongside your public profile information, in all media now known or hereafter devised. For clarity, the foregoing license does not grant any rights or permissions for a user to make use of Your Content independently of the Services. You can end your license at any time by deleting Your Content or Account, however, any content shared with others, including us, or published to other platforms will continue to be available.

For avoidance of doubt, the forgoing rights include the right for Company to charge subscription and other fees to users of the platform for the viewing and streaming of Your Content and Output.

Company and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you. Company may use Your Content to provide, maintain, develop, and improve our Services including the large language models, comply with applicable law, enforce our Terms and policies, and keep our Services safe. Depending on your use of the Services, you understand that Your Content may be visible to others. If you choose to make any such information publicly available, you do so at your own risk and you agree that you are solely responsible for doing so. We may remove Your Content at any time and for any reason if we determine:

• You breached these Terms.
• We must do so to comply with the law.
• Your use of our Services could cause risk or harm to Company, other users, or anyone else.

Infringement Policy

Company respects the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright, trademark, or other proprietary right you own or control, please immediately notify us using the contact information provided at the end of these Terms (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

Company will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.

To be effective, the Notification must be in writing and contain the following information:

• Physical or electronic signature of a person authorized to act on behalf of the owner(s) of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work or other proprietary material claimed to have been infringed, or, if multiple works or materials are alleged to have been infringed, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the owner of such material, or its agent or the law;
• A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The DMCA requires that notifications of claimed copyright infringement be sent to:

IP INFRINGEMENT AGENT
CONTACT@GETABYSS.COM

THE DMCA AGENT SHOULD BE CONTACTED ONLY FOR THE PURPOSE OF NOTIFYING THE DMCA AGENT THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THE SITE.

ANY REQUEST, INQUIRY, OR COMMUNICATION SENT TO THE DMCA AGENT FOR ANY OTHER PURPOSE WILL NOT BE RESPONDED TO.

AI-Generated Content

When using AI features of the Services, you acknowledge that Output may be offensive, harmful, incorrect, incomplete, or inaccurate. Further, the nature of machine learning means that the Output may not be unique across users, and the Services may generate the same or similar Output for you and a third party.

When you use our Services, you understand and agree that:

• You must use AI tools responsibly and lawfully;
• You may not seek to use AI in a manner intended to infringe on a third party’s rights.
• Output does not represent Company’s views.

By using AI features, you grant us and AI model providers your consent to use Input and Output for purposes of model training and further improving the Services.

Unsolicited Materials & Feedback

If we choose to accept unsolicited material ideas for streaming content, we are not responsible for the similarity of any content or programming in any media to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to our Services, worldwide and in perpetuity without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving our Services. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

Information About You

All information Company or its service providers collect via the Services is subject to our Privacy Policy. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

Third-Party Websites and Content

You may be sent or linked to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Company, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Company. If you decide to leave the Services and access the Third-Party Websites or to use any Third-Party Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services. Any purchases you make through Third-Party Websites will be governed by the terms and conditions of the applicable website provider, and Company takes no responsibility whatsoever in relation to such purchases. You acknowledge that Company does not endorse the products or services offered on Third-Party Websites and you shall hold Company and its affiliates harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold Company and its affiliates harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Payments

Fees and Billing

You may be required to pay us fees to access or use our Services or certain features of our Services. You are responsible for paying any applicable fees listed for the Services unless otherwise communicated to you by Aby in writing.

If you purchase access to our Services or features of our Services, you must provide complete and accurate billing information (“Payment Method”). You agree that we may charge the Payment Method for any applicable fees listed on our Services and any applicable tax. If the fees for these Services or features are specified to be recurring or based on usage, you agree that we may charge these fees and applicable taxes to the Payment Method on a periodic basis.

If you purchase access to our Services through a distributor (e.g. an app store) (“App Distributor”), then you will make payment to the App Distributor, and the App Distributor’s terms in relation to payment methods, billing, and refunds will apply instead of these Terms.

Except as expressly provided in these Terms or where required by law, all payments are non-refundable. Please check your order carefully before confirming it, and see below for additional information about recurring charges for our subscriptions.

You are not entitled to compensation for use or commercialization of Your Content unless otherwise agreed by the Company in writing.

Additional Fees

We may increase fees for our Services. If we charge additional fees in connection with our Services, we will give you an opportunity to review and accept the additional fees before you are charged. Also, additional fees may apply for additional Services or features of the Services that we may make available. If you do not accept any such additional fees, we may discontinue your access to the Services or features.

You agree that we will not be held liable for any errors caused by third-party payment processors used to process fees paid by you to us.

Subscriptions

Certain Services may be made available on a subscription basis (a “Subscription”), first by creating an Account, and then following the subscription procedure on our Services. When you sign up for a Subscription, you agree to these Terms.

The content, features, and other services provided as part of your Subscription, and the duration of your Subscription, will be described in the order process. We may change the content, features, and other services from time to time, and we do not guarantee that any particular piece of content, feature, or other service will always be available through the Services, even if you purchase a Subscription.

If you sign up for a paid Subscription, we or the App Distributor will automatically charge your Payment Method on each agreed-upon periodic renewal date until you cancel. If your Subscription has a minimum term (the “Initial Term”), we will let you know during the order process. Your Subscription will last for the Initial Term and will automatically renew, and your Payment Method will be charged, at the end of the Initial Term for an additional term equal in duration to the Initial Term and will continue to renew and incur charges for additional terms equal in duration to the Initial Term (each such additional term, a “Renewal Term”) until you cancel.

If you subscribed via our website, you may cancel your Subscription for any reason by using a method we may provide to you through our products—for example, via your Account—or by notifying us. To avoid renewal and charges for the next Renewal Term, cancel your subscription at least 24 hours before the last day of the Initial Term or any Renewal Term. In the event of a cancellation, your fees will not be refunded, but your access to the Services will continue through the end of the Initial Term or any Renewal Term for which you previously paid fees.

Arbitration Clause and Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM, DISPUTE, OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SITE MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S (“AAA”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.

BY AGREEING TO THIS AGREEMENT, ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND THE COMPANY ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EITHER SIDE MAY HAVE AGAINST THE OTHER, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

The AAA Rules are available at www.adr.org/rules or by calling the AAA at 1-800-778-7879.

Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Company’s Services or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned. Unless you and Company agree otherwise, any arbitration hearings between you and Company will take place in New York County, New York.

If any portion of this arbitration clause is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this arbitration clause or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration clause; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

This arbitration agreement will survive the termination of your relationship with the Company.

Governing Law and Forum for Disputes

This Agreement shall be governed and construed in accordance with the laws of the State of New York, without regard to conflict of law provisions. You and Company consent to personal jurisdiction in New York courts. Any dispute with Company, or its officers, directors, employees, agents, or affiliates, arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Company may seek such relief in any court with jurisdiction over the parties.

Miscellaneous

Severability and Survival

If any portion of these Terms is determined to be null and void, that portion will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES, THIRD-PARTY SERVICES (INCLUDING AI MODELS), AND OUTPUT ARE PROVIDED ON AN “AS IS, WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION: THE AVAILABILITY, ACCURACY ANY CONTENT OR MATERIALS, INFORMATION, OR SERVICE, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND TIMELINESS OF THE INFORMATION, AND ALL SERVICES PROVIDED BY COMPANY IS BORNE EXCLUSIVELY BY YOU. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE SERVICES CONTENT. COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.

Limited Liability

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF THE SERVICES OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE COMPANY SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS EXPRESSLY STATED ABOVE, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ONE HUNDRED DOLLARS USD ($100 USD), AND (B) THE AMOUNTS ACTUALLY RECEIVED BY THE COMPANY FROM YOU IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, OR AGENTS HARMLESS FROM ANY CLAIMS, LOSSES, LIABILITY COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM (I) YOUR VIOLATION OF ANY THIRD PARTY’S RIGHTS, (II) YOUR USE OF COMPANY’S SERVICES, OR (III) YOUR BREACH OR VIOLATION OF THIS AGREEMENT.

No Joint Venture

No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms or use of the Services or Site.

Force Majeure

Neither party (you or the Company) shall be held liable for inadequate performance of this Agreement to the extent caused by a condition that was beyond the parties’ reasonable control (including but not limited to a natural disaster, pandemic, governmental action, riot, or an act of war or terrorism).

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

No Assignment

You may not assign these Terms without the Company's prior written approval. The Company may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of the Company's equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

Delay in Enforcing These Terms

Our failure to enforce a provision is not a waiver of our right to do so later.

No Third-Party Beneficiaries

None of the provisions of these Terms shall be construed as existing for the benefit of or as being enforceable by any party other than you and the Company. There shall be no third party beneficiaries of these Terms.

Contact Us

We appreciate your feedback, and you agree that we may use it without restriction or compensation to you. All feedback, comments, requests for technical support and other communications relating to the Services should be sent to: contact@getabyss.com.