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Fynite TOS

Last Modified: March 20, 2024

All online services provided by Fynite.ai.- including this site (www.fynite.ai) and content or data which was downloaded from Fynite`s resources- are subject to the following Terms of Service. The terms may be updated on occasion, including updates to rules, guidelines, and policies regarding the agreement between Fynite Corp. and its users. By accessing Fynite`s services, you agree to comply with these terms.

Fynite.ai will hereby be referred to as Fynite, we, our, or us, the users as you or your, and www.fynite.ai as the Site.

PROHIBITED USE OR CONTENT

You are prohibited from using, encouraging, or instructing others to use our Site and Services for any illegal, harmful, restricted, or otherwise offensive purposes. This includes creating, storing, or distributing content that can be seen as such. The following are examples of prohibited content:

Using fynite.ai in any manner that breaches laws or regulations, such as engaging in cyberattacks, distributing pirated software or media, or facilitating identity theft

Generating or exploiting an individual or association`s privacy, false advertising, or attempting to access content that Fynite has banned.

Sharing any material that you lack the legal authority to transmit, whether due to law or because of contractual obligations like nondisclosure agreements. It also includes sharing content not authorized for posting, or doing so in a manner that unlawfully takes advantage of the intellectual property or proprietary rights of others.

Sharing or resharing content that is threatening, defamatory, or offensive towards other users or a Fynite associate; this also includes threats directed at Fynite, any other company, or individuals.

Sharing or reposting any content, file, link, or technology that could harm, disrupt, alter, intercept, or unlawfully take control of any system, program, or data. Additionally, any attempt to interfere with Fynite operations or another user`s account, such as deliberate attempts to overwhelm the system or efforts to bypass message blocking, is prohibited.

Sending unsolicited or illegal emails or posting duplicate content as well as distributing advertising, promotional materials, or other forms of solicitation. Offering or disseminating goods, services, schemes, or promotions.

Using Fynite services in a manner that is competitive towards Fynite businesses. This includes developing, producing, or creating products or services that are similar to or competitive with the services provided by Fynite.

Utilizing the Fynite services for the development or training of Artificial Intelligence (AI) or related technologies

Sharing or reposting any content that reveals the personal data of others. This applies to users, individuals, or Fynite Associates. Soliciting personal data from individuals under the age of 18 is also prohibited. As with any publicly accessible forum, it is advisable not to disclose personal data about yourself while usingFynite services to ensure your privacy and security.

Copying, modifying, or creating derivative works of any Fynite services

Translating or converting any portion of Fynite Services, including workflows, insights, or other information, into another programming language, or transferring any data or content to a different online site, product, or service

Extracting any underlying code, data, components, or other information of the models, algorithms, and systems used by Fynite.

Linking to external sites and applications which violate these Terms of Service

If you suspect a duplicitous, unlawful, or fraudulent act has been commited using on of our services, please notify us via the Contact Us section on the SIte.

AI SERVICES

Service-Specific and Third Party Terms

Up to date terms for AI services can be found in the product documentation of those servies. If services provided by Fynite connect to or implement third party services, you may be subject to that third party`s terms of service, usage policies, and privacy policies. Fynite is not responsible for the policies of third parties; you are accountable for complying with their terms, and any claims filed against your use of the third party service must be handled through your own correspondence

Produced Content

Content produced by AI services may not be unique to any individual user, as is the nature of AI Content. Therefore, claiming ownerwhip rights on AI Content may not be enforceable, and outputed data and materials may contain inaccuracies, biases, and AI hallucinations. To maintain accurate and appropriate results, human review is highly encouraged

Access to content or services may be revoked by Fynite at our own discretion, particularly if there is reason to believe our Terms have been violated

SECURITY VIOLATIONS

Using Fynite services to compromise the security or functionality of any network, computer, communications system, or application (System) is strictly prohibited. This includes unauthorized access of any System, such as attempting to investigate, examine, or assess the susceptibility of a System or circumvent any security or authentication protocols utilized by a System.

Interfering with the Site or Services, any of their functions, or another user`s experience, as well as employing the Site or Services for fraudulent or deceptive activities, are prohibited. Security violations include (but are not restricted to):

(1) Creating or altering any TCP/IP packet header or its components within any post, or utilizing the Site or Services to transmit modified, misleading, or fictitious source-identifying information

(2) Utilizing viruses, bots, worms, or any other harmful computer code, files, or programs that disrupt, damage, restrict the operation of, or enable unauthorized use of any system

(3) Disrupting the access of any user, host, or network to Fynite services

(4) Automated the use of a system, such as employing scripts to transmit media

(5) Disrupting, interfering with, or imposing an unreasonable burden on Fynite services or any associated networks

(6) Impersonating, attempting to impersonate, or falsely attributing content to another user, individual, or entity, and misrepresenting your affiliation with them, including through pretexting or any other form of social engineering

(7) granting access to your profile to another individual or group, including selling or transferring your profile

(8) Using or storing any personal data about another user without their explicit consent

(9) scraping or employing web data extraction methods on Fynite services, including workflows, produced content, and content or data posted by other users. This includes manual methods or the use of crawlers, bots, or any other automated mechanisms

We retain the right to probe any breach of these Terms or misuse of Fynite services. We may remove, disable your access to, or alter any content that breaches these Terms, third-party Terms, applicable laws, or regulations. We may also remove content which fails to adhere to any other agreement between you and Fynite.

We reserve the right to report any activity that we believe breaches any law or regulation to law enforcement, regulators, or relevant third parties. Our reporting may involve disclosing pertinent information about you and your usage of Fynite services, including network and systems data related to unlawful activities or suspected breaches of these Terms.

CONTENT AND FEEDBACK

User-generated content and moderation

Fynite makes no assertions regarding the accuracy, comprehensiveness, or veracity of any material or content submitted or discovered in any form of discussion board linked to Fynite services. Your circumstances may differ from that of the user offering a solution, and certain advice provided by users might be inaccurate. It is your sole responsibility to navigate the user-generated content available on Fynite services, and any decision to act on the information provided by other users.

We hold no responsibility for websites not managed by or under the jurisdiction of Fynite. You assume the risk when accessing website links posted on Fynite services. Fynite does not assure the confidentiality or privacy of any communication or information transmitted through the service or outside resources linked on the service.

Our moderators have the authority to edit, relocate, obstruct, or delete comments, content, signatures, data, or images that they deem inappropriate or in violation of the Terms. Additionally, we reserve the right to ban any user at our discretion, and we will notify you of any decision concerning your content or Account via private message within the Service or through email. Any inquiries or remarks regarding content moderation decisions can be directed to [email protected]

Feedback

Any feedback indicating helpful changes and improvements to Fynite may be used by Fynite to refine our products without the need to pay royalties to or credit those providing the feedback.

In order to provide Fynite products and services, offer support and recommendations, and enhance the efficacy of our services, Fynite collects data concerning your usage of Fynite services. This usage data encompasses details such as how and when you use these services, your user preferences, the nature and content of posts, workflows, and use cases you publish, your interaction with posted content, the specifics of any support tickets or queries you submit, and any data you upload or link to your profiles. This may include photos or avatars, social media accounts, username, title or role, and employer. If any individually identifying information is contained within the usage data, Fynite and its third-party service providers will handle such data in accordance with Fynite`s published Privacy Policy. You can access the most recent version of the Privacy Policy at https://www.fynite.ai/privacy-policy.

ELECTRONIC COMMUNICATIONS

All correspondance will be conducted by email or by updating Terms on the Site. You agree that all agreements, notices, disclosures and other communications that Fynite provides to you electronically satisfy any legal requirement that such communications be in writing.

FYNITE TRADEMARKS

Fynite.ai and other Fynite graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Fynite in the U.S. and/or other countries. These may not be used in any other sites, products, or services unless permitted by Fynite, and must not be used in any way that could potentially cause confusion among customers or in the marketplace, or in any manner that undermines Fynite. All other trademarks appearing on Fynite services that are not owned by Fynite are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fynite.

YOUR ACCOUNT

You are responsible for ensuring your account details are up to date, accurate, and complete. If Fynite has reason to believe these conditions are not met, your account may be subject to termination.

Each account is linked to an individual, and account details should not be shared with others

In the case that your account has been compromised, please reach out to us at [email protected]. It is your responsibility to notify Fynite of unauthorized use, and to ensure that sufficient steps have been taken to maintain the security of the account

As outlined in the Digital Millennium Copyright Act, a copyright claim must include:

Your physical or electronic signature, or that of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on a single site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or the subject of infringing activity and for which removal or disabled access is requested, together with information reasonably sufficient to permit Alteryx to locate the material;

Information reasonably sufficient to permit Alteryx to contact you or the complaining party, such as an address, telephone number, and, if available, an email address, at which you or the complaining party may be contacted;

A statement that you or the complaining party has a good faith belief that use of the material in the manner described in the notification is not authorized by you or the copyright owner, its agent, or the law; and

A statement that the information provided in the notification is accurate and, under penalty of

perjury, that you or the complaining party is authorized to act as or on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe your copyrighted work has been infringed upon and meets the requirements given above, please send an email to [email protected] to address the issue

INTELLECTUAL PROPERTY

Unless otherwise indicated in these terms, the rights of all IP made possible through our services belong to Fynite and third party service providers.

Regarding any particular combination of tools you employ and share using Fynite services, you consent and provide Fynite and any Fynite user with a perpetual, irrevocable, worldwide, non-exclusive, non-transferable, royalty-free license (with the right to sublicense) to replicate, distribute, publicly display (e.g., post elsewhere), reproduce, and generate derivative works of, whether electronicallyor in print form, for any purpose, including commercial purposes.

In relation to any combination of tools you share within a private group or workspace, you grant Fynite a worldwide, perpetual, irrevocable, non-exclusive, non-transferable, royalty-free license to sublicense to any user whom you have granted access to said private group or workspace. This grants them the right to use, modify, or view, including the use of your data to generate formulas or results.

By publishing, uploading, submitting, storing, sending, sharing, or receiving content through Fynite services, you grant Fynite (as well as our partners and third-party service providers) a global license to utilize, host, store, reproduce, modify, create derivative works (including translations, adaptations, or other alterations made to enhance the compatibility of your content with the Services), communicate, publish, publicly perform, publicly display, and distribute such content. This license remains valid even if you stop using Fynite Services.

You affirm that the content you provide made accessible on Fynite services will not infringe upon the rights of others. You, rather than Fynite, bear sole responsibility for any infringement of intellectual property rights in the content, including produced content, that you upload or share using Fynite services.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOUR ENTIRE USE OF FYNITE SERVICES IS AT YOUR OWN RISK. THE SITE, SERVICES, AND ANY DATA, INFORMATION, CONTENT, MATERIALS, PRODUCTS, WORKFLOWS, INSIGHTS, AND OUTPUT CONTENT INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH FYNITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FYNITE DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, ABSENCE OF NEGLIGENCE, AND ABSENCE OF VIRUSES. FURTHERMORE, FYNITE MAKES NO WARRANTY THAT THE SITES, SERVICES, OR SITE MATERIALS WILL INTEGRATE PROPERLY WITH YOUR CURRENT SYSTEMS, DATA, OR WORKFLOW, OR PRODUCE ANY RESULTS.

FYNITE AND ITS AFFILIATES, ALONG WITH EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, RELIANCE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SITES, SERVICES, TERMS, OR SITE MATERIALS. THIS INCLUDES DAMAGES ARISING FROM ANY SITE MATERIALS OR CONTENT PUBLISHED BY ANY PARTY ON THE SITE OR SERVICES, OR DAMAGES RESULTING FROM LOSS OF PROFITS, GOODWILL, USE, OR DATA, EVEN IF FYNITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FYNITE DOES NOT WARRANT THAT THE SITE, SERVICES, SITE MATERIALS, FYNITE’S SERVERS, OR EMAIL SENT FROM FYNITE ARE FREE OF VIRUSES OR OTHER HARMFUL CODE.

IN CERTAIN JURISDICTIONS, LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES MAY NOT BE PERMITTED. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL LEGAL RIGHTS.

INDEMNIFICATION

You are obligated to indemnify, defend, and safeguard Fynite and its affiliates, along with each of their respective officers, directors, employees, attorneys, suppliers, licensors, and agents, against any and all claims, expenses, damages, losses, liabilities, and costs (including attorneys`` fees and expenses) arising from or connected to: (i) your use of Fynite Services, including the AI Services, in breach of the Terms or any Third-Party Terms or contrary to applicable law; (ii) your access to or use of any materials or content on Fynite services; or (iii) your infringement or alleged infringement of any third-party intellectual property or privacy rights.

APPLICABLE LAW AND JURISDICTION

You consent to the laws of the state of Illinois, without regard to principles of conflict of laws, governing these Terms and any dispute that may arise between you and Fynite. You agree to the exclusive jurisdiction of the federal and state courts of Illinois, situated in Cook County, for resolving any disputes related to the Terms.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Your ability to use Fynite services is guided by the Terms, along with all policies and guidelines available on the Site and within the Services, as well as any applicable product documentation. We reserve the right to enact alterations to the Site, Services, published policies and guidelines, and the Terms as deemed necessary and at any time. Should any provision within the Terms be deemed invalid, void, or unenforceable for any reason, such provision shall be regarded as severable, without affecting the validity and enforceability of the remaining provisions.