Terms of Use
These Terms of Use ("Terms") govern your access to and use of BoardlyAI’s services for businesses, including associated software applications and websites (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. These Terms form a binding legal agreement between you and Boardly Inc., a Delaware corporation ("Boardly"). Please read them carefully, as they include a binding arbitration agreement and waiver of class actions.
1. Registration and Access
- Registration: You must provide accurate and complete information when creating an account. You are responsible for all activities conducted under your account and must not share your credentials with anyone. If you create an account on behalf of another entity, you represent and warrant that you have the authority to bind that entity to these Terms.
- Access Restrictions: We reserve the right to restrict or terminate your access to the Services if you violate these Terms or applicable laws.
2. Use of Services
- Permitted Use: You may access and use the Services in compliance with these Terms, applicable laws, and any provided guidelines or policies.
- Prohibited Activities: You must not:
- Engage in illegal, harmful, or abusive activities using the Services.
- Infringe upon the intellectual property or rights of others.
- Modify, sell, distribute, or reverse-engineer the Services, including underlying algorithms or systems, except as explicitly permitted by law.
- Circumvent security measures, extract data programmatically, or interfere with Service operations.
- Use outputs from the Services ("Output") to create competing models or misrepresent such Output as human-generated.
- Third-Party Services: The Services may include third-party software or integrations ("Third-Party Services"), subject to their own terms. Boardly disclaims liability for issues arising from Third-Party Services.
3. Content
- User Content: You are responsible for all content provided to the Services ("Input") and any resulting Output. By providing Input, you represent that you hold all necessary rights to do so.
- Ownership: You retain ownership of Input and Output, subject to applicable law. Boardly assigns any rights it may hold in Output to you. However, similarity of Output across users is possible due to the nature of AI systems.
- Our Use of Content: Boardly may use Input and Output to improve Services, comply with legal obligations, and enforce policies.
4. Payment Terms
- Billing: If you purchase paid Services, you agree to provide accurate payment information. Subscriptions will renew automatically unless canceled.
- Refunds: Payments are non-refundable, except where required by law.
- Price Changes: Boardly reserves the right to adjust pricing with at least 30 days’ notice before the changes take effect.
5. Termination
- Termination Rights: Boardly may suspend or terminate your account for violations of these Terms, inactivity exceeding one year (for unpaid accounts), or other reasons, with prior notice when feasible.
- Appeals: You may appeal suspensions or terminations by contacting Support.
- Discontinuation of Services: Boardly may discontinue the Services with advance notice and issue refunds for prepaid, unused Services.
6. Disclaimer of Warranties
The Services are provided "as is" without warranties of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You bear sole responsibility for evaluating the accuracy and suitability of Outputs.
7. Limitation of Liability
Boardly’s aggregate liability is limited to the greater of $100 or the amount paid by you for the Services in the 12 months preceding the claim. This limitation applies to the fullest extent permissible under applicable law.
8. Indemnification
If you are a business, you agree to indemnify Boardly against third-party claims arising from your use of the Services, except to the extent prohibited by law.
9. Dispute Resolution
- Arbitration: All disputes will be resolved through binding arbitration, except for certain claims such as intellectual property disputes or small claims.
- Class Action Waiver: You waive the right to participate in class actions. Disputes will be resolved individually.
10. General Terms
- Assignment: You may not assign your rights under these Terms. Boardly may assign its rights to affiliates or successors.
- Changes: Boardly may update these Terms with advance notice for material changes.
- Governing Law: These Terms are governed by California law. Claims will be heard in courts located in Los Angeles, California.