Last Updated: September 21, 2021
The headings used in these Terms are for convenience of reference only and do not affect the meaning or construction of these Terms.
Changes to the Terms
We may periodically make changes to these Terms, in our sole discretion. When we do, we will update the “Last Updated” date above. It is your responsibility to review the most recent version of these Terms and remain informed of any changes. You agree that your continued use of the Site after the effective date of any changes will constitute your acceptance of the changed Terms for your continued use.
Access to the Site
We will not provide you with the equipment to access the Site. You are responsible for all fees charged by third parties to access the Site.
Changes to the Site
We reserve the right to modify or discontinue, all or part of the Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Subject to these Terms, PanopticAI grants you a limited, revocable license to access and use the Site solely to support your use of PanopticAI products. No other use of the Site is authorized.
Your use of any software you download from the Site is governed by the separate license terms accompanying or referenced in that software or download.
You must comply with all applicable laws when using the Site. Except as may be expressly permitted by applicable law or expressly permitted by us in writing, you will not, and will not permit anyone else to:
a) store, copy, modify, distribute, or resell any information or material available on the Site;
b) use any automated tool to use the Site or store, copy, modify, distribute, or resell any information or material available on the Site;
c) rent, lease, or sublicense your access to the Site;
d) use the Site or information or material available on the Site for any purpose except for your own personal use or support for PanopticAI products;
e) circumvent or disable any digital rights management, usage rules, or other security features of the Site;
f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Site;
g) use the Site in a manner that threatens the integrity, performance, or availability of the Site; or
h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site or information or material available on the Site.
We or our affiliates or licensors, or applicable third parties, retain all right, title, and interest in and to the Site, information and material available on the Site, and any trademarks, logos, or service marks displayed on the Site or in Site Content (“Marks”). The Site, information and material available on the Site, and Marks are protected by applicable intellectual property laws and international treaties. You are not permitted to use any Marks without the prior written consent of PanopticAI or such third party which may own the Mark.
Links and Third Party Content
Disclaimer of Warranties
YOUR USE OF THE SITE AND SITE CONTENT, INCLUDING YOUR SUBMISSION OF FEEDBACK, IS AT YOUR SOLE RISK. THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PANOPTICAI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR ITS CONTENTS, AND YOU RELY ON THE SITE AND ITS CONTENTS AT YOUR OWN RISK. ANY MATERIAL YOU RECEIVE THROUGH THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PANOPTICAI OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM OTHER JURISDICTIONS.
Limitation of Liability
PANOPTICAI WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PANOPTICAI HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE AND ITS CONTENTS. UNDER NO CIRCUMSTANCES WILL PANOPTICAI’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $50HKD. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE PANOPTICAI’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
You will indemnify and hold PanopticAI, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Site or its content, your violation of these Terms, or your violation of any rights of a third party through use of the Site or its content.
These Terms will be governed by and construed in accordance with the laws of the Hong Kong SAR without regard to principles of conflicts of law. You submit to the jurisdiction of the courts of or located in Hong Kong SAR, China with respect to any action or proceeding arising out of or in any way related to these Terms, and you hereby waive any venue or other objection which you may have to any such action or proceeding being brought in the courts of in Hong Kong SAR, China. No failure or delay by us in exercising any right under these Terms will constitute a waiver of that right. If any portion of these Terms is held invalid by a court of competent jurisdiction, then such portion will be deemed to be of no force or effect, and these Terms will be construed as if such portion had not been included.
If you have any questions or queries about this document, please do not hesitate to contact us through the “Contact Us” tab on the website.