Terms and Conditions

Last Updated: August 1, 2023

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Assiduity Platform ("the Platform", "the Service") operated by Assiduity, Inc. ("us", "we", or "our").

Acceptance of Terms
By accessing and using the Platform, you accept and agree to be bound by the terms and provisions of these Terms and Conditions. These Terms apply to all visitors, users and others who access or use the Service.

Modifications to the Terms
We reserve the right to modify these Terms at any time at our sole discretion. It is your responsibility to regularly review these Terms. Your continued use of the Service after any such modifications indicates your acceptance of the revised Terms.

Privacy Policy
Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Please review our Privacy Policy carefully.

Access to the Platform
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Platform for your personal, non-commercial use.

Intellectual Property Rights
The Platform and its original content, features and functionality are and will remain the exclusive property of Assiduity, Inc. and its licensors. The Platform is protected by copyright, trademark, and other laws of both the United States and foreign countries.

User Conduct
You agree not to use the Platform in any way that is unlawful, harms us, our service providers, our suppliers, your fellow users, or any other person, or breaches any of your agreements with us.

We may terminate or suspend access to our Platform immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

Limitation of Liability
In no event shall Assiduity, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Platform; (ii) any conduct or content of any third party on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

You agree to defend, indemnify, and hold harmless Assiduity, Inc., its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platform, or your violation of these Terms.

Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Dispute Resolution
Any dispute arising out of or relating to these Terms, or the breach thereof, shall be finally resolved by arbitration administered under the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

Entire Agreement
These Terms constitute the entire agreement between you and Assiduity, Inc. and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms).
By using our Platform, you confirm that you have read, understood and agree to these Terms and Conditions.

Assiduity, Inc.