Terms of Service

Last Updated Date: August 27, 2024

BY ACCEPTING THESE TERMS OF SERVICE, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, EXECUTING AN ORDER THAT REFERENCES THESE TERMS, OR BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, AND THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THESE TERMS OF SERVICE AND MAY NOT USE THE SERVICES.

1. Definitions

For the purposes of these Terms of Service:

• "Advertisement" means any promotional content, message, or announcement that aims to attract public interest or promote products, services, or events.
• "Ad Technology" refers to the tools and methods, such as pixels, cookies, and device identifiers, used to serve advertisements and gather data related to user interactions.
• "Affiliate" means any entity that controls, is controlled by, or is under common control with a party, where "control" implies ownership of at least fifty percent (50%) of the voting securities of such entity.
• "Agreement" refers collectively to these Terms of Service, our Privacy Policy, and any Order or written agreement, including any amendments thereto.
• "Customer," "you," and "your" refer to the entity purchasing and using the Services as described in an applicable Order.
• "Customer Data" means all information provided by or collected on behalf of the Customer, including but not limited to any data, content, and materials disclosed to GeoCapture.ai for the purpose of receiving the Services.
• "Order" means a written or electronic request for Services that has been accepted by GeoCapture.ai.
• "Services" refers to the services provided by GeoCapture.ai, including but not limited to software-as-a-service (SaaS), data analytics, and other related services as specified in an Order.
• "GeoCapture.ai," "we," "us," and "our" refer to GeoCapture.ai and its affiliates.
• "System" refers to the technology platform provided by GeoCapture.ai to facilitate the delivery of the Services.

2. Acceptance and Modification of Terms

Your use of the Services constitutes your acceptance of these Terms of Service. GeoCapture.ai may amend these Terms at any time by posting the revised version on our website or by providing notice through other means. Any modifications will become effective immediately upon posting. If you do not agree with any modifications, your sole remedy is to discontinue using the Services.

3. Orders and Use of Services

You may order Services by executing an Order. GeoCapture.ai reserves the right to accept or reject any Order in its sole discretion. Upon acceptance, the Order becomes part of this Agreement. You agree to pay all applicable fees as set forth in the Order and to comply with any additional terms provided in the Order.

4. Account Access and Security

If the Services require account registration, GeoCapture.ai will provide you with login credentials. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify GeoCapture.ai immediately of any unauthorized use of your account or any other security breach. GeoCapture.ai will not be liable for any loss or damage arising from your failure to comply with this security obligation.

5. Intellectual Property Rights

GeoCapture.ai and its licensors retain all rights, title, and interest in and to the System, Services, and any intellectual property related thereto. You are granted a non-exclusive, non-transferable, limited right to use the Services solely for your internal business purposes during the Term of this Agreement. You may not reverse engineer, decompile, or otherwise attempt to discover the source code for the System or Services. All rights not expressly granted to you are reserved by GeoCapture.ai.

6. Data Protection and Privacy

GeoCapture.ai and you each agree to comply with all applicable privacy and data protection laws. GeoCapture.ai will process any personal data in accordance with your lawful instructions and will not process personal data for its own purposes, except for anonymized or aggregated data. You are responsible for ensuring that your use of the Services complies with your privacy policies and applicable law. You agree to obtain all necessary consents from individuals whose data you submit to the Services.

7. Customer Responsibilities

You are responsible for all content, data, and materials provided to GeoCapture.ai for use in connection with the Services. You represent and warrant that all such content complies with applicable laws and does not infringe the intellectual property rights of any third party. You agree not to use the Services in connection with any unlawful activities, including but not limited to promoting illegal products or engaging in fraudulent practices. GeoCapture.ai may suspend or terminate your access to the Services if you violate this section.

8. Fees and Payment

You agree to pay all fees specified in the Order in accordance with the payment terms set forth therein. Fees are exclusive of any applicable taxes, which you agree to pay. GeoCapture.ai may charge interest on overdue amounts at the rate of 1.5% per month or the highest rate allowed by law, whichever is less. You are responsible for all reasonable expenses incurred by GeoCapture.ai in collecting overdue amounts, including attorneys' fees.

9. Warranties and Disclaimers

GeoCapture.ai provides the Services "as is" and disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. GeoCapture.ai does not warrant that the Services will be uninterrupted or error-free, or that any data provided through the Services will be accurate or reliable.

10. Limitation of Liability

To the fullest extent permitted by law, GeoCapture.ai shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement, including loss of profits, revenue, or data, even if GeoCapture.ai has been advised of the possibility of such damages. GeoCapture.ai's total liability under this Agreement shall not exceed the total fees paid by you in the six (6) months preceding the event giving rise to the claim.

11. Term and Termination

The term of this Agreement will be as specified in the Order. Either party may terminate this Agreement if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days of receiving written notice. Upon termination, your access to the Services will be disabled, and you will promptly pay any outstanding fees.

12. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the Term of this Agreement. This obligation shall survive the termination of this Agreement for a period of three (3) years.

13. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the State of Michigan, without regard to its conflict of law principles. Any disputes arising out of or relating to this Agreement shall be resolved in the state or federal courts located in Michigan, and both parties consent to the exclusive jurisdiction of such courts.

14. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to natural disasters, acts of war, terrorism, labor disputes, and governmental actions.

15. Miscellaneous

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to its subject matter. Any modifications to this Agreement must be in writing and signed by both parties. The waiver of any breach of this Agreement will not constitute a waiver of any subsequent breach. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Contact Us

If you have any questions about this Agreement, please contact us at:

Email: hello@geocapture.ai

This Terms of Service was last updated on August 27, 2024.