Version: 1.02
Last updated: February 22, 2022
Please carefully read these Terms of Use (“Terms”, “Terms of Use”) before using the https://neuromarket.ai website operated by Eye Drive Inc. (“Platform”, “Website”), an AI marketplace where you can find and buy the AI products.
The terms “we”, “us”, “our” refer to Eye Drive Inc., a legal person registered under the laws of the State of Delaware with a registry code 4206726 (“Company”).
These Terms describe on what conditions you can use the Platform. You acknowledge that you have read and understood the Terms of Use, and agree to be bound of them.
If you do not agree with (or cannot comply with) the Terms, then you may not use the Platform. These Terms apply to all customers, visitors, users and others who wish to access or use the Platform.
You can contact us at:
EYE DRIVE INC.
Registered address: 251 Little Falls Drive, Wilmington, New Castle, Delaware 19808, USA
Contact email address: vl@neuromarket.ai
1. General Terms
- These Terms constitute a legally binding agreement between you and the Company.
- The laws of the State of Delaware shall apply to your use of the Platform.
- By using this Platform, you confirm that you meet the following requirements:
- you have a scope of civil capacity necessary to enter into these Terms;
- there are no restrictions for you in terms of being a consumer or a business user;
- you aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
- you aren’t listed on any U.S. Government list of prohibited or restricted parties.
- The Company can change, delete and addend these Terms at any time. All new or changed terms shall become valid at the moment they are published.
- The Company will notify you about substantial changes to the Terms. This can be made by posting a notification on the Platform or sending an email (if appropriate).
2. AI Products
2.1. On the Platform, you can find and buy the AI solutions based on the Deep Learning Models (“AI Products”) form the following categories, which include, but are not limited to:
2.1.1. Computer vision AI products:
- Body, face & gesture;
- Object detection;
- Image classification;
2.1.2. Datasets AI products.
2.2. The up-to-date list of AI Products shall be available on the Platform on a marketplace page.
2.3. The Company reserves the right to change the content and the price of any AI Product available on the marketplace at any time.
3. Registering an Account
3.1. In order to buy the AI Products, you must first open a personal account (“Account”) on the Website.
3.2. To open an Account, you have:
- to be capable of entering into a legally binding contract under your personal law (for natural persons); or
- to be a duly authorized representative of a legal entity and be explicitly authorized to create an Account on its behalf (for legal persons).
3.3. You can create an Account by providing your email address which will serve further as your login. After confirming your email address following the link sent to you by us, you will be able to set your Account password.
3.4. Please use true and accurate information about yourself when opening an Account.
3.5. You must not create an Account on behalf of another individual or entity, unless you are legally authorized to do so. You must not impersonate or misrepresent your identity or affiliations with other persons or entities.
3.6. You are solely responsible for keeping your Account secure. Sharing your login credentials with third parties is at your own risk.
3.7. You must notify the Company immediately upon becoming aware of any breach of security or unauthorized use of your Account.
3.8. The Company reserves its right to suspend your Account without providing notice or reason in case of any violation of these Terms or the applicable law.
3.9. You are solely responsible for the accuracy, validity, and correctness of all information you submit to the Company. Should there be any error, mistake, update, or change in information you have submitted prior, you are obliged to notify the Company immediately.
3.10. By creating an Account on our Platform, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.
4. Purchases
4.1. If you wish to purchase any AI Product made available through the Platform (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
4.2. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
4.3. We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties.
4.4. We reserve the right to refuse or cancel your order at any time for reasons, including, but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
4.5. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4.6. Except when required by law, paid Purchases are non-refundable.
5. Content
5.1. Our Platform allows you to post, link, store, share and otherwise make available certain information, text, reviews, or other material (“Content”). You are responsible for Content that you post on or through the Platform, including its legality, reliability, and appropriateness.
5.2. By posting Content on or through the Platform, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
5.3. You retain any and all of your rights to any Content you submit, post or display on or through the Platform and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Platform. However, by posting Content using the Platform you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Platform. 5.4. You agree that this license includes the right for us to make your Content available to other users of the Platform, who may also use your Content subject to these Terms.
5.5. Eye Drive Inc. has the right but not the obligation to monitor and edit all Content provided by users.
5.6. In addition, Content found on or through this Platform are the property of Eye Drive Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
6. Prohibited Uses
6.1. You may use the Platform only for lawful purposes and in accordance with Terms. You agree not to use the Platform:
- In any way that violates any applicable national or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm or offend Company or users of the Platform or expose them to liability.
6.2. Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Take any action that may damage or falsify Company rating.
- Otherwise attempt to interfere with the proper working of the Platform.
7. Intellectual Property
7.1. The Platform and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Eye Drive Inc. and its licensors.
7.2. The Platform is protected by copyright, trademark, and other laws of the United States and foreign countries.
7.3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Eye Drive Inc.
8. Links To Other Websites
8.1. Our Platform may contain links to third-party websites or services that are not owned or controlled by Eye Drive Inc.
8.2. Eye Drive Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
8.3. You acknowledge and agree that Eye Drive Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
8.4. We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.
9. Disclaimer Of Warranty
9.1. The AI Products are provided by Company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of the AI Products, or the information, content or materials included therein. You expressly agree that your use of the AI Products, their content, and any services or items obtained from us is at your sole risk.
9.2. Neither Company nor any person associated with Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the AI Products. Without limiting the foregoing, neither Company nor anyone associated with Company represents or warrants that the AI Products, their content will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the servers that makes them available are free of viruses or other harmful components or that the AI Products or items obtained through the services will otherwise meet your needs or expectations.
9.3. Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including, but not limited to, any warranties of merchantability, non-infringement, and fitness for particular purpose.
9.4. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
10. Liability
10.1. Violation of these Terms will result in liability under the applicable law, unless otherwise provided in the Terms.
10.2. To the extent permitted by the applicable law, the Company and its affiliates shall not be liable for:
- the accuracy, completeness of the Website, or its Content;
- the accuracy, completeness, or content of any websites linked to the Website (through hyperlinks, banner advertising, or otherwise);
- property damage of any nature, connected with the use of the Website;
- third-party conduct;
- any unauthorised access to or use of the Company’s servers and/or any Content, personal information or other information and data stored if such unauthorised access did not directly occur due to the Company’s actions or inactions;
- any interruption or cessation of access to the Website;
- any viruses, worms, bugs, Trojan horses, or the like, which may be transmitted to or from the Website or any third-party websites;
- any loss or damage of any kind incurred as a result of your use of the Website, whether or not the Company advised of the possibility of such damages;
- other risks associated with the use of online platforms and websites.
10.3. The Website and the AI Products provided on the “as-is” basis without any warranty or guarantee whatsoever.
10.4. To the extent permitted by the applicable law, you agree to defend, indemnify, and hold harmless the Company from and against all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including, but not limited to, attorney fees) arising from:
- your use of the Website and the AI Products;
- Content that you use, distribute or save;
- your violation of these Terms and the applicable law.
10.5. In case of any circumstances of insuperable force (i.e. events of extraordinary or insuperable nature) that have occurred and remain in effect beyond the party’s control and that a party could neither foresee nor prevent for objective reasons, if these circumstances prevent a party from proper fulfilment of its obligations hereunder, the term for the fulfilment of such obligations shall be extended for the period of the effect of such circumstances of insuperable force.
The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, epidemics and pandemics, failure of power supply or communication system, or other similar circumstances that prevent the parties from the proper fulfilment of their obligations under these Terms.
11. Termination
11.1. We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
11.2. If you wish to terminate your account, you may simply discontinue using the Platform.
11.3. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Governing Law
12.1. These Terms shall be governed and construed in accordance with the laws of the State of Delaware without regard to its conflict of law provisions.
12.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Platform and supersede and replace any prior agreements we might have had between us regarding the Platform.
13. Dispute Resolution
13.1. You and the Company shall attempt to resolve any disputes by negotiations.
13.2. Please use the following email address for dispute resolution purposes: vl@neuromarket.ai
13.3. In case we cannot resolve the dispute in 30 days from the day we start negotiations, it shall be resolved by the courts of the State of Delaware.
13.4. You also agree that regardless of any statute or law to the contrary, any claim or cause of action of yours arising from or related to the use of the Platform must be filed within 3 months after such claim or cause of action arose or be forever barred.
14. Changes To Platform
14.1. We reserve the right to withdraw or amend our Platform, and any service or material we provide via the Platform, in our sole discretion without notice.
14.2. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period.
14.3. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
15. Amendments To Terms
15.1. We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
15.2. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
15.3. By continuing to access or use our Platform after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform.
16. Contact Us
Should you have any questions, please contact us at support@neuromarket.ai or using contact information available on the Platform.