Terms & Conditions
Effective date: 06/09/2023
THE AGREEMENT: The use of the website and services provided by 100X Labs, Inc., a Delaware Corporation, (hereinafter referred to as the “Company”) are subject to the following Terms of Service (hereinafter the “Terms of Service” or “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”).
By registering, accessing or using any services developed, operated, maintained or hosted by 100X Labs, Inc., including all websites and IP addresses available at and configured for use at https://www.dany.ai or https://dash.dany.ai, you agree to be bound to the following terms and conditions (“Terms of Service.”) and you agree that it is enforceable as if it were a written negotiated agreement signed by 100X Labs, Inc. and you.
100X Labs, Inc., at its sole discretion, reserves the right to revise, update and change the Terms of Service from time to time without notice to you, and you agree to be bound by such modifications or revisions. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms of Service. You agree to use Dany.ai at your own risk.
BY CONTINUING TO USE THE SERVICE, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF SERVICE ACCOUNT TERMS:
- You must be 18 years or older to use Dany.ai.
- You are required to provide a valid email address, and any other information requested in order to complete the signup process and/or continue to use Dany.ai. 100X Labs, Inc.
- Reserves the right to terminate your use of the services upon the discovery that the Information you provided is not complete or accurate.
- You may not use Dany.ai for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright, spam, or trademark laws).
- You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the service. You may not violate any applicable law or regulation; post or transmit any materials that violate any applicable local law; use the service for any fraudulent or inappropriate purpose.
- You may not use any robot, spider, other automated devices, or manual process to monitor or copy any content from Dany.ai.
- You may not resell, duplicate or reproduce or exploit any part of the service without the express written consent of 100X Labs, Inc.
- 100X Labs, Inc. may modify, suspend or discontinue this service at any time, for any reason, at its sole discretion if the Client is in breach of terms.
- 100X Labs, Inc. reserves the right to refuse service to anyone for any reason at any time.
- 100X Labs, Inc. claims no ownership, responsibility, or intellectual property rights over any of the content or materials you provide to Dany.ai.
- If you cancel or terminate your Service, all of your content, data, information, text, files, documents, images may be immediately deleted from the Service.
- Third-party subscriptions may be required to run certain aspects of your campaign. These subscriptions are not included in our pricing and must be procured directly from the Third-party.
All accounts are billed on a recurring monthly basis for each individual user in advance of the month. Once the initial period paid for has come to an end, the account will automatically renew on the same charge date and for the same package, unless you modify your package or cancel your account before the charge has taken place, as in line with our “Cancellation and Termination” terms.
Your billing date is determined by the licensee and reflects the nominal calendar day in which you received your login credentials (username and password).
No refunds or credits will be granted for partially used or unused months of service.
100X Labs, Inc. reserves the right to terminate or suspend any account for non-payment of the subscription dues.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
CHANGES TO SERVICE FEES
100X Labs, Inc. reserves the right to change service fees with 14 days notice. Such notice may be provided at any time by posting the changes to the Dany.ai website https://www.dany.ai or through email. Existing account plans may not be automatically updated in accordance with these changes, but are eligible for a service charge, by request.
CANCELLATION AND TERMINATION
You are solely responsible for canceling your account by written notice to 100X Labs, Inc. at least 31 days in advance of cancellation and your recurring bill date.
Failure to provide 31 days’ written notice to [email protected] may result in additional charges under the same terms and duration as your existing agreement. As an example, your monthly or annual commitment will renew for another consecutive month or twelve-month term respectively when insufficient cancellation notice is provided.
Charges already processed by 100X Labs, Inc. without 31 days written notice as outlined above will not be refunded.
All of your content may be immediately deleted from the Service upon cancellation. Once your account is canceled, your Content may not be able to be recovered.
INTELLECTUAL PROPERTY RIGHTS
You agree that 100X Labs, Inc. owns all rights to the code, databases, visual-design, and layout of the service itself. 100X Labs, Inc. claims no intellectual property rights over the material you provide to the Service. You may not duplicate, copy, or reuse any portion of the content of Dany.ai’s service without the express written consent of 100X Labs, Inc.
REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
- Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
- Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to host, user or network.
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
Parties shall not use or disclose to anyone any confidential information regarding the other Party’s business operations. Such confidential information shall include all non-public information the Party acquired as a result of interaction with the other Party which might be of any value to a competitor of the Party, or which might cause any economic loss or substantial embarrassment to the Party or its customers, distributors or suppliers if used or disclosed. Examples of such confidential information include, without limitation, non-public information about the Party’s customers, suppliers, distributors, and potential acquisition targets; its business operations and structure; its services, formulas, and pricing; its processes, technologies, and inventions; its research and know-how; its financial data; and its plans and strategies.
WARRANTIES AND LIABILITY
100X Labs, Inc. does not warrant that:
- The service will meet your requirements or expectations.
- The service will be uninterrupted, timely, secure, bug or error-free at all times.
- The calculations performed by the service are accurate.
You expressly understand and agree that 100X Labs, Inc. shall not be liable for any direct, 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 100X Labs, Inc. has been advised of the possibility of such damages), resulting from your usage of the service.
Your use of the service is at your sole risk. You acknowledge, understand, and agree that 100X Labs, Inc. provides the service to you “As Is” and “As Available” without warranty or condition of any kind.
Technical support is only provided to paying account holders and is available as per the terms of your account. You understand that 100X Labs, Inc. uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run and manage the service.
You acknowledge, understand, and agree that 100X Labs, Inc. cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated, linked to or partnered with Dany.ai.
Verbal, physical, written or other abuse of any Dany.ai customer, employee, member, or officer will result in immediate account termination and legal action.
You agree to receive administrative and legal notices about the Service electronically via email or postal mail.
JURISDICTION, VENUE & CHOICE OF LAW
Through Your use of the Website or Services, You agree that the laws of the United States and the State of Delaware shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts located in Delaware. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Delaware. The arbitration shall be conducted by a single arbitrator and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by the applicable and governing law of Delaware. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims; tort claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by 100X Labs, Inc. will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
The failure of Dany.ai or 100X Labs, Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and 100X Labs, Inc. and govern your use of the Service, superseding any prior agreements between you and Dany.ai or 100X Labs, Inc. (including, but not limited to, any prior versions of the Terms of Service).
If you have any questions regarding these Terms of Service or if you wish to discuss the terms and conditions contained herein, please contact us.