Last updated April 6, 2023
1. AGREEMENT TO TERMS
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”) and Synthetic Intelligence Group, Incorporated, doing business as TopLine.io (“TopLine.io”, “we”, “us”, or “our”), concerning your access to and use of the https://atomic-temporary-204079097.wpcomstaging.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Service” “Services”). You accept these Terms by creating an account either directly or via login with a Microsoft/Google login, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We are registered in Delaware, United States and have our registered office at 7829 Center Blvd SE, STE 277, Snoqualmie, WA 98065.
You can contact us by email at hello@topline.io, or by post at the registered office address above.
Supplemental terms and conditions or documents that may be posted within the Services from time to time are hereby expressly incorporated herein by reference We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Services so that you understand which Terms apply You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Services after the date such revised Terms of Use are posted.
The information provided by the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Statement at https://atomic-temporary-204079097.wpcomstaging.com/privacy as it describes the types of data we collect from you and your devices (“Data”), how we use your Data, and the legal basis we have to process your Data. The Privacy Statement also describes how TopLine uses your content, which is your communications with others; postings submitted by you to TopLine via the Services; and the files, photos, documents, audio, digital works, livestreams, and videos that you upload, store, broadcast or share through the Services (“Your Content”). Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to TopLine’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Statement. By using the Services, you agree to be bound by our Privacy Statement, which is incorporated into these Terms of Use.
Please be advised the Services is hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
3. YOUR CONTENT
Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.
a. When you share Your Content with other people that are in your assigned Company, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share, and display Your Content for the purpose that you made Your Content available on the Service without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. TopLine cannot be held responsible for Your Content or the material others upload, store or share using the Services.
b. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve TopLine products and services, you grant to TopLine a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools.
c. We do not use what you say in email, status updates, follow-ups, deliverables, meeting notes, recordings or attached files to target advertising to you.
The Service provides you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials on the Service, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material. Your Content is only viewable by other users of the Service that are in your assigned Company and Team. As such, Your Content that is transmitted via the Service may be treated as company confidential and proprietary within your Company. When you create or make available Your Content, you thereby represent and warrant that:
a. The creation, distribution, transmission, display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party
b. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Terms of Use
c. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms of Use Your Contributions are not false, inaccurate, or misleading
d. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us)
e. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone
f. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people
g. Your Contributions do not violate any applicable law, regulation, or rule
h. Your Contributions do not violate the privacy or publicity rights of any third party
i. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors
j. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap
k. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination, or suspension of your rights to use the Services.
4. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data
5. CODE OF CONDUCT
By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
a. Don’t do anything illegal.
b. Don’t engage in any activity that exploits, harms, or threatens to harm children.
c. Don’t send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, Social Security numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit.
d. Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
e. Don’t engage in activity that is fraudulent, false, or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
f. Don’t circumvent any restrictions on access to or availability of the Services.
g. Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
h. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).
i. Don’t engage in activity that violates the privacy of others.
j. Don’t help others break these rules.
Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your account. We may also block delivery of a communication (like email) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, TopLine reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Service and make no attempt to do so.
6. OUR SERVICES
We provide you Services that you access remotely via the cloud, that you can use for (a) status collection and curation (“Status”); and (b) the integration of data from other systems that you own that are programmatically entered into the Software via Application Programming Interface. (collectively “Connectors”).
The Service is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA) Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Service. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Services are intended for users who are at least 18 years old Persons under the age of 18 are not permitted to use or register for the Services.
7. TOPLINE OBLIGATIONS
We strive to keep the Service available 24/7/365 but may suspend access for maintenance or to protect it from attacks or other threats. We protect the Service with robust physical, network, and data security measures. You have access to email support.
a. Availability. TopLine will use commercially reasonable efforts to make the Service available at all times, except for scheduled downtime and any unavailability caused by events beyond our reasonable control, such as fires, natural disasters, government actions, civil unrest, Internet service provider failures or delays, Other service provider failures, or denial of service attacks that would not be stopped by the use of standard security measures. TopLine is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve your Content or Data that you’ve stored.
b. Security. TopLine will employ industry-standard technical, logical, and physical security measures and practices for the Service on which Your Content (as defined in Section 3) is stored or processed designed to preserve the security and integrity of, and prevent unauthorized access to, the Service and Your Content.
c. Support. TopLine will provide all Updates to the Service as and when they become available. Online documentation and interactive training materials are available at all times from the Help menu within TopLine.io. In addition, you (with a current subscription) have access to email support at hello@topline.io. Support personnel respond to all emails during normal business hours (Weekdays from 9AM-6PM PST).
8. USING THE SERVICES
You will need a TopLine account to access the Service to use its functionality. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You have the option to create a direct email-based account or to create one via Microsoft login and Google login.
If your Services are canceled (whether by you or us), first your right to access the Services stops immediately and your license to the software related to the Services ends. Second, we’ll delete Data, or your Content associated with your Service or will otherwise disassociate it from you and your TopLine account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result, you may no longer be able to access any of the Services (or your Content that you’ve stored on those Services). You should have a regular backup plan. Third, you may lose access to products you’ve acquired. If you have canceled your TopLine account and have no other account able to access the Services, your Services may be canceled immediately.
9. USING THIRD-PARTY APPS AND SERVICES
The Services may allow you to access or acquire products, services, websites, links, content, material, games, skills, integrations, bots or applications from independent third parties (companies or people who aren’t TopLine) (“Third-Party Apps and Services”). Many of our Services also help you find, make requests to, or interact with Third-Party Apps and Services or allow you to share Your Content or Data, and you understand that by using our Services you are directing them to make Third-Party Apps and Services available to you. The Third-Party Apps and Services may allow you to store Your Content or Data with the publisher, provider or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept their terms before you can install or use the Third-Party App or Service. You should review the third-party terms and privacy policies before acquiring, using, requesting, or linking your TopLine Account to any Third-Party Apps and Services. Any third-party terms do not modify any of these Terms. You are responsible for your dealings with third parties. TopLine does not license any intellectual property to you as part of any Third-Party Apps and Services and is not responsible or liable to you or others for information or services provided by any Third-Party Apps and Services.
10. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to
a. monitor the Services for violations of these Terms of Use,
b. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities,
c. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof,
d. in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
e. otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services
11. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, we retain all right, title, and interest in and to the Software and the Website, including without limitation all graphics, user interfaces, databases, functionality, software, website designs, audio, video, text, photographs, graphics, logos, and trademarks or service marks reproduced through the System. These Terms of Use do not grant you any intellectual property license or rights in or to the Software and the Website or any of its components, except to the limited extent that these Terms of Use specifically sets forth your license rights to it. You recognize that the Software and the Website and their components are protected by copyright and other laws.
Conditioned upon your compliance with these Terms of Use and, if applicable, your payment of the Subscription Fees, we grant you the rights to reproduce, modify, and publicly display the Status and use the Connectors (all together “Your Content”) on your internal websites. We reserve all rights not expressly granted to you in and to the Services, the Content, and the Marks.
Providing “Feedback” (suggestions, comments, feedback, ideas, or know-how, in any form) to TopLine.io about its services is voluntary. TopLine.io is under no obligation to post or use any Feedback. By providing Feedback to TopLine.io, you (and anyone providing Feedback through you) irrevocably and perpetually grant to TopLine.io and its Affiliates, under all of its (and their) owned or controlled intellectual property rights, a worldwide, non-exclusive, fully paid-up, royalty-free, transferable, sub-licensable right and license to make, use, reproduce, prepare derivative works based upon, distribute, publicly perform, publicly display, transmit, and otherwise commercialize the Feedback (including by combining or interfacing products, services or technologies that depend on or incorporate Feedback with other products, services or technologies of TopLine.io or others), without attribution in any way and for any purpose.
12. UPDATES TO SERVICES OR CHANGES TO THESE TERMS
a. We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services and close your TopLine account.
b. Sometimes you’ll need software updates to keep using the Services. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. TopLine isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system or device for which you purchased or licensed the software, apps, content or other products.
c. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a replacement feature/service. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.
13. USER REPRESENTATIONS
By using the Services, you represent and warrant that (1) all registration information you submit will be true, accurate, current, and complete, (2) you will maintain the accuracy of such information and promptly update such registration information as necessary, (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof)
14. FEES AND PAYMENT
The Services offers free trials and paid account options. You can create a free account (“Free Account”) without providing any credit card information. Once the trial period has ended, you may access The Services by creating or upgrading to a Paid Account (“Paid Account”). You can create or upgrade to a Paid Account by signing up for one of the Services’ subscription plans (“Subscription Plans”).
You can find information about our pricing options and available Subscription Plans on the TopLine.io Pricing page.
If you purchase a Service, then these payment terms apply to your purchase, and you agree to them.
a. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content.
b. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the TopLine Account Portal. Additionally, you agree to permit TopLine to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
c. Billing. By providing TopLine with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize TopLine to charge you for the Services or available content using your payment method; and (iii) authorize TopLine to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
d. Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly or annually), you agree that you are authorizing recurring payments, and payments will be made to TopLine by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by TopLine. You must cancel your Services before the next billing date to stop being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing TopLine to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, TopLine or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.
e. Online Statement and Errors. TopLine will provide you with an online billing statement on the TopLine account management website, where you can view and print your statement. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won’t be required to correct the error or provide a refund. If TopLine has identified a billing error, we will correct that error within 90 days.
f. Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that TopLine has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
g. Canceling the Services. You may cancel a Service at any time, with or without cause. Cancelling paid Services stops future charges to continue the Service. To cancel a Service, visit the TopLine account management website, or email us at hello@topline.io. You should refer back to the Services description as (i) you may be obligated to pay cancellation charges; (ii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and (iii) you may lose access to and use of your account when you cancel the Services. We will process your Data as described above in section 6. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled. If you initiate a chargeback or reversal with your bank for your payment of Services, we will deem you to have canceled as of the date that the original payment was made, and you authorize us to immediately cancel your service and/or revoke any content that was provided to you in exchange for such payment.
h. Trial-Period Offers. If you are taking part in any trial-period offer, you may be required to cancel the trial Service(s) within the timeframe communicated to you when you accepted the offer in order to avoid being charged to continue the Service(s) at the end of the trial period.
i. Promotional Offers. From time to time, TopLine may offer Services for a trial period during which TopLine will not charge you for the Services. TopLine reserves the right to charge you for such Services (at the normal rate) if TopLine determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
j. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect.
k. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may reduce the payment to you without notice to adjust for any previous overpayment.
l. Payment Method. You may use an eligible credit card with your TopLine account to use it as a payment method. We accept the following forms of payment:
• Visa
• Mastercard
• American Express
• Discover
• Any card accepted by Stripe
• ACH payments for Enterprise Agreements only
You represent and warrant that your credit card account is held in your name or you are authorized to register and use this credit card account as a payment method. By selecting your credit card account as your payment method, you agree to pay all charges or fees at the prices then in effect for your Subscription, and you authorize us to charge your chosen credit card account for any such amounts upon placing your order, (and, if necessary, initiate one or more credits to your credit card account to correct errors, issue a refund or similar purpose) You understand that this authorization will remain in full force and effect until you remove your credit card account information from your TopLine account. Contact customer support at hello@topline.io as soon as possible if you believe you have been charged in error. Laws applicable in your country may also limit your liability for any fraudulent, erroneous or unauthorized transactions from your credit card account. By selecting a credit card account as your payment method, you acknowledge that you have read, understand, and agree to these Terms.
16. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Services WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING. IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17. GOVERNING LAW
These Terms of Use and your use of the Services are governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington, United States of America, without regard to its conflict of law principles.
18. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the ‘Disputes’) brought by either you or us (individually a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration Such informal negotiations commence upon written notice from one Party to the other Party
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and where appropriate the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website http://www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Rules and where appropriate, limited by the AAA Commercial Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, arbitration will take place in King County. Washington, United States of America. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in King County, Washington, United States of America, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
19. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
20. DISCLAIMER
THE SERVICES IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES AND OUR SERVICES WILL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
a. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
b. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES,
c. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
d. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
e. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
f. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES. ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
a) your Contributions;
b) use of the Services;
c) breach of these Terms of Use;
d) any breach of your representations and warranties set forth in these Terms of Use;
e) your violation of the rights of a third party, including but not limited to intellectual property rights; or
f) any overt harmful act toward any other user of the Services with whom you connected via the Services
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Service sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
25. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Services. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. Data Processing Addendum: The parties acknowledge and agree that, to the extent that the provision of the services under these Terms involves the processing of “personal data” as defined by the General Data Protection Regulation 2016/679 (“EU GDPR”) or the EU GDPR as it forms part of the law of the United Kingdom (“UK GDPR”), the terms of the Data Processing Addendum (as updated from time to time) shall apply.
26. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at
Synthetic Intelligence Group, Inc.
7829 Center Blvd SE, STE 277
Snoqualmie, WA 98065
hello@topline.io
27. COVERED SERVICES
The following products, apps, and services are covered by the TopLine.io Service Agreement, but may not be available in your market.
• TopLine.io
TopLine.io 