Terms of Service

Last Updated: November 26, 2024

Welcome to ReadyAI. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Afterparty, Inc., doing business as ReadyAI ("ReadyAI," "we," "us," or "our"). By accessing or using our website, platform, APIs, tools, or any related services (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree, do not access or use the Services.

1. Eligibility

You must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements. If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms and that the entity agrees to be bound by these Terms.

2. Account Registration

To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. ReadyAI will not be liable for any loss or damage arising from your failure to comply with these obligations.

3. Services

ReadyAI provides AI-powered data products, tools, APIs, and related services designed to help organizations build, train, and deploy artificial intelligence models. The specific features and functionality of the Services may change from time to time at our sole discretion. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

4. License Grant

Subject to your compliance with these Terms, ReadyAI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business or personal purposes. This license does not include the right to: (a) modify, copy, or create derivative works of the Services; (b) reverse engineer, decompile, or disassemble any aspect of the Services; (c) rent, lease, lend, sell, redistribute, or sublicense the Services; or (d) use the Services for any purpose that is unlawful or prohibited by these Terms.

5. User Content

You may submit, upload, or transmit content through the Services ("User Content"). You retain ownership of your User Content. By submitting User Content to the Services, you grant ReadyAI a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform your User Content solely in connection with operating and providing the Services. You represent and warrant that you own or have the necessary rights to submit User Content and that your User Content does not violate any third party's rights or applicable law.

6. Intellectual Property

The Services, including all content, features, functionality, software, code, data, text, graphics, logos, and trademarks, are owned by ReadyAI or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Services or any of our intellectual property except for the limited license expressly set forth in Section 4. All rights not expressly granted herein are reserved by ReadyAI.

7. Prohibited Activities

You agree not to engage in any of the following activities in connection with the Services:

  • Violating any applicable local, state, national, or international law or regulation;
  • Infringing or misappropriating any third party's intellectual property, privacy, publicity, or other rights;
  • Uploading, transmitting, or distributing any viruses, malware, or other harmful code;
  • Attempting to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services;
  • Interfering with or disrupting the integrity or performance of the Services or the data contained therein;
  • Using any automated means, including bots, scrapers, or crawlers, to access the Services without our prior written consent;
  • Collecting or harvesting any personally identifiable information from the Services without authorization;
  • Using the Services to send spam, unsolicited messages, or other forms of bulk communication;
  • Impersonating any person or entity or misrepresenting your affiliation with any person or entity;
  • Using the Services for any fraudulent, deceptive, or misleading purpose;
  • Circumventing or attempting to circumvent any security measures or access controls of the Services.

8. Copyright Policy

ReadyAI respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information: (a) a description of the copyrighted work; (b) identification of the infringing material and its location on the Services; (c) your contact information; (d) a statement of good faith belief that the use is unauthorized; (e) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner; and (f) a physical or electronic signature of the copyright owner or authorized representative. Please send DMCA notices to support@readyai.ai.

9. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice, at our sole discretion. You may terminate your account at any time by contacting us at support@readyai.ai. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

10. Indemnification

You agree to indemnify, defend, and hold harmless ReadyAI, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of any third party.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. READYAI DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. READYAI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL READYAI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF READYAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL READYAI'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO READYAI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

13. Dispute Resolution & Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator and shall take place in San Francisco, California, or at another mutually agreed location.

You and ReadyAI agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. You expressly waive any right to participate in a class action lawsuit or class-wide arbitration.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

14. General Terms

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

Entire Agreement. These Terms, together with any applicable order forms, service agreements, or policies referenced herein, constitute the entire agreement between you and ReadyAI regarding the Services and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver. The failure of ReadyAI to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without ReadyAI's prior written consent. ReadyAI may assign these Terms without restriction.

Modifications. ReadyAI reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website or through other reasonable means. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms.

15. Contact Us

If you have any questions about these Terms of Service, please contact us at:

Afterparty, Inc. (d/b/a ReadyAI)

Email: support@readyai.ai