ECAD Labs Inc. ("ECAD Labs") provides services (collectively, the "Services") to people around the world (the "Users"). All services provided by ECAD Labs to third-parties are included in the definition of Services unless we state otherwise.
These Terms of Service (the "Terms") govern the relationship between ECAD Labs and its Users. References to "you" and "your" mean you, the individual User. References to "we", "us", and "our" mean ECAD Labs.
We provide concise "short version" summaries for convenience. Only the full-term below a summary is binding upon you and us.
Short version: You may not use the Services if you are a minor or are legally prohibited from doing so.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with ECAD Labs, or (b) you are a person barred from using or receiving the Services under the applicable laws of Canada or other countries including the country in which you are resident or from which you use the Services.
Short version: By using the Services you agree to these Terms.
Your use of the Services constitutes your agreement to be bound by these Terms and all other terms and policies incorporated by reference.
Short version: If you are using the Services on behalf of another entity, you bind the entity to these Terms.
If you are using the Services on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms. By accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).
Short version: We may provide Services directly or through affiliated or subsidiary companies.
ECAD Labs may provide Services through subsidiaries and affiliated legal entities around the world. These Terms will govern your relationship with these companies whether they provide Services on their behalf or on behalf of ECAD Labs.
Short version: If we require account registration to access Services, you must ensure your registration is accurate.
To access or continue accessing certain Services, you may be required to provide registration or authorization information (such as identification or contact details). Any registration or authorization information you give to ECAD Labs must always be accurate and up to date, and you will inform us promptly of any changes.
You agree to be bound by our Acceptable Use Policy and Privacy Policy.
Short version: Use of our APIs is also subject to our API Terms of Service.
If you use any APIs, blockchain nodes or similar services provided by ECAD Labs, you agree to be bound by our API Terms of Service (the "API Terms"). The API Terms will supersede these Terms to the extent that a conflict arises in their respective application or interpretation.
Short version: We may publish additional terms for specific Services.
ECAD Labs may periodically publish additional terms applicable to specific services. Your use of such services will be subject to these Terms and all additional terms published by ECAD Labs.
Short version: If we enter into a separate written contract, this will supersede these terms.
If you have a separate written agreement with us, that agreement will supersede these Terms to the extent that any conflict arises in their respective application or interpretation.
Short version: You must comply with all laws and must not encourage others to contravene any laws.
You will comply with all laws, regulations, and third-party rights that may apply to you and your use of the Services (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not encourage others to breach the Terms, engage in any illegal activity, or violate any third-party legal rights.
Short version: Terms applicable to the Services are not intended to modify any underlying software licenses.
Open source and other licenses applicable to software used in or forming part of the Services do not apply to ECAD Labs's delivery of those Services. The Services we provide are governed solely by these Terms and additional terms we incorporate by reference.
Software used in your own instance, installation or fork is subject to the licenses upon which that software may be provided. These Terms are not intended to modify or supersede the licensing software.
Short version: You shouldn't trust artificial intelligence services to provide correct answers and must comply with third-party terms of service and privacy policies.
ECAD Labs may provide or incorporate various forms of artificial intelligence, including large language models, into the ECAD Labs software support and related services (the "AI Services"). While helpful for troubleshooting and conducting research, AI Services frequently provide incorrect or incomplete information. You agree not to trust that answers provided by AI Services are correct without external verification. AI Services may also retain and share or learn from information input by end users, and you agree not to input confidential or proprietary information into the AI Services. Where ECAD Labs makes available or otherwise incorporates third-party artificial intelligence services into the AI Services, end users of the AI Services agree to be bound by third-party terms of service and privacy policies to the extent they apply to your inputs, usage and other related data.
ECAD Labs currently uses third-party services from Chatbase.co. By using the AI Services, you agree to be bound by the Chatbase.co Terms of Service and Privacy Policy, to the extent that they apply to you, your data and personal information.
Short version: Each party retains ownership of their respective brands and marks.
"Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party's Brand Features. Any goodwill associated with your use of the ECAD Labs Brand Features will become the property of ECAD Labs.
Short version: You must comply with ECAD Labs attribution and brand use guidelines.
You agree to display any attribution(s) required by ECAD Labs as described in the Services documentation of Brand Features Use Guidelines. ECAD Labs grants to you a revocable, non-transferable, non-sublicensable, nonexclusive license to display ECAD Labs Brand Features for the purpose of promoting or advertising that you use the Services. You may only use the ECAD Labs Brand Features in accordance with the Terms to fulfill your obligations under this Section. In using ECAD Labs Brand Features, you must follow the ECAD Labs Brand Features Use Guidelines. You understand and agree that ECAD Labs has the sole discretion to determine whether your attribution(s) and use of ECAD Labs Brand Features comply with the Terms.
You will not make any statement regarding your use of a Service that suggests partnership with, sponsorship by, or endorsement by ECAD Labs without ECAD Labs's prior written approval.
Short version: We can identify you, your product and company in our promotional materials as a user of our Services.
While promoting, marketing, or demonstrating the Services, ECAD Labs may identify you and your company or product name as a user of the Services. ECAD Labs may include your company or product logo on marketing and other promotional materials for the Services. ECAD Labs will comply with published brand use guidelines. You grant us all the necessary rights to do this.
Short version: You can stop using the Services at any time. We can stop providing the Services at any time without liability or further obligation to you.
You may stop using our Services at any time with or without notice. If you want to terminate the Terms, you must provide ECAD Labs with prior written notice and stop using the Services. ECAD Labs reserves the right to terminate the Terms or discontinue any Services for any reason and at any time without liability or other obligation to you.
Short version: You must stop using all ECAD Labs Brand Features if you stop using the Services.
Upon any termination of the Terms or discontinuation of your access to the Services, you will immediately stop using the Services and cease all use of the ECAD Labs Brand Features.
Short version: Some terms in this agreement will survive termination, including warranties and indemnities.
When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including warranties and indemnities.
Short version: The Services are provided without any form of warranty. We make no legally binding promises about the Services.
EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER ECAD LABS NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS. "
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.
Short version: We are not responsible for any losses that you may incur as a result of using the Services.
WHEN PERMITTED BY LAW, ECAD LABS, AND ECAD LABS'S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, CONTRACTORS, AGENTS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ECAD LABS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, CONTRACTORS, AGENTS, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN) DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY. WHERE ANY SERVICES GIVING RISE TO A CLAIM ARE PROVIDED WITHOUT CHARGE, THE TOTAL LIABILITY WILL BE LIMITED TO $1 CAD.
IN ALL CASES, ECAD LABS, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Short version: Businesses must indemnify us for any misuse of the Services or breach of these Terms.
Unless prohibited by applicable law, if you are a business, you will defend and indemnify ECAD Labs and its affiliates, directors, officers, employees, affiliates, subsidiaries and users against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
- your misuse or your end user's misuse of the Services;
- your violation or your end user's violation of the Terms; or
- any content or data you, those acting on your behalf, or your end-users rout into or use with the Services.
Short version: These Terms will change over time, and you will be bound by future changes. Subscribe for notifications of any changes in Github.
We may modify the Terms, including those incorporated by reference, at any time. We will make reasonable efforts to publish notices of material changes to the Terms, where possible, unless the changes address new Services or new features added to existing Services. We encourage you to subscribe for notifications from the public Github repository where these Terms are stored so that you may receive alerts about any published changes.
If you do not agree to any changes to the Terms, you must discontinue your use of the Services before changes take effect, or immediately where no advance notice of change is provided. Your continued use of the Services constitutes your acceptance of all modified Terms.
Short version: Our contract will be interpreted in english and will be governed by the laws and courts of Vancouver, British Columbia, Canada.
We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only, and the English Terms will solely govern our relationship. The Terms do not create any third-party beneficiary rights or agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and ECAD Labs does not take action right away, this does not mean that ECAD Labs is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and ECAD Labs relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact ECAD Labs, please visit www.ecadlabs.com.
Except as set forth below: (i) the laws of British Columbia, Canada, excluding applicable conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the APIs and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE SERVICES WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL, SUPREME OR PROVINCIAL COURTS OF VANCOUVER, BRITISH COLUMBIA, CANADA, AND YOU AND ECAD LABS CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
ECAD Labs may use information submitted through our Services in accordance with our Privacy Policy.
If you think somebody is violating your copyrights through or on ECAD Labs products or services and want to notify us, you can find contact information at www.ecadlabs.com.
Last modified: August 9, 2023
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