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Website Terms of Use

Last updated: 2025-01-29

Acceptance of These Website Terms of Use

Penny AI Technologies, Inc. ("Company," "we," "us," or "our") provides this website. All access is subject to these Terms of Use. These apply to all visitors and users. You may face additional terms if using products/services as Brand, Seller, or Buyer. By accessing the site, you acknowledge reading and agreeing to these Terms. If you disagree, do not use the Site. The Company reserves rights to modify these Terms at any time. Changes will be posted with revision dates. Your continued use constitutes acceptance of new Terms. You should periodically review this page. Non-compliance means you must discontinue Site use. The Company respects user privacy. See the Privacy Policy at /privacy-policy for details. By using the Site, you consent to data collection and disclosure as described there. Additional terms may apply when using specific Site features. All such terms are incorporated into these Terms of Use.

Access and Use of the Site

Company attempts accuracy but does not warrant that product descriptions or Site content is accurate, complete, reliable, current, or error-free. Company reserves the right to modify or discontinue the Site temporarily or permanently without notice. You agree Company bears no liability for such changes.

Conditions of Access and Use

You agree not to use the Site to: • Interfere with or disrupt the Site, servers, or connected networks, or violate network requirements, procedures, policies, or regulations • Violate any applicable local, state, national, or international law • Impersonate any person or entity, or misrepresent your affiliation • Solicit personal information from anyone under age 18 • Harvest or collect email addresses or contact information for unsolicited communications • Further criminal activity or provide instructional information about illegal activities • Obtain content through means not intentionally made available via the Site • Circumvent content protections or geographic restrictions, including via VPNs • Engage in data mining, robots, scraping, or similar data gathering methods If Company blocks your access (including by IP address), you agree not to circumvent such blocking via masking or proxy services. No employee, contractor, agent, or affiliate of competing companies may access the Site without express written permission. By accessing the Site, you represent you are not a competitor or acting on behalf of one. Unless expressly authorized, you agree not to display, distribute, license, perform, publish, reproduce, copy, create derivative works, modify, sell, resell, grant access, transfer, or exploit any Site portion for commercial purposes. The Site is for personal use only.

Mobile Services

The Site includes services available via mobile devices, including browsing capabilities. Your wireless carrier's standard charges, data rates, and fees may apply. Some Mobile Services may be prohibited or restricted by your carrier, and not all work with all devices. The technology and software underlying the Site are property of Company, its affiliates, and licensors ("Software"). You agree not to copy, modify, create derivative works, reverse engineer, reverse assemble, or discover source code. You may not sell, assign, sublicense, or transfer any Software rights. Company reserves all unexpressed rights. Company is headquartered in the United States. You are solely responsible for ensuring compliance with your jurisdiction's laws. Software and applicable data transmissions are subject to U.S. export controls. No Software may be downloaded or exported/re-exported in violation of U.S. export laws. Use is at your sole risk.

Intellectual Property Rights

You acknowledge the Site may contain content or features protected by copyright, patent, trademark, trade secret, or other proprietary rights. Except as expressly authorized, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Site or Site Content. Any unauthorized use is strictly prohibited. The Company name and logos are Company trademarks. Other names and logos displayed may be trademarks of their respective owners. Nothing in these Terms grants any license or right to use Company Trademarks without prior written permission. All goodwill from using Company Trademarks benefits Company exclusively. Company bears no liability for third-party content or materials, including Users' content, errors, omissions, or losses resulting from such content use. Company does not pre-screen content but reserves the right to refuse or remove any content. Company may remove content violating these Terms or deemed objectionable. You must evaluate content and bear all associated risks. You authorize Company and third-party service providers to derive statistical and usage data relating to your Site use ("Usage Data"). Company may use this for any purpose per applicable law and the Privacy Policy. Questions, comments, suggestions, ideas, feedback, reviews, or information about the Site ("Submissions") you provide are non-confidential. Company is entitled to unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation.

Third-Party Services and Websites

The Site may provide links or access to third-party services, sites, technology, and resources ("Third-Party Services"). Your access may require additional terms, privacy policies, or agreements. Some Third-Party Services may provide Company access to information you provided to third parties, which Company uses per its Privacy Policy. Company has no control over Third-Party Services and bears no responsibility for accuracy, availability, reliability, completeness, or privacy practices. You should review third-party privacy policies. You are responsible for all costs. Company enables these services as convenience only; inclusion does not imply endorsement. Dealings with third parties are between you and them. Company bears no responsibility or liability for damages from Third-Party Service use or reliance.

Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Company, its affiliates, and their respective officers, employees, directors, service providers, licensors, and agents (collectively, "Company Parties") from all losses, damages, expenses, reasonable attorneys' fees, claims, actions, and injury (including death) arising from your Site use, Terms violation, or violation of another's rights. Company will notify you of claims. Company reserves the right to assume exclusive defense and control of indemnification matters, and you agree to cooperate with reasonable defense requests. You may not settle claims against Company Parties without written consent.

Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY PARTIES MAKE NO WARRANTY: (A) REGARDING GOODS, SERVICES, OR ITEMS SOLD OR PROMOTED THROUGH THE SITE; (B) THAT THE SITE WILL MEET YOUR REQUIREMENTS; (C) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (D) THAT RESULTS FROM SITE USE WILL BE ACCURATE OR RELIABLE; OR (E) THAT PRODUCT, SERVICE, INFORMATION, OR MATERIAL QUALITY PURCHASED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND COMPANY PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR LOSS OF PROFITS DAMAGES (EVEN IF ADVISED OF POSSIBILITY) ARISING FROM: (A) SITE USE OR INABILITY TO USE (INCLUDING PURCHASED GOODS/SERVICES); (B) SUBSTITUTE GOODS COST FROM SITE PURCHASES; (C) UNAUTHORIZED TRANSMISSION OR DATA ALTERATION; (D) THIRD-PARTY STATEMENTS OR CONDUCT; OR (E) ANY SITE-RELATED MATTER. TOTAL LIABILITY WILL NOT EXCEED AMOUNTS PAID COMPANY IN THE LAST SIX MONTHS OR $100, WHICHEVER IS GREATER. SOME JURISDICTIONS PROHIBIT DISCLAIMING CERTAIN WARRANTIES OR LIMITING LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME LIMITATIONS MAY NOT APPLY TO YOU. IF DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS DISCONTINUING USE. NEW JERSEY USERS: The Indemnification, Disclaimer of Warranties, and Limitation of Liability sections are limited by New Jersey law. If any portion is invalid, the remainder remains enforceable.

General

These Terms of Use constitute the entire agreement between you and Company regarding Site access and use, superseding all prior agreements. You may face additional terms for Third-Party Services or third-party content/software. These Terms are governed by Delaware law without regard to conflict provisions. Unless Company elects otherwise, you and Company submit to Delaware state and federal court jurisdiction. Company's failure to enforce any right does not constitute a waiver. If any provision is found invalid, the court should endeavor to effect the parties' intentions while preserving remaining provisions. Any claim arising from Site use must be filed within one year or be barred forever. Printed versions of these Terms are admissible in proceedings as business documents. You cannot assign these Terms without Company's written consent; Company may assign freely. Section titles have no legal effect. "Include" and "including" are not limiting. Notices may be via email or mail; notices may also be posted on the Site. Company is not liable for failures/delays beyond reasonable control, including civil disturbances, riots, epidemics, hostilities, war, terrorism, embargoes, natural disasters, floods, fire, sabotage, power/equipment fluctuations, or other uncontrollable circumstances.

Questions? Concerns? Suggestions?

Contact support@endlss.io to report Terms violations or pose questions regarding these Terms or the Site.