Legal
Last Modified: July 30, 2024
These terms of use are entered into by and between You ("You," or "Customer") and Foundation LLM Technologies, Inc. ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of https://foundationllm.com/, including any software-as-a-service, content, functionality and services offered on or through https://foundationllm.com/ (the "Website"), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We deliver the services offered through our Website to Users that create Accounts on the Website as defined herein:
Throughout this document, all Users will be referred to as "You", "Users", or "users" unless otherwise specified individually. All Users are bound to these Terms of Use.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
You are responsible for both making all arrangements necessary for you to have access to the Website, and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
You must not:
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@foundationllm.com.
"Third-Party Products" means any products, content, services, information, websites, or other materials, that are owned by third parties and are incorporated into, integrated with, or otherwise accessible through the Services, including Gen AI Providers, and any open source software available under applicable open source licenses.
The Website may permit access or integration to Third-Party Products. For purposes of this Agreement, such Third-Party Products are subject to their own terms and conditions, and we claim no responsibility for such Third-Party Products. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not install, access, integrate, or otherwise use such Third-Party Products.
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
The Website contains features that allow Users to post, submit, publish, display or transmit content or materials including but not limited to design files, computer-aided design (CAD) files, and content (collectively, "User Contribution") on or through the Website. User Contribution includes Inputs into the AI Features.
All User Contribution must comply with the Content Standards set out in these Terms of Use.
By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such User Contribution in order to deliver you the Website and related services.
You represent and warrant that you own or control all rights in and to the User Contribution and have the right to grant the license granted above. You understand and acknowledge that you are responsible for any User Contribution you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We have the right to remove or refuse to post any User Contribution for any or no reason in our sole discretion, take any action with respect to any User Contribution that we deem necessary or appropriate, disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, take appropriate legal action for any illegal or unauthorized use of the Website, and terminate or suspend your access to all or part of the Website for any or no reason.
These content standards apply to any and all User Contribution and use of Interactive Services. User Contribution must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contribution must not:
If you believe that any User Contribution violates your copyright, please contact us at legal@foundationllm.com for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Some features of the Website have artificial intelligence and machine learning aspects ("AI Features") utilizing third party generative artificial intelligence providers ("GenAI Providers"). You can use the AI Features for the intended purposes including to help you with the design and manufacturing process of your products including automating your documentation process. As part of the AI Features, you may enter information, files, data, and other information into a prompt box (your "Input") and receive responses (the "Output"). We reserve the right to utilize your Input and Output to improve upon our Website and all related services. You acknowledge that your Input and Output may be shared with GenAI Providers in order to deliver you the AI Features.
You acknowledge and agree that:
IN ADDITION TO THE DISCLAIMER MENTIONED IN THE AGREEMENT, THE AI FEATURES ARE PROVIDED TO CUSTOMER ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. COMPANY DOES NOT PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE AI OUTPUTS AND DOES NOT ACCEPT ANY LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM THE CUSTOMER'S USE OF THE AI OUTPUTS OR ANY OMISSIONS OR ERRORS CONTAINED IN THE AI OUTPUTS. THE CUSTOMER IS ENCOURAGED TO CONDUCT AN INDEPENDENT EVALUATION, INCLUDING A HUMAN REVIEW OF THE AI OUTPUTS FOR THEIR ACCURACY, COMPLETENESS AND RELIABILITY.
In addition to the restrictions in this Terms of Service, the Customer represents and warrants that the Customer will not use the AI Features to:
You must implement reasonable and appropriate measures designed to help secure your access to and use of the Website. If you discover any vulnerabilities or breaches related to your use of the Website, you must promptly contact us and provide details of the vulnerability or breach.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware.
At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use, our Privacy Policy, and Software-as-a-Service Agreement constitute the sole and entire agreement between you and Foundation LLM Technologies, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
This website is operated by Foundation LLM Technologies, Inc., 171 Main St., Suite 424, Los Altos, CA 94022.
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@foundationllm.com.