Last updated: 9 January 2023
These Terms of Service (this “Agreement”) are a binding contract between you and Flamel AI, Inc. (“Flamel,” “we,” or “us”). This Agreement governs your access to and use of the Services.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND A CLASS ACTION/JURY TRIAL WAIVER.
(a) “Aggregated Data” means data and information related to Customer's use of the Services to be used by Flamel in an aggregated and anonymized manner.
(b) “Authorized User” means Customer's employees, consultants, contractors, and agents who are authorized by Customer to access and use the Services.
(c) “Confidential Information” means information about either party's business affairs, products, confidential intellectual property, trade secrets, and other sensitive or proprietary information.
(d) “Customer,” “you,” or “your” means, collectively, you and your Authorized Users.
(e) “Customer Content” means any content submitted, posted, displayed, transmitted, or otherwise made available on the Services by or on behalf of Customer.
(f) “Services” means the online and/or mobile services, web site, and software provided by Flamel under this Agreement.
(a) Eligibility. You must read and agree to this Agreement before using the Services. You may use the Services only if you can form a binding contract with Flamel. Any use or access by anyone under 13 years old is strictly prohibited.
(b) Provision of Access. Subject to payment and compliance, Flamel grants you a revocable, non-exclusive, non-transferable, limited right to access and use the Services during the Term solely for your internal business operations.
(c) Accounts. Your Customer Account gives you access to the Services. You must provide accurate information and keep your password secure.
(d) Use Restrictions. You shall not:
(a) Customer Content remains owned by the Customer.
(b) You grant Flamel a non-exclusive, worldwide, royalty-free license to host, use, process, display, and transmit Customer Content to provide the Services.
Services may incorporate Third-Party Products. Your use is subject to those providers' terms.
(a) Ownership. Flamel IP is and shall remain Flamel's property.
(b) Feedback. You assign all right, title, and interest in Feedback to Flamel.
Each party shall protect the other party's Confidential Information.
You agree to pay all fees associated with your subscription. You authorize Flamel to charge your payment method. You are responsible for all applicable taxes.
(a) Term. Begins on Effective Date and continues until terminated.
(b) Termination. Either party may terminate for convenience with 30 days' notice. Flamel may terminate immediately for breach.
(c) Effect of Termination. Customer Content deleted within 60 days.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
FLAMEL'S AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER IN THE 12 MONTHS PRECEDING THE CLAIM.
(a) Governing Law. Laws of the State of Indiana.
(b) Arbitration Agreement. Binding arbitration on an individual basis. Opt-out available within 30 days.
(c) Class Action/Jury Trial Waiver. You waive rights to class actions and jury trials.
Standard provisions including entire agreement, severability, waiver, assignment, and notices.
Contact: hello@flamel.ai
Address: Flamel AI, Inc., 642 N. Madison St, Bloomington, IN 47404