Last Revised: April 30, 2024
THE EFFECTIVE AI NETWORK (HEREINAFTER REFERRED TO AS "EFFECTIVE AI") ENCOMPASSES A SERIES OF EXPERIMENTAL FUNCTIONALITIES ASSOCIATED WITH BLOCKCHAIN TECHNOLOGY. UTILIZATION OF THESE FUNCTIONALITIES, ACCESSIBLE THROUGH THE EFFECTIVE AI APPLICATION ON OUR WEBSITE, CARRIES INHERENT RISKS TO BOTH YOUR DIGITAL AND TANGIBLE ASSETS. THIS DOCUMENT DELINEATES CRITICAL INFORMATION CONCERNING SUCH RISKS, ALONG WITH DELINEATING YOUR RIGHTS, RESPONSIBILITIES, AND THE LIMITATIONS AND EXCLUSIONS THAT MAY AFFECT YOUR LEGAL RIGHTS. YOU ARE URGED TO REVIEW THIS DOCUMENT METICULOUSLY.
BY ACCESSING OR ENGAGING WITH EFFECTIVE AI, YOU CONSENT TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE.
THE CONDITIONS SET FORTH HEREIN MANDATE ARBITRATION ON AN INDIVIDUAL BASIS AS THE SOLE METHOD FOR RESOLVING DISPUTES, EXCLUDING POSSIBILITIES FOR JURY TRIALS OR CLASS ACTIONS.
ACCESS TO AND USE OF OUR WEBSITE OR SERVICES ARE STRICTLY PROHIBITED IF YOU: (A) DO NOT ACCEPT THESE TERMS; (B) ARE YOUNGER THAN THE GREATER OF EIGHTEEN (18) YEARS OF AGE OR THE AGE OF MAJORITY REQUIRED TO FORM A BINDING CONTRACT UNDER APPLICABLE LAW; OR (C) ARE BARRED UNDER THESE TERMS OR ANY APPLICABLE LAWS FROM USING OR ACCESSING THIS WEBSITE OR ITS FUNCTIONALITIES.
THE PROTOCOL AS DESCRIBED HEREIN IS NOT AVAILABLE TO INDIVIDUALS OR ENTITIES WHO ARE RESIDENTS OF, LOCATED IN, INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN JURISDICTIONS WHERE SUCH ENGAGEMENT IS PROHIBITED (HEREINAFTER REFERRED TO AS "RESTRICTED TERRITORIES"). WE ENFORCE THESE RESTRICTIONS STRINGENTLY. THEREFORE, IF YOU QUALIFY AS A "RESTRICTED PERSON" FROM ANY RESTRICTED TERRITORY, YOU ARE EXPRESSLY PROHIBITED FROM ATTEMPTING TO ACCESS OR USE THE PROTOCOL OR ANY RELATED SERVICES. THE USE OF VIRTUAL PRIVATE NETWORKS (VPNS) TO BYPASS THESE RESTRICTIONS IS STRICTLY FORBIDDEN.
Acceptance of Terms of Use
These terms of use constitute a legally binding agreement between you (hereinafter referred to as "User") and Effective AI Corp., a corporation organized under the laws of the Bahamas (hereinafter referred to as the "Company," "we," "us," or "our"). The terms and conditions, along with any documents they explicitly incorporate by reference (collectively, the "Agreement"), govern the User’s access to and use of https://effectiveai.xyz/ and its sub-pages, including any content or functionality offered on or through the user Application accessible via https://app.effectiveai.xyz/ (the "Application," or collectively with other sub-pages, the "Website").
Prior to using the Website (including the Application), the User must carefully read this Agreement. By utilizing the Website or the Application, the User acknowledges and consents to be bound by this Agreement and all documents incorporated herein by reference. If the User does not wish to agree to this Agreement or the documents it incorporates by reference, the User must not access or use the Website or the Application.
The Website is available only to users who are at least eighteen (18) years of age. By using this Website, the User warrants that they are either at least eighteen (18) years of age or of legal age to form a binding contract in their jurisdiction, whichever is greater, and meet all of the eligibility criteria set forth herein. The User further warrants that they are not a citizen or resident of, nor located within, any country where use of the Website is prohibited under applicable law. If these criteria are not met, the User is expressly prohibited from accessing or using the Website.
The Services and Protocol
The services provided by the Website (collectively, "the Services") include, but are not limited to, offering tools and information that enable users (hereinafter referred to as "Participants") to engage in a Decentralized Peer-to-Peer Internet Networking (DEPIN) ecosystem. The Services are designed to facilitate Participants' contributions to a decentralized network aimed at the collection and processing of data essential for the training of AI models, thereby advancing the democratization of AI research and promoting universal accessibility. As part of these Services, Effective AI is in the process of developing a blockchain-based protocol (the "Protocol"). This Protocol aims to establish a transparent and secure operational framework, fostering trust and active participation within the Network.
Interaction with, contribution to, and access to the Protocol are not solely limited to the Application. Therefore, the Services, including both the Website and the Application, should be regarded as separate from the Protocol. None of the products or offerings of the Protocol should be construed as products or offerings of Effective AI or its Website.
Participants are expected to acquaint themselves thoroughly with the Protocol and understand the risks associated with it, including but not limited to the potential forfeiture of Digital Assets pursuant to the encoded parameters of the Protocol or loss due to other causes. PARTICIPANTS ACKNOWLEDGE AND ACCEPT THAT ALL INTERACTIONS WITH OR USE OF THE PROTOCOL ARE CONDUCTED AT THEIR OWN RISK, AND EFFECTIVE AI DISCLAIMS ALL LIABILITY AND RESPONSIBILITY AND MAKES NO WARRANTIES REGARDING THE PROTOCOL, REGARDLESS OF WHETHER THE PROTOCOL IS ACCESSED THROUGH THE SERVICES.
Engagement with and deriving benefits from the Services provided by Effective AI, including but not limited to the Application, may necessitate the payment of transactional fees. These fees, referred to as "Blockchain Fees," are imposed by the underlying blockchain or distributed ledger technology that supports the Protocol, or directly by the Protocol itself. Blockchain Fees are designed to encourage proper utilization within the Protocol’s ecosystem, such as when redeeming rewards, setting up a blockchain-compatible wallet, or transferring distributed rewards into a personal digital asset wallet.
It is important to note that Blockchain Fees are not charged directly by Effective AI. Rather, they result from the Participant's engagement with the Services and are governed by the rules established by the Protocol and the broader blockchain community. Effective AI exerts no control over the imposition, collection, amount, or the operational execution and effectiveness of Blockchain Fees, regardless of their origin from the use of the Services. By utilizing the Services, Participants agree that Effective AI bears no liability for any aspect of Blockchain Fees, including but not limited to their payment, reimbursement, refund, disbursement, compensation, or any other related transactions.
For further information on blockchain technology, digital assets, and the associated risks, Participants should refer to the section titled "Nature of Blockchain; Assumption of Risk; Waiver of Claims."
Accessing the Website and User Security
Effective AI reserves the exclusive right to modify, withdraw, or amend the Website (including the Application) and any materials or Services we provide on the Website, at our sole discretion without prior notification. We shall not be held liable for any interruptions or unavailability of the Website, the Application, the Protocol, or any Services, at any time or for any duration. We may, from time to time, restrict access to certain parts or the entirety of the Website to Participants.
User Responsibilities
The User shall bear responsibility for:
Making all necessary arrangements to ensure access to the Website and the Services.
Ensuring that all individuals accessing the Website or the Services through the User’s internet connection are informed of these Terms of Use and adhere to them.
For access to certain Services or resources on the Website, the User may be required to provide specific registration details or other information. Access to other Services or resources on the Website (for example, the Application) may necessitate the use of specific Web3 capabilities, such as a Digital Asset wallet capable of interfacing with the User’s web browser or relevant blockchain nodes (hereafter referred to as "Web3 Utilities"). The User is obligated to use such Web3 Utilities solely with private keys that the User has originated or for which the User has received explicit permission from the creator of those keys. The User affirms that all information provided for interaction with the Website, Application, Services, or other functionalities, including but not limited to the use of any interactive features on the Website, is accurate, current, and complete. The User consents to any action we take concerning the User’s information consistent with these Terms of Use and all referenced or incorporated documents.
Confidentiality and Security
Should the User employ any Web3 Utility involving a separate username, password, private key, or any other form of security information, such information must be treated as confidential and must not be disclosed to any third party. The User acknowledges that any identity associated with its Web3 Utility is personal to the User and agrees not to grant access to this identity to others. The User is also obliged to secure or lock their Web3 Utility to prevent unauthorized use on this Website or the Services at the end of each session. Caution is advised when accessing the Website or the Services from public or shared computers to prevent unauthorized viewing or recording of the User’s security information.
In the event of a compromise of the User’s Web3 credentials, the User acknowledges that their related Digital Assets may also be compromised. Consequently, the User waives any and all claims of responsibility or liability against Effective AI related to any losses resulting from such events.
Here is a refined and legally formal version of the section on intellectual property rights:
Intellectual Property Rights
Excluding any open-source software or other materials integrated into the Website or the Services, the entirety of the Website's content, features, and functionality—including but not limited to all information, software, text, displays, images, videos, audio, and the design, selection, and arrangement thereof—are the proprietary property of the Company, its licensors, or other respective material providers, and are safeguarded by international laws governing copyright, trademark, patents, trade secrets, and other intellectual or proprietary rights. The User is expressly prohibited from reproducing, distributing, modifying, creating derivative works from, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any materials from the Website, except as permitted under the following conditions:
The User’s computer may temporarily store copies of such materials in RAM incidental to accessing and viewing those materials.
The User may store files that are automatically cached by the User’s web browser for display enhancement purposes.
The User may print or download one copy of a reasonable number of pages from the Website for personal, non-commercial use only, and not for further reproduction, publication, or distribution.
If desktop, mobile, or other applications are made available for download, the User may download a single copy to a personal computer or mobile device, provided the User agrees to be bound by our end user license agreement or other similar agreements applicable to such applications.
The User may utilize open-source materials provided on the Website or through the Services strictly in accordance with the terms of the applicable open-source license.
Prohibited Actions:
The User must not modify any copies of materials obtained from this Website.
The User must not use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
The User must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
In the event the User prints, copies, modifies, downloads, or otherwise uses, or provides others access to any part of the Website in contravention of these Terms of Use, the User’s right to use the Website will cease immediately and the User must, at our discretion, return or destroy any copies of the materials the User has made. No right, title, or interest in or to the Website or any content on the Website is conveyed to the User, and all rights not expressly granted are reserved by Effective AI.
Notwithstanding any provision to the contrary within these Terms of Use, the User is permitted to use open-source materials provided on the Website or through the Services within the limits set by, and in accordance with, those materials' open-source licenses.
Any use of the Website not explicitly permitted by these Terms of Use constitutes a violation of these Terms of Use and may infringe upon copyright, trademark, and other pertinent laws.
Trademarks
The trademarks including the terms "Effective AI," "Effective AI Corp," "EFFECTIVEAI.XYZ," and all related names, logos, product and service names, designs, and slogans are the property of Effective AI Corp. or its affiliates or licensors. Unauthorized use of these trademarks is strictly prohibited without the prior written consent of the Company. Notwithstanding this prohibition, the Company hereby grants the User a limited, revocable, and non-transferable license to use the term "Effective AI" and any associated names, logos (with the explicit exclusion of the Effective AI logo), product and service names, designs, and slogans. This license is conditioned upon the User's use of these marks not being:
Deceitful, fraudulent, or manipulative.
Suggestive of a relationship or affiliation with Effective AI that exceeds the ordinary relationship between a website administrator and its users.
Likely to cause confusion or misunderstanding to acquire Digital Assets or personal information from another party in a manner not intended by the Services, the Protocol, the Application, or any related functionalities. Specifically, these marks may not be used for phishing attacks, spear-phishing attacks, social engineering, or any other method that could mislead a party into sending Digital Assets to an unintended recipient or revealing private information such as a private key or password.
All other names, logos, product and service names, designs, and slogans that appear on the Website are the trademarks of their respective owners.
Prohibited Uses
The use of the Services and the Protocol is strictly limited to lawful purposes and must adhere rigorously to the terms outlined in these Terms of Use. Users are expressly prohibited from deploying the Application or any future applications developed by the Company in ways that:
Violate any federal, state, local, or international laws or regulations, including but not limited to those related to data privacy, intellectual property rights, and the export of data or software to and from the United States or other countries.
Facilitate, incite, or result in the unlawful or unethical manipulation or misuse of data, including but not limited to AI training datasets, in violation of copyright laws, artificial intelligence regulations, or intellectual property rights.
Exploit, harm, or attempt to exploit or harm minors in any manner, including exposing them to inappropriate content or soliciting personally identifiable information.
Transmit or facilitate the transmission of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
Impersonate the Company, a user of the Company's services, or any other person or entity, or engage in any fraudulent activities.
Engage in any activity that impedes or restricts anyone's use or enjoyment of the Application, or which may harm the Company or its users, or expose them to liability.
Circumvent or attempt to circumvent any geographical restrictions, privacy measures, or other access controls, including the use of virtual private networks (VPNs) for such purposes.
Cause, or potentially cause, damage, disruption, or impairment to the operation of the Application or any Decentralized Peer-to-Peer Internet Networking (DEPIN) applications, or engage in any unlawful, illegal, fraudulent, or harmful behavior.
Extract data or perform any unauthorized form of data scraping, or interfere with the network or protocol operations in any manner not expressly permitted by the Company.
Restrict or inhibit anyone's use or enjoyment of the Website or the Services, or which, as determined by us, may harm the platform, other participants, or expose them to liability. This includes access from specific prohibited jurisdictions such as Burma (Myanmar), Cuba, Iran, Sudan, South Sudan, Syria, the Western Balkans, Belarus, Democratic Republic of the Congo, Iraq, Lebanon, Liberia, Libya, North Korea, the Crimea region, Somalia, Venezuela, Yemen, or Zimbabwe, or if the user is listed as a Specially Designated National by the United States Office of Foreign Asset Control (OFAC).
Additionally, Users must not:
Misrepresent their identity or affiliation with any person or organization.
Engage in any behavior that violates applicable laws or regulations, infringes on any person’s legal rights, or promotes any illegal or immoral activities, including without limitation activities related to AI training or Copyright and Intellectual Property violations.
Use the network in a manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the network, or that could damage, disable, overburden, or impair the functioning of the network.
Attempt to bypass any content filtering techniques employed by the Company or access any services or areas of the network for which they are not authorized.
Employ robots, spiders, crawlers, scrapers, or any other automated means or interfaces not provided by the Company to access the network or extract data.
Monitoring and Enforcement; Termination
Enforcement Rights: The Company reserves the full right to undertake necessary legal actions, which may include but are not limited to referring matters to law enforcement authorities for any illegal or unauthorized usage of the network.
Termination and Suspension: The Company retains the authority to terminate or suspend access to all or any portion of the network at any time, for any reason, including but not restricted to breaches of these Terms of Use.
Cooperation with Law Enforcement: Without limiting the above, the Company shall fully cooperate with any law enforcement authorities or court orders that request or direct us to disclose the identity or other pertinent information of anyone utilizing our network. YOU AGREE TO WAIVE AND RELEASE THE COMPANY FROM ANY CLAIMS ARISING FROM ANY ACTIONS TAKEN BY THE COMPANY DURING OR AS A RESULT OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
The Company does not commit to pre-screening all materials before they are posted on the network and cannot guarantee the immediate removal of objectionable material after its transmission. Consequently, the Company assumes no liability for any actions or inactions concerning transmissions, communications, or content provided by any user or third party. Furthermore, the Company disclaims any liability or responsibility for the performance or nonperformance of the activities described in this section.
WARRANTY DISCLAIMER
Effective AI engages in the development of open-source software and does not directly offer, operate, or manage the Protocol. Our Services are intended to support participants' involvement with Artificial Intelligence (AI) and Decentralized Peer-to-Peer Internet Networking (DEPIN) applications, facilitating the decentralization of internet bandwidth and AI data collection networks. Users bear sole responsibility for their interaction with the Services, including all transactions and the use of information obtained through our platform. It is incumbent upon the User to ensure compliance with all relevant laws and regulations applicable to their use of the Services, particularly those related to data privacy, intellectual property rights, and international data transfers.
Users must acknowledge that Effective AI is not affiliated with, nor has our platform, services, or the software it incorporates been endorsed or reviewed by any regulatory authority concerning data privacy or cybersecurity.
The User understands that Effective AI cannot guarantee that files downloaded from the internet or through our Services will be devoid of viruses or other harmful code. Users are responsible for implementing sufficient measures to meet their specific needs regarding (1) the security and integrity of their web activities; (2) anti-virus protection and the accuracy of data input and output; (3) engagement with DEPIN applications and related blockchain technologies; and (4) maintaining external backups to recover any lost data.
TO THE FULLEST EXTENT PERMITTED BY LAW, EFFECTIVE AI SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, MAN-IN-THE-MIDDLE ATTACKS, VIRUSES, OR OTHER TECHNOLOGICAL HAZARDS THAT MAY INFECT USER’S COMPUTER EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPRIETARY MATERIAL AS A RESULT OF USING THE EFFECTIVE AI NETWORK, ITS SERVICES, OR DOWNLOADING MATERIAL POSTED ON IT, OR ON ANY LINKED SITES.
THE USE OF THE EFFECTIVE AI NETWORK, ITS DEPIN APPLICATIONS, AND ANY RELATED SERVICES IS SOLELY AT THE USER’S RISK. THE NETWORK AND ITS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
EFFECTIVE AI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE NETWORK OR ITS SERVICES. WE DO NOT GUARANTEE THAT ACCESS TO THE EFFECTIVE AI NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE INFORMATION PROVIDED WILL BE ACCURATE, RELIABLE, OR CURRENT; OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EFFECTIVE AI OR THROUGH THE NETWORK, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WE DO NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT, ADVERTISEMENTS, OR SERVICES PROVIDED THROUGH THE EFFECTIVE AI NETWORK OR ANY LINKED WEBSITES.
THESE DISCLAIMERS WILL NOT LIMIT OR EXCLUDE ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EFFECTIVE AI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, CONTRIBUTORS, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE, OR INABILITY TO USE, THE EFFECTIVE AI NETWORK, ITS APPLICATIONS, THE SERVICES, ANY WEBSITES LINKED THROUGH OUR SERVICES, OR ANY CONTENT ON THE EFFECTIVE AI NETWORK OR SUCH OTHER WEBSITES. THIS INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROFITS, BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, GOODWILL, DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY DAMAGES CAUSED BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIT, OR MANIPULATION), OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE NETWORK, SERVICES, THE DEPIN PROTOCOL, OR THE UNDERLYING TECHNOLOGIES OR FUNCTIONALITIES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF EFFECTIVE AI AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, CONTRIBUTORS.
Indemnification Clause
The User agrees to defend, indemnify, and hold harmless Effective AI, along with its affiliates, licensors, and service providers, as well as their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to: (1) the User's breach of these Terms of Use; (2) the User’s use of the Effective AI Network, its applications, or any other services provided by Effective AI, including but not limited to interactions with any DEPIN functionalities or reliance on content, services, and products accessed through the Effective AI Network, beyond what is expressly authorized by these Terms of Use; (3) the User's reliance on any information obtained from the Website; or (4) the use of the Effective AI Network or its applications by any third party accessing them with the User’s assistance or using any device or account owned or controlled by the User.
Arbitration and Class Arbitration Waiver
All disputes, controversies, or claims arising out of, relating to, or connected with the User’s use of the Website or the Services, or this Agreement—including those related to their interpretation, breach, invalidity, non-performance, or termination—will be definitively resolved through binding arbitration. This arbitration will be administered in New York, New York by the International Centre for Dispute Resolution, adhering to its applicable Arbitration Rules. A single arbitrator will preside, and to the fullest extent possible, proceedings will be conducted remotely.
Each party will bear its own expenses incurred during the arbitration, including attorney's fees, unless the arbitrator decides otherwise in the final award. The arbitration proceedings will be conducted in English. The prevailing party will be entitled to recover reasonable attorney’s fees and other costs incurred during the proceedings, in addition to any other relief granted.
Interim or provisional relief that might be available through a court will be obtainable in accordance with the ICDR rules. However, this does not prevent the parties from seeking preliminary injunctive relief from a competent New York court to prevent irreparable harm while arbitration is pending. The final arbitration award can be confirmed and enforced in any state or federal court located in New York, New York, with all parties waiving any objections to venue or forum non conveniens.
By law, the confidentiality of the arbitration proceedings and its results must be maintained by both parties and the arbitrator unless disclosure is legally required. The tribunal has authority over its own jurisdiction and the enforceability of any part of this arbitration agreement.
The parties agree that all claims must be brought on an individual basis, and the terms herein do not allow for class arbitration or any claims as a plaintiff or class member in any class or representative proceeding. The arbitral tribunal is not permitted to consolidate more than one person’s claims and cannot oversee any form of a class or collective proceeding. Should the bar on class arbitration be found invalid or unenforceable, the remaining portions of this agreement will still apply.
Limitation on Time to File Claims
All users must initiate any claims or actions arising from or related to these Terms of Use, or their use of the website, within one (1) year from the date the cause of action accrues. Failure to initiate such claims within this timeframe will result in the permanent barring of such claims, rendering them unclaimable in the future.
Waiver and Severability
No act of waiver by Effective AI regarding any specific term or condition of these Terms of Use shall be deemed an ongoing or extended waiver of such term or condition, nor shall it constitute a waiver of any other term or condition. Any failure by Effective AI to enforce a right or provision under these Terms of Use does not waive its right to do so later.
Should any provision of these Terms of Use be found invalid, illegal, or unenforceable by a court or other competent tribunal for any reason, that provision shall be modified or eliminated to the minimum extent necessary so that the remaining provisions of the Terms of Use will continue in effect and full force.
Entire Agreement
These Terms of Use, together with the Privacy Policy and any other documents incorporated by reference herein, constitute the complete and exclusive agreement between the User and Effective AI concerning the Website. This agreement supersedes all previous understandings, agreements, representations, and warranties, both written and oral, pertaining to the Website.
Changes to Terms
Effective AI reserves the right to revise and update these Terms of Use at its sole discretion. Changes become effective immediately upon posting to the Website and apply to all subsequent access to and use of the Website. However, modifications to the dispute resolution provisions detailed in the "Governing Law & Jurisdiction" section will not affect disputes of which the parties are already aware before the changes are posted on the Website.
Referral Program
Effective AI may offer a referral program that allows Users to earn rewards by introducing new Participants to the Services through a unique, customized referral link provided by Effective AI (the "Referral Program"). These Terms of Use govern the Referral Program. Attempts to manipulate or exploit the referral system may lead to the cancellation of accrued incentives and potential exclusion from the Referral Program.
Governing Law and Jurisdiction
All matters related to the Website and these Terms of Use, including any disputes or claims arising from or related to them (including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the State of Delaware, USA. This governance will apply without regard to any choice or conflicts of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.
Contact Us
If you have any questions about these Terms and Conditions, please reach out to us at hello@effectiveai.xyz.
