Terms of Service

These terms govern use of the Illium platform, console and APIs (the “Service”), provided by Illium AI, Inc. (“Illium”, “we”). By using the Service you agree to them. If you are agreeing on behalf of an organisation, you represent that you may bind it, and “you” means that organisation.

The Service is provided to business customers, and most commercial arrangements for it are made under a separate written agreement. If you have a written agreement with us, it governs to the extent it differs from these terms.

1. The Service

Illium provides its customers with access to its software platform and related interfaces, and to any equipment or software we supply for use with it. We may change, improve or discontinue features.

2. Accounts and credentials

You must be able to form a binding contract, and provide accurate registration information. You are responsible for the credentials issued to you or to equipment and software we supply, and for everything done with them. Keep them secure, and tell us promptly if you suspect any are compromised so we can revoke them. Access within your organisation is governed by the roles its administrators grant, and those administrators can see and change the access of everyone in it.

3. Data

Rights in information handled by the Service in connection with your use (“Platform Data”) are allocated by the written agreement between you and us. These terms alone neither grant you rights in Platform Data nor transfer rights in it to us, beyond the rights we need to operate, secure and support the Service and to comply with law.

Aggregated, de-identified statistics that cannot reasonably be used to identify you, your sites or any individual may be used to operate and improve the Service.

4. Your responsibilities

You are responsible for ensuring that your use of the Service, and of any equipment used with it, is lawful in every place you use it — including obtaining any consents and giving any notices that the law of that place requires — and for honouring the rights of individuals in information handled through your use.

5. Acceptable use

You will not: use the Service unlawfully or to harm or harass anyone; attempt to breach or probe its security or access another customer’s data; reverse-engineer it except where that right cannot lawfully be excluded; resell or provide it to a third party except as we agree in writing; or interfere with its operation.

We may suspend access without notice where necessary to protect the Service, other customers, or someone’s safety, and will restore it as soon as the cause is resolved.

6. Fees

Fees are as stated in your order or plan, exclusive of taxes, which you are responsible for other than taxes on our income. We may suspend the Service for material non-payment after notice.

7. Disclaimers

Except as expressly stated, the Service is provided “as is” and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, to the extent the law permits. Unless your order includes a written service-level commitment, the Service is provided without one.

Outputs of the Service may be incomplete or inaccurate. You must not rely on them as the sole basis for a decision affecting anyone’s safety, health, employment, housing, credit, insurance or legal rights, and you must not use the Service as a life-safety or emergency-response system.

8. Limitation of liability

To the extent the law permits, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue or data, however caused. Each party’s total liability arising out of these terms is limited to the amounts you paid or owed us for the Service in the twelve months before the event giving rise to the claim. These limits do not apply to your payment obligations or to liability that cannot lawfully be limited.

9. Indemnification

You will defend and indemnify us against third-party claims arising from your use of the Service, from information you supply to it, or from your breach of section 4 or 5. We must give you prompt notice, allow you to control the defence, and cooperate reasonably.

10. Intellectual property

We retain all rights in the Service, our software and our documentation. Feedback you give us about the Service may be used freely and without obligation.

11. Term and termination

These terms apply while you use the Service. Either party may terminate for material breach not cured within 30 days of notice. On termination your access ends; on written request within 30 days, we will make available for export any Platform Data that the agreement between us entitles you to. Sections 3 and 7 through 12 survive.

12. Changes and general

We may update these terms; material changes take effect 30 days after we post them here with a new effective date, and continuing to use the Service after that is acceptance.

These terms are governed by the laws of the State of California, without regard to conflict-of-laws rules, and the state and federal courts located in Santa Clara County, California have exclusive jurisdiction. Neither party may assign these terms except to a successor to its business. If a provision is unenforceable it is modified to the minimum extent necessary and the rest stands. A failure to enforce is not a waiver. Neither party is liable for delay or failure to perform, other than a payment obligation, caused by events beyond its reasonable control. These terms, with any order and any written agreement between us, are the entire agreement on this subject.

13. Contact

Illium AI, Inc.
2443 Fillmore St #380-6466
San Francisco, CA 94115
legal@illium.ai
illium.ai