Terms of Use
THIS BETA TERMS OF USE (“AGREEMENT”) IS ENTERED INTO BY AND BETWEEN MULTION INC. (“COMPANY”) AND “BETA USER”.
Thank you for using MultiOn AI!
These Terms of Use apply when you (“BETA USER”) use the services of MULTION INC. or our affiliates (“COMPANY”), including our application programming interface, software, tools, developer services, data, documentation, and websites (“Services”). By using our Services, you agree to these Terms. Our Privacy Policy explains how we collect and use personal information.
Evaluation License. Subject to Beta User’s compliance with all of the terms and conditions of this Agreement, Company hereby grants Beta User a limited, non-exclusive, non-transferable, revocable license, without any right to sublicense, to access and use the Services and any related documentation provided by Company (together with the Services, the “Evaluation Materials”), solely for its internal and non-commercial use. Beta User’s use of the Services shall be strictly in accordance with any documentation provided by Company.
Restrictions. Beta User shall not directly or indirectly (a) use any of the Evaluation Materials or other confidential information of Company to create any product, software, documentation or data that is similar to the Services, (b) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code of any of Company’s software or services, or the underlying ideas, algorithms or trade secrets therein, (c) encumber, sublicense, transfer, rent, lease, time-share or use the Services in any service bureau arrangement or otherwise for the benefit of any third party, (d) copy, distribute, manufacture, adapt, create derivative works of, translate, localize, port or otherwise modify any Evaluation Materials, (e) use or allow the transmission, transfer, export, re-export or other transfer of any product, technology or information it obtains or learns pursuant to this Agreement (or any direct product thereof) in violation of any export control laws or regulations of the United States or any other relevant jurisdiction, (f) except as authorized by Company, disclose any performance or benchmarking information with respect to the Services to any third party, or (g) permit any third party to engage in any of the foregoing proscribed acts.
Feedback. Beta User may, from time to time and in its sole discretion, make suggestions for changes, modifications or improvements to the Services (“Feedback”). All Feedback shall be solely owned by Company (including with respect to all intellectual property rights) and shall also be Company’s confidential information. Beta User shall and hereby does make all assignments necessary to achieve such ownership. Beta User acknowledges and agrees that Company may use aggregated and anonymous data based on Beta User’s use of the Services; provided that none of the foregoing specifically identify Beta User. Any such materials produced using such aggregate data are the sole and exclusive property of Company.
Beta User Content. Beta User acknowledges and agrees that certain features of the Services may enable Beta User to provide through the Services certain information and content (“Beta User Content”). Beta User hereby grants Company a non-exclusive, perpetual, irrevocable, worldwide license to display, modify, distribute, perform and reproduce such Beta User Content for the purpose of making it available through the Services. Beta User expressly agrees that Company shall not be responsible for any accuracy, damage, deletion or destruction of Beta User Content.
Term; Termination. This Agreement shall commence on the date Beta User first accesses the Services and shall continue until terminated by either party as set forth herein. Company is free to terminate (or suspend access to) Beta User’s use of the Services for any reason in its discretion, including your breach of this Agreement. Company has the sole right to decide whether Beta User is in violation of any of the restrictions set forth in this Agreement. Upon termination, all rights granted to Beta User under this Agreement shall immediately cease and Beta User will promptly cease all use of the Evaluation Materials. Sections 2-11 shall survive termination of this Agreement.
Confidentiality. Beta User acknowledges and agrees that in the course of using and accessing the Services, you may obtain or develop information relating to the Services and/or Company, including without limitation the Services, Evaluation Materials, and other financial, business, legal, technical, product, marketing and customer information (collectively “Confidential Information”). Except for the specific rights granted by this Agreement, Beta User shall not use, possess, publish or otherwise disclose any Confidential Information without the prior written consent of Company. Beta User shall receive the Confidential Information in strict confidence, and use all reasonable efforts to protect the Confidential Information and any other proprietary or confidential information disclosed to it by Company (including ensuring that its employees and contractors who access the Confidential Information (a) have a need to know for the purposes permitted hereunder and (b) are bound by written obligations that are at least as protective of the Confidential Information as this Agreement) Beta User shall bear responsibility for any breach of confidentiality by its employees and contractors. Beta User agrees to keep confidential the fact that it is evaluating the Services and the results of Beta User’s use and evaluation of the Services, and all reports and records pertaining thereto, shall be considered Confidential Information for the purposes of the confidentiality provisions of this Agreement.
Ownership. As between the parties, Company owns and retains all rights, title, and interest, including all related Intellectual Property Rights, in the Services, and any technology, templates, materials or software used to provide the Services. This Agreement does not transfer ownership rights of any kind in the Services, or any related materials to Beta User or any third party. The Company name, the Company logo, and the product names associated with the Services are trademarks of Company or third parties, and no right or license is granted to use them. Beta User may not use Company’s name or trademarks without the prior written consent of Company. "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
Aggregate Data. Beta User acknowledges and agrees that Company may freely use aggregated and anonymous data based on Beta User’s use of the Services, including without limitation any such data generated from Beta User Content. Any materials produced using such data are the sole and exclusive property of Company.
No Warranties. BETA USER ACKNOWLEDGES AND AGREES THAT THE SERVICES IS EXPERIMENTAL AND PRELIMINARY, AND THE EVALUATION MATERIALS ARE provided “AS IS” without warranty OF ANY KIND. WITHOUT LIMITING THE FOREGOING, COMPANY makes no promise that USE OR OPERATION OF THE Services OR ANY OF THE DATA OR OTHER mATERIALS PROVIDED HEREUNDER will (I) MEET BETA USER’s REQUIREMENTS OR EXPECTATIONS, (II) RESULT IN ANY OUTCOME, (iii) be SECURE, TIMELY, UNINTERRUPTED OR error-free, OR (iv) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY HEREBY disclaims all warranties, EXPRESS OR IMPLIED, EITHER IN FACT, BY OPERATION OF LAW, STATUTORY OR OTHERWISE, REGARDING THE EVALUATION MATERIALS, including WITHOUT LIMITATION, the implied warranties of title, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE and non-infringement AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Limited Liability. Regardless of the form of any claim or action, COMPANY will not be LIABLE with respect to the subject matter of this agreement for any (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS of USE OR data, or COST OF SUBSTITUTE TECHNOLOGY, GOODS or SERVICES, (C) INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR INVESTMENT LOSSES or (D) damages, IN THE AGGREGATE, in excess of ONE HUNDRED DOLLARS ($100.00). EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THIS AGREEMENT ARE MATERIAL, BARGAINED FOR BASES OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.
General. This Agreement constitutes the entire agreement, and supersedes all prior negotiations, understandings or agreements (oral or written), between the parties about the subject matter of this Agreement. Company reserves the right to amend, modify or change this Agreement at any time and will use commercially reasonable efforts to notify Beta User of the same. If Beta User uses the Services in any way after such changes are effective, then Beta User will be deemed to have agreed to all of the changes. Except for the foregoing, no change, consent or waiver under this Agreement will be effective unless in writing and signed by Company and Beta User. Beta User may not assign or transfer any of its rights or obligations hereunder without the prior written consent of Company, and any purported assignment in violation of this section shall be void. The parties are independent contractors under this Agreement, and nothing herein shall constitute either party as the employer, employee or agent of the other party, or both parties as joint venturers or partners for any purpose. Any breach of this Agreement will cause not only financial damage, but also irreparable harm to Company for which money damages will not be an adequate remedy. In addition to Company’s other rights and remedies, Beta User agrees that Company will be entitled to an injunction or similar equitable relief against any breach or threatened breach, without the necessity of posting any bond. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement otherwise remains in full force and effect and enforceable. The failure of either party to act with respect to a breach of this Agreement by the other party shall not constitute a waiver and shall not limit such party’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed in accordance with the laws of California, without regard to its conflicts of laws provisions, and the parties consent to exclusive jurisdiction and venue in the state and federal courts located in the State of California.
Paid Accounts
Billing. If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
Service Credits. You can pay for some Services in advance by purchasing service credits. All service credits are subject to our.
Cancellation. You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.
Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.