TERMS AND CONDITIONS
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by GAD.AI, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE GAD.AI WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GAD.AI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE GAD.AI WEB SITE AT ANY TIME.
GAD.AI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE GAD.AI WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GAD.AI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
GAD.AI may provide Client with one or more services, included but not limited to, following: Website Design & Development and affiliated products/services, Internet Marketing, Mobile Application Development, Content Development, and/ or Maintenance and Support Services. Unless explicitly stated otherwise, any new feature that augments or enhances the Services shall be considered to be part of the Services. GAD.AI reserves the right to modify, suspend or discontinue the Services (or any part thereof), based on non-cooperation, non-payment, or unwanted delay from client, at any time, without notice. Client expressly agrees that Client, or any related third party, shall not hold GAD.AI or its suppliers liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the Services.
GAD.AI is not liable for any losses caused by any software that is created for the client. Though we take every care to ensure the products are accurate and error-free, the ultimate responsibility remains with the Client to ensure that all products and software are functioning properly before use.
Where site and applications are developed on servers that are not provided by GAD.AI, the Client will be responsible to provide and/ or seek any information, support, additional software and/ or co-operation relating to the server required for application to be developed correctly. For developing large applications, the Client will be responsible for providing a suitable testing environment, identical to the Client’s final production environment.
Any application or programming pertaining to a website developed by GAD.AI, the Client is expected to fully test them before making the same generally available for use. GAD.AI will endeavor but not obliged to correct errors, “bugs” or other issues are found in the website developed by us after the site is live to meet the standards of site’s function outlined in the brief.
We will make every effort to ensure that the design of the website and any other work done by us is error free; however, GAD.AI will accept any responsibility for losses incurred because of malfunction of the website or any part of it. GAD.AI will be the rightful owner of the web server, website, graphics, content, and any programming code until the Client pays all outstanding accounts in full. Any work done by GAD.AI will remain our property and copyright of GAD.AI, unless otherwise agreed, and may be resold or commercially reproduced only with the permission of GAD.AI.
GAD.AI will not be liable for any copyright infringements that are caused due to materials submitted by the client.
Any additions to the brief where GAD.AI makes no charge will be done at the sole discretion of GAD.AI and for such additions GAD.AI will not accept any responsibility to ensure that such additions are error free. We reserve the right to charge the Client accordingly for any correction to these additions or for further additions.
GAD.AI will not be responsible for any loss of earnings, compensation or costs incurred due to any work carried out by the Client, on behalf of the Client, or by any third-party agents appointed by the Client.
GAD.AI is not liable for loss of earnings, compensation or costs incurred because of the unavailability of the website, servers, software or other material provided by its agents.
In the interest of honesty and transparency we want to give you information about the links on this website. Some, not all, of these links are affiliate links which means if you sign up for, or purchase something, after clicking on the link we will get a commission or bonus in some way. The price of the product being purchased does not change whether you use the link or not.
If we give a suggestion of a product or service on our website, it is because we have used it. We truly love what we do and helping people in the process.
If you do not need what we recommend, or it won’t help you to reach your goals you are not obliged to purchase – and you shouldn’t. Similarly if you do not wish to support us, or this site, then you are welcome to navigate to the product or service page by yourself.
If you have any questions about the affiliate links please contact us at Hello@gad.ai.
The design of this Website, the Website as a whole, and all materials that are part of and content contained on the Website, including photographic images (collectively “Content”) are copyrights, trademarks, trade dress and other intellectual properties owned, controlled or licensed solely by GAD.AI and are the property of GAD.AI. You may store, print and display the Content supplied solely for your own personal, non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of any such copying or use. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content on the Website. Any use of the Content without GAD.AI’ express written consent is strictly prohibited.
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to GAD.AI will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by GAD.AI, unless you have been specifically allowed to do so in a separate agreement with GAD.AI.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with GAD.AI, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that GAD.AI has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which GAD.AI may suffer) of any such breach.
The Client shall obtain and maintain all necessary licenses and consents and comply with all relevant legislation, including Data Legislation, in relation to the Services, before the date on which the Services are to start. The Client shall comply, and ensure that all of the Data and all use of the Services complies, in all respects, with all regulations, directions, codes of practice and other rules and guidelines, mandatory or otherwise, promulgated from time to time by regulators (collectively, “Codes”) including, without limitation, those of the Mobile Marketing Association.
The Client acknowledges that GAD.AI will monitor and record each account’s usage of the Services, to include any campaigns sent or data processed, for the purposes of ensuring legal compliance and anti-spam measures.
If GAD.AI’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of the Client, its agents, sub-contractors or employees, GAD.AI shall not be liable for any costs, charges or losses sustained or incurred by the Client arising directly or indirectly from such prevention or delay.
The Client shall be liable to pay to GAD.AI, on demand, all reasonable costs, charges or losses sustained or incurred by GAD.AI (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Client’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under this Agreement, subject to GAD.AI confirming such costs, charges and losses to the Client in writing.
Any and all content contributed by the User in connection to our Services, including all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, reviews, suggestions, ideas, concepts, questions, data or other content (the "User Content") is the responsibility of the User, not GAD.AI, and is deemed non-confidential and nonproprietary.
By submitting or posting any User Content, you grant to GAD.AI and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or non-commercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. GAD.AI shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. GAD.AI retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Services, on your social media accounts or through any tools we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by GAD.AI, you will furnish GAD.AI any documentation, substantiation, or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold GAD.AI and its employees, agents, affiliates, assigns, and licensees harmless from any and all damages, claims, expenses, costs, or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
GAD.AI HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST GAD.AI FOR SUCH REMOVAL AND/OR DELETION. GAD.AI IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SERVICES. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT, OR INFORMATION YOU POST ON THE SERVICE OR ANY OTHER SITES OR PLATFORMS.
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Prices for our services are subject to change without notice. GAD.AI reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You may end your use of the services by contacting us or cancelling by emailing to Hello@gad.ai. Upon confirmation of your request your account will be cancelled. Some of your information regarding use and activity of the services may be retained for a period of time in order to improve the quality and function of services; however this will be kept anonymously. Extended periods of inactivity may result in your account being terminated. From time to time we may contact you to ask you to confirm that you still wish to receive the services. If a response is not received we may choose to terminate your account.
For the benefit and security of our users, and to comply with applicable laws the following guidelines dictate the basic use of our services. If there is any reason to believe that these rules have been violated at any time we reserve the right to terminate your account. If any applicable laws have been broken we reserve the right to report these incidents to appropriate authorities, providing supporting information if required. (A) Providing Accurate Information: You agree to provide true, accurate and complete information about yourself, as requested in the Service registration form and account set-up forms and you agree not to misrepresent your identity or your account information. Accurate personal details including email, telephone numbers and routes enable us to provide the correct Services to you. You agree to keep your registration and account information up to date and accurate. You will validate your email and SMS number by responding to a message we send to each address: this protects you from any other user inadvertently (or even maliciously) entering your contact details and causing the system to send you unwanted alerts. (B) Guard Your Password: You will be asked to choose a password when registering to use the Service. You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur using your password or account. Please notify the Service Providers immediately of any unauthorized use of your password or account or any other breach of security. The Service Providers will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s password at any time. (C) Obey the Law: You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the rights of others. (D) Restrictions on Commercial Use or Resale: Your right to use the Service is personal to you; therefore, you agree not to resell or make any commercial use of the Service. (E) Proprietary Rights: You acknowledge and agree that the Service Providers and their Licensors own all rights to this Website and the content displayed on the site. You are only permitted to use this content as expressly authorized by the Service. You may not copy, reproduce, distribute, or create derivative works from this content other than for your own use. Further, you agree not to reverse engineer or reverse compile any of our technology, including but not limited to, any Java client-side programs associated with the Service.
You acknowledge and agree that GAD.AI may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at GAD.AI’s sole discretion, without prior notice to you. You may stop using the Services at any time, if you want to remove yourself from the services provided by GAD.AI, you should suspend, cancel or delete your account as appropriate and/or contact us. If you have signed up to our SMS/Email services you will only stop receiving SMS/Email when you have adjusted your account as appropriate.
You acknowledge and agree that if GAD.AI disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
The Site may contain links to websites and other resources operated by third parties other than GAD.AI. Such links are provided solely as a convenience to you. GAD.AI does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. Unless otherwise specified, the inclusion of links to such websites on the Sites does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
By using the Services, you agree to indemnify, hold harmless, and defend GAD.AI, and its affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives, and affiliates (collectively, the “GAD.AI Indemnitees”) from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use, misuse or access to the Services including any data or content transmitted or received by you; (ii) a dispute with a User; (iii) your breach of any terms of these Terms, including without limitation your breach of any of the representations and warranties above; (iv) your violation of any applicable law, rule or regulation or the rights of a third party; (v) your User Content; (vi) your willful misconduct, or (vii) any other party’s access and use of the Services with your unique username, password or other appropriate security code. You agree to cooperate as fully as reasonably required in the defense of any claim. GAD.AI reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the GAD.AI Indemnitees.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAD.AI OR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OR ACCESS THE SERVICES OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY GAD.AI WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF GAD.AI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. UNDER NO CIRCUMSTANCES WILL GAD.AI BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAD.AI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES OR PRODUCTS PURCHASED BY YOU; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL GAD.AI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO GAD.AI HEREUNDER OR USD $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GAD.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The law applicable to the interpretation and construction of these Terms and Conditions and any transaction (including purchases made on this Website) using or related to the Website, shall be the laws of the State of Florida, USA without regard to principles of conflict of laws. You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Florida. All proceedings relating to the Website, these Terms and Conditions, or any transaction, including the sale of any products, using this Website, shall be brought only in the state or federal courts of Florida, USA, and you and GAD.AI do hereby consent to the jurisdiction and venue of such courts.
If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms and Conditions will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles are for convenience only. The official language of these Terms and Conditions exclusively shall be English. All communications and agreements between GAD.AI and you and any proceedings in connection with these Terms and Conditions and/or your use of the site exclusively shall be made in English. GAD.AI and you waive any rights we each may have under any other law to have these Terms and Conditions written in another language. Any translation of these Terms and Conditions will be for convenience only.
For any questions or concerns about your use of our Services, please email us at Hello@gad.ai.