Terms of Use
Welcome to www.shutout.ai (including its subdomains, content, trademarks,and services, collectively referred to as the “Site”). Please carefully review the following Terms of Use before accessing or using the Site, as they outline your legal rights and obligations with respect to Shutout AI, Inc. (“Shutout AI” “we,” “our,” or “us”). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, as well as our Privacy Policy (together referred to as the “Terms”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted by applicable law. If you do not agree to these Terms, please refrain from using the Site.
1. Purpose of the Site
The Site is intended to provide information about Shutout AI, including details about our products and services, such as our video analytics products.
2. Modifications
We reserve the right, at our sole discretion, to modify these Terms at any time. Any changes will become effective ten (10) days after the revised Terms are posted on the Site. Your continued use of the Site after such changes have taken effect indicates your acceptance of the updated Terms.
3. Eligibility
The Site is intended for individuals aged thirteen (13) years or older. If you are under 13years old, please do not use the Site. If you are between 13 and 18 years old, you must review these Terms with a parent or guardian to ensure that you and your parent or guardian understand and agree to them.
4. Access to the Site
While these Terms are in effect, we grant you permission to access and use the Site, provided that you comply with these Terms and applicable laws.
5. Restrictions
You agree not to:• (i) Copy, distribute, or modify any part of the Site without our prior written consent;
• (ii) Use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download, or otherwise), reproduce, distribute, display, or disclose content from the Site (“Content”) except as expressly permitted herein;
• (iii) Disrupt servers or networks connected to the Site;
• (iv) Use or deploy any automated systems (including, but not limited to, “robots” and “spiders”) to access the Site;
• (v) Circumvent, disable, or interfere with security-related features of the Site or features that restrict the use or copying of Content or enforce limitations on the use of the Site.
6. Payments
We may offer various products and services for purchase (“Services”). Your purchase may be subject to foreign exchange fees or price differences based on your location (e.g., exchange rates). We may store and continue billing your payment method (e.g., credit card) even after it has expired. All purchases of paid Services are subject to the applicable agreement with Shutout AI. You can request a copy of your invoice by contacting us at trey@shutout.ai.
7. Intellectual Property Rights
• 7.1 Content and Marks: The content on the Site, including but not limited to text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”), as well as Personal Information (as defined in the Privacy Policy), and the trademarks, service marks, and logos contained therein (“Marks”), are the property of Shutout AI and/or its licensors. These materials may be protected by applicable copyright and other intellectual property laws and treaties. “Shutout AI,” the Shutout AI logo, and other marks are trademarks of Shutout AI or its affiliates. All other trademarks, service marks, and logos used on the Site are the property of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
• 7.2 Use of Content: Content on the Site is provided for informational and personal use only. You may not use, modify, copy, distribute, transmit, broadcast, display, sell, license, decompile, or otherwise exploit the Content for any other purpose without our prior written consent. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein.
8. Information Accuracy
We strive to provide accurate information on the Site. However, we cannot guarantee that the Content is accurate, complete, reliable, current, or error-free. We reserve the right to make changes to the Content or any part thereof at any time without notice. Your use of the Content is at your own risk.
9. Privacy
We will use any personal information collected or obtained in connection with the Site in accordance with our Privacy Policy, which is available at https://www.shutout.ai/privacy. By using the Site, you agree that we may use your personal information in accordance with the Privacy Policy.
10. Warranty Disclaimers
• 10.1 This section applies regardless of whether the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so some exclusions set forth herein may not apply.
• 10.2 THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.SHUTOUT AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SHUTOUT AI DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT SHUTOUT AI WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION, OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE, OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
• 10.3 EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, SHUTOUT AI DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE SECURITY OF ANY INFORMATION YOU PROVIDE OR ACTIVITIES YOU ENGAGE IN WHILE USING THE SITE.
11. Limitation of Liability
• 11.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHUTOUT AI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, OR REPUTATION, ARISING UNDER THESE TERMS OR FROM YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF SHUTOUT AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so these limitations may not apply to you.
• 11.2 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SHUTOUT AI FOR ANY DAMAGES ARISING UNDER THESE TERMS OR FROM YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED (A) THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO SHUTOUT AI FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM, IF ANY. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL PART OF THE BARGAIN BETWEEN YOU AND SHUTOUT AI AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G., WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. Indemnity
You agree to defend, indemnify, and hold Shutout AI harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) your violation of these Terms; (iii) your violation of any third-party rights, including, without limitation, any intellectual property rights or privacy rights; or (iv) any damage of any sort, whether direct, indirect, special, or consequential, you may cause to any third party with respect to the Site. This defense and indemnification obligation will survive these Terms and your use of the Site.
13. General
• 13.1 These Terms do not create any agency, partnership, employment, or joint venture relationship between you and Shutout AI.
• 13.2 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Shutout AI without restriction or notification to you.
• 13.3 Any failure to enforce any provision of these Terms shall not be considered a waiver of the right to enforce such provision.
• 13.4 If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions of these Terms shall remain in full force and effect.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law rules.
16. Contact Us
If you have any questions about the Site or these Terms, please contact us at: trey@shutout.ai.