WEBSITE TERMS OF USE
By accessing and using our website, including our blog, white papers, and other resources, you agree to comply with and be bound by the following terms and conditions. These terms govern your use of our online content and resources and do not extend to the use of our products.
These Terms and Conditions of Use (the "Terms of Use") apply to the Sairis website located at sairis.ai and all associated sites linked to Sairis.ai by Sairis, its subsidiaries, and affiliates, including Sairis sites around the world (collectively, the "Site"). The Site is the property of Sairis LLC. ("Sairis" or “Company”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Sairis reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Sairis grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
1.1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Sairis, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
1.2. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Sairis’ express prior written consent.
1.3. You may use information on Sairis’ products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Sairis for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
1.4. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
1.5. Sairis provides access to Sairis international data and, therefore, may contain references or cross references to Sairis products, programs and services that are not announced in your country. Such reference does not imply that Sairis in your country intends to announce such products, programs or services.2.1. You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Sairis reserves the right to bar any such activity.
2.2. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Sairis server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
2.3. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Sairis, including any Sairis account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
2.4. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Sairis’ systems or networks, or any systems or networks connected to the Site or to Sairis.
2.5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
2.6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Sairis on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
2.7. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Sairis or others.3.1. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
3.2. Sairis’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
3.3. Sairis may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Sairis makes no commitment to update the materials on the Site with respect to such products and services.
3.4. Your use of the Site is also governed and influenced by other relevant terms, policies, and agreements referenced throughout the site’s services, and products, and are incorporated by this reference and this term of use agreement should not be interpreted as an overriding alternative to any such terms, policies, and agreements and should a competent court of law find contradiction between this terms of use agreement and any other terms, policies, and agreements found, the relevant agreement for the context upon which the court of law is considering will be used.4.1. Certain features or services offered on or through the Site may require you to open an account (including setting up an Username ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Sairis immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Sairis or any other user of or visitor to the Site due to someone else using your User ID, password or account as a result of your failing to keep your account information secure and confidential.
4.2. You may not use anyone else’s User ID, password or account at any time without the express permission and consent of the holder of that User ID, password or account. Sairis cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.5.1. Sairis’ Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Sairis’ Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
6.1. This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Sairis’ control, and Sairis is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
7.1. SAIRIS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SAIRIS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SAIRIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SAIRIS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SAIRIS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SAIRIS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
7.2. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
7.3. Sairis reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.8.1. Except where prohibited by law, in no event will Sairis be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Sairis has been advised of the possibility of such damages.
8.2. If, notwithstanding the other provisions of these Terms of Use, Sairis is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Sairis’ liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Sairis (but not including the purchase price for any Sairis hardware or software products or any similar support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.9.1. You agree to indemnify and hold Sairis, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Sairis by any third party due to or arising out of or in connection with your use of the Site.
10.1. Sairis may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Sairis’ rights or property, or the rights or property of visitors to or users of the Site, including Sairis’ customers. Sairis reserves the right at all times to disclose any information that Sairis deems necessary to comply with any applicable law, regulation, legal process or governmental request. Sairis also may disclose your information when Sairis determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
10.2. You acknowledge and agree that Sairis may preserve any transmittal or communication by you with Sairis through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Sairis determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Sairis, its employees, users of or visitors to the Site, and the public.
10.3. You agree that Sairis may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Sairis, for which monetary damages would be inadequate, and you consent to Sairis obtaining any injunctive or equitable relief that Sairis deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Sairis may have at law or in equity.
10.4. You agree that Sairis may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
10.5. If Sairis does take any legal action against you as a result of your violation of these Terms of Use, Sairis will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Sairis. You agree that Sairis will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.11.1. Sairis administers and operates the Site from its headquarters and in various locations of applicable and authorized employees throughout the United States; other Sairis sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Sairis reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
12.1. Sairis Contracting Entity, Notices, Governing Law, and Venue. This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the state of Colorado in the United States of America. Each Party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.
12.2. Arbitration. Except as otherwise provided in the Contract, any claim, controversy or dispute of whatever nature between or among any of the Parties arising out of or relating to the Contract shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) according to the Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator mutually selected by the Parties. If the Parties cannot agree on an arbitrator within thirty (30) days from the filing of a demand for arbitration with the AAA, the arbitrator shall be chosen pursuant to the Commercial Rules.
12.3. Translations. If this Agreement is translated into languages other than English, the English version will control.
12.4. Waiver. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right.
12.5. Severability. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Sairis with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Sairis with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Sairis, Sairis will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Sairis’ failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Sairis of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Sairis and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.13.1. Sairis may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national and international laws, and any agreement we may have with you. For these purposes we may contact you through various means including, but not limited to email, telephone, text messages, and postal mail.
13.2. Any feedback you provide at this site shall be deemed to be non-confidential. Sairis shall be free to use such information on an unrestricted basis.
Updated by the Sairis legal team on May 30, 2024.
For additional inquiries contact: legal@sairis.ai