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Copyright ©2022 - Present, Deep Insight Solutions, dba BOSS AI. All rights reserved. Copyrights for Open Source technologies used within our platform are located here: https://community.lucd.ai/hc/en-us/articles/360037806332-Open-Source-Copyrights-and-Licenses.
This End User License Agreement (“EULA”) is a binding agreement between you (“End User” or “you”) and LUCD. This EULA governs your use of the Lucd Platform.
BY DOWNLOADING LUCD SOFTWARE OR UTILIZING BOSS SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA; (B) REPRESENT THAT YOU ARE [18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT]; AND (C) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE SOFTWARE OR USE THE SERVICES.
The terms of this EULA apply to the Services or any of the services accessible through the BOSS Platform(“Services”), including any updates or supplements, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Services, the terms of an open-source license may override some of the terms of this EULA.
The terms of our privacy policy, from time to time, available on our website: www.askboss.ai (“Privacy Policy”) apply to Services. Additionally, by using the Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted, and you waive any and all claims against Lucd for loss, liability or expense that may result therefrom.
In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive right to use the Services, subject to these terms, the Privacy Policy, incorporated into this EULA by reference. We reserve all other rights.
Nothing in this Agreement shall be construed as an implied grant of any right to, and you shall not, and shall not permit any third party to:
(a) copy or modify the Services or the software contained therein, in whole or in part;
(b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service;
(c) reverse engineer, disassemble, decompile, decode, or adapt the Services and any software integrated therein, or otherwise attempt to derive or gain access to the source code incorporated in or related to the Services, in whole or in part;
(d) bypass or breach any security device or protection used for or contained in the Services;
(e) remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, terms of the Services or any related documentation, warranties, disclaimers, or intellectual property rights, proprietary rights, or other symbols, notices, marks, or serial numbers on or relating to any of the Services or related documentation;
(f) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, unless such use is in accordance with the BOSS’s written instructions;
(g) use the Services for purposes of benchmarking or competitive analysis of the Services;
(h) use the Services in connection with the design, construction, maintenance, operation or use of competitive systems or applications for internal use;
(i) input, upload, transmit or otherwise provide any information or materials that are unlawful or injurious, or contain, transmit or activate any virus, worm, malware or other malicious computer code; and
(j) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm the Services in any manner, in whole or in part; and
(k) use the Services in any other manner or for any other purpose not expressly permitted by this EULA.
You may not remove or export from the United States or allow the export or re-export of the Services, Services or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control or any other United States or foreign agency or authority, including but not limited to the International Traffic in Arms Regulations and the Export Administration Regulations.
You shall make no representations or warranties regarding the Services or any other matter, to any other third party, from or on behalf of BOSS, and you shall not create or purport to create any obligations or liabilities for Lucd.
The term of EULA commences when you install the software and will continue in effect until terminated by you or Lucd.
Lucd may terminate this EULA at any time without notice if it ceases to support the software. In addition, this EULA will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this EULA. Upon termination: (i) all rights granted to you under this EULA will also terminate; and (ii) you must cease all use of the Services and delete all copies of the Services from your Device and account. Termination will not limit any of BOSS’s rights or remedies at law or in equity.
WARRANTY AND DISCLAIMER. BOSS shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions to the Services and shall perform the Services in a professional and workmanlike manner. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Lucd or by third-party providers, or because of other causes beyond BOSS’s reasonable control, but BOSS shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTY AND REMEDIES EXPRESSLY SET FORTH IN THESE TERMS ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, AND BOSS SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES AND REMEDIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE OR ANY WARRANTIES RELATING TO SECURITY. THE SERVICES ARE PROVIDED “AS IS” AND THERE IS NO WARRANTY OR REPRESENTATION THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT THE SERVICES WILL BE FREE FROM INFRINGEMENT OR VIOLATION OF ANY PATENT, COPYRIGHT, TRADE SECRET, OR ANY OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BOSS OR ANY OF ITS SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT AND SERVICES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LUCD WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Binding Individual Arbitration. In the event a dispute between the Parties arises out of this EULA, they shall attempt to resolve the dispute through good faith negotiations during a period of sixty (60) days (or such other time period as the Parties may agree in writing) after a Party first gives written notice of the dispute to the other Parties. If the Parties are unable to resolve the dispute, either Party may give the other Party notice of impasse and terminate the dispute review process and shall thereafter promptly submit the dispute to binding arbitration. Any such arbitration shall be conducted by the American Arbitration Association (“AAA”) in accordance with its current Commercial Arbitration Rules (the “AAA Rules”) by a single arbitrator having fifteen or more years of experience in the primary area of law to which the dispute relates, and shall be appointed in accordance with the AAA Rules. The arbitration shall be conducted at a reasonably satisfactory location within the greater metropolitan area of Nashville, Tennessee, or such other place as the Parties may mutually agree. Except as may be necessary for a Party’s compliance with any applicable statutory or regulatory provisions or as may be necessary in court proceedings to enforce this arbitration provision or an award rendered here under, to obtain interim injunctive relief, or as otherwise required by law, neither Party nor any arbitrator shall make a public disclosure of the existence, content or results of any arbitration conducted hereunder without the prior written consent of the other Party. To the extent that the relief or remedy granted in an award rendered by the arbitrator is relief or a remedy on which a court could enter judgment, a judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Otherwise, the award shall be binding on the Parties in connection with their obligations under this EULA and in any subsequent arbitration or judicial proceedings among the Parties.
This End User License Agreement (“EULA”) is a binding agreement between you (“End User” or “you”) and LUCD. This EULA governs your use of the Lucd Platform.
BY DOWNLOADING LUCD SOFTWARE OR UTILIZING BOSS SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA; (B) REPRESENT THAT YOU ARE [18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT]; AND (C) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE SOFTWARE OR USE THE SERVICES.
The terms of this EULA apply to the Services or any of the services accessible through the BOSS Platform(“Services”), including any updates or supplements, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Services, the terms of an open-source license may override some of the terms of this EULA.
The terms of our privacy policy, from time to time, available on our website: www.askboss.ai (“Privacy Policy”) apply to Services. Additionally, by using the Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted, and you waive any and all claims against Lucd for loss, liability or expense that may result therefrom.
In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive right to use the Services, subject to these terms, the Privacy Policy, incorporated into this EULA by reference. We reserve all other rights.
Nothing in this Agreement shall be construed as an implied grant of any right to, and you shall not, and shall not permit any third party to:
(a) copy or modify the Services or the software contained therein, in whole or in part;
(b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service;
(c) reverse engineer, disassemble, decompile, decode, or adapt the Services and any software integrated therein, or otherwise attempt to derive or gain access to the source code incorporated in or related to the Services, in whole or in part;
(d) bypass or breach any security device or protection used for or contained in the Services;
(e) remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, terms of the Services or any related documentation, warranties, disclaimers, or intellectual property rights, proprietary rights, or other symbols, notices, marks, or serial numbers on or relating to any of the Services or related documentation;
(f) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, unless such use is in accordance with the BOSS’s written instructions;
(g) use the Services for purposes of benchmarking or competitive analysis of the Services;
(h) use the Services in connection with the design, construction, maintenance, operation or use of competitive systems or applications for internal use;
(i) input, upload, transmit or otherwise provide any information or materials that are unlawful or injurious, or contain, transmit or activate any virus, worm, malware or other malicious computer code; and
(j) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm the Services in any manner, in whole or in part; and
(k) use the Services in any other manner or for any other purpose not expressly permitted by this EULA.
You may not remove or export from the United States or allow the export or re-export of the Services, Services or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control or any other United States or foreign agency or authority, including but not limited to the International Traffic in Arms Regulations and the Export Administration Regulations.
You shall make no representations or warranties regarding the Services or any other matter, to any other third party, from or on behalf of BOSS, and you shall not create or purport to create any obligations or liabilities for Lucd.
The term of EULA commences when you install the software and will continue in effect until terminated by you or Lucd.
Lucd may terminate this EULA at any time without notice if it ceases to support the software. In addition, this EULA will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this EULA. Upon termination: (i) all rights granted to you under this EULA will also terminate; and (ii) you must cease all use of the Services and delete all copies of the Services from your Device and account. Termination will not limit any of BOSS’s rights or remedies at law or in equity.
WARRANTY AND DISCLAIMER. BOSS shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions to the Services and shall perform the Services in a professional and workmanlike manner. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Lucd or by third-party providers, or because of other causes beyond BOSS’s reasonable control, but BOSS shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTY AND REMEDIES EXPRESSLY SET FORTH IN THESE TERMS ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, AND BOSS SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES AND REMEDIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE OR ANY WARRANTIES RELATING TO SECURITY. THE SERVICES ARE PROVIDED “AS IS” AND THERE IS NO WARRANTY OR REPRESENTATION THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT THE SERVICES WILL BE FREE FROM INFRINGEMENT OR VIOLATION OF ANY PATENT, COPYRIGHT, TRADE SECRET, OR ANY OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BOSS OR ANY OF ITS SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT AND SERVICES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LUCD WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Binding Individual Arbitration. In the event a dispute between the Parties arises out of this EULA, they shall attempt to resolve the dispute through good faith negotiations during a period of sixty (60) days (or such other time period as the Parties may agree in writing) after a Party first gives written notice of the dispute to the other Parties. If the Parties are unable to resolve the dispute, either Party may give the other Party notice of impasse and terminate the dispute review process and shall thereafter promptly submit the dispute to binding arbitration. Any such arbitration shall be conducted by the American Arbitration Association (“AAA”) in accordance with its current Commercial Arbitration Rules (the “AAA Rules”) by a single arbitrator having fifteen or more years of experience in the primary area of law to which the dispute relates, and shall be appointed in accordance with the AAA Rules. The arbitration shall be conducted at a reasonably satisfactory location within the greater metropolitan area of Nashville, Tennessee, or such other place as the Parties may mutually agree. Except as may be necessary for a Party’s compliance with any applicable statutory or regulatory provisions or as may be necessary in court proceedings to enforce this arbitration provision or an award rendered here under, to obtain interim injunctive relief, or as otherwise required by law, neither Party nor any arbitrator shall make a public disclosure of the existence, content or results of any arbitration conducted hereunder without the prior written consent of the other Party. To the extent that the relief or remedy granted in an award rendered by the arbitrator is relief or a remedy on which a court could enter judgment, a judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Otherwise, the award shall be binding on the Parties in connection with their obligations under this EULA and in any subsequent arbitration or judicial proceedings among the Parties.