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Terms of Service

 

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE OF ANDUIN, INC. AND ALL OF ITS SUBSIDIARIES, SUCCESSORS IN INTEREST AND ASSIGNS (COLLECTIVELY, “ANDUIN”, “US”, “WE”) BEFORE USING: www.anduin.ai (the “Site”), all related websites, products, services and related mobile applications (the “Services”). In order to enjoy all the benefits of the Site, you must register and become a member. You may visit the Site without registering. All users of this Site and the Services agree that access to and use of this Site and the Services is subject to the following terms and conditions and other applicable law.


You agree that by using this Site or the Services or creating an account, you are at least 18 years of age if you are a resident of the United States or otherwise the age of majority in your jurisdiction of residence.


It is your responsibility to review these Terms of Service periodically. We may revise these Terms of Service at any time without notice to you. If you do not agree to these terms and conditions, please do not use this Site or Services.

 

1. Site

a. The Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Anduin. You may not use any meta tags or any other "hidden text" utilizing Anduin's name or trademarks without the express written consent of Anduin. Any unauthorized use terminates the permission or license granted by Anduin.

b. We reserve the right to change any information, features and functions of the Site without prior notice. We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Service, our rights or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion.


2. Guidelines for Using the Services. Your use of the Services and the related licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines detailed on the Services. We may modify such guidelines in our sole discretion at any time. We reserve the right to terminate your account and access to the Services if it is determined that you have violated any such applicable guidelines.

 

3. Registration and Membership

a. To create an account or to become a member of our Site, complete the applicable registration form by providing information such as your valid email address and creating a password to register your profile. Each time you use your password or identification, you will be deemed to be authorized to access and use the Services in a manner consistent with these Terms of Service and Anduin has no obligation to investigate the authorization or source of any such access or use of the Services.

b. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SERVICES BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICES IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

c. You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of the security of the Site or Services.

d. As necessary to provide the Services, we will request your payment information. Where permitted by applicable law, you agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to our Privacy Policy, which is hereby incorporated into these Terms of Service.

 

4. Billing and Payments on the Services

a. Our Services enable our customers to invoice, collect and pay funds to their clients, including recurring payments if set up as such. If you are submitting funds using our Services, we accept the following bank or credit cards: Visa, MasterCard, American Express, and Discover. For your convenience, we will save your bank or credit card information to use for future payments, including recurring payments.

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b. You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your future purchases and subscriptions. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.

c. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement. We are also not responsible for any disputes between Anduin customers and their clients that may be accessing our Services to invoice, collect or pay funds.

5. Warranty Disclaimer EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE SERVICES OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ANDUIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANDUIN DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE, SERVICES OR THE SERVER THAT MAKES THE SITE AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANDUIN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

6. Limitation of Liability
ANDUIN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES ON THE SITE, EVEN IF ANDUIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

7. Copyright
The technology underlying the Site and Services and the entire contents of the Site and Services including, but not limited to, text, graphics, images, photographs, audio and video clips, digital downloads, data compilation or code is copyrighted under the United States and other copyright laws, and is the property of Anduin and protected by copyright and other intellectual property or proprietary rights. The work includes works that are licensed to Anduin. © 2021 Anduin, Inc. All rights reserved.

8. Trademarks
All trademarks, service marks and trade names of Anduin on the Site are trademarks or registered trademarks of Anduin or their respective owners. Our trademarks may not be used in any manner for any purpose without our express written consent.

9. The Privacy
Registration data and other information about you are subject to our Privacy Policy, which is incorporated herein by this reference. You understand that the technical processing and transmission of this Site may involve (a) transmission of your personal data over various networks; and (b) changes to your personal information in order to conform and adapt to technical requirements of connecting networks or devices. 

10. Miscellaneous

a. These Terms shall be governed and interpreted in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of laws principles and excluding the United Nations Convention on Contracts for the Sale of Goods. YOU AND ANDUIN AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION, RATHER THAN JURY TRIALS OR CLASS ACTIONS. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The foregoing shall not prevent Anduin from seeking injunctive relief in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

b. If any current or future provision of these Terms of Service is found invalid, void or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of any remaining provision of these Terms. If you are a representative of a company that is a customer of Anduin that has signed a separate agreement with Anduin (a “Customer Agreement”), then to the extent of any conflict between the terms of the Customer Agreement and these Terms of Service, the Customer Agreement shall govern. 

c. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. 

d. These Terms of Service are applicable to you upon your accessing this Site. The provisions relating to Copyrights, Trademark, Warranty Disclaimer, Limitation of Liability, Privacy and Miscellaneous, shall survive any termination of these Terms of Service.

e. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding the use of the Service.