Terms of Use

THESE TERMS OF USE CREATE A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN BOLA
TECHNOLOGIES, INC. (“BOLA AI” OR “WE” OR “US” OR “OUR”) AND THE USER OF
THE SERVICE ENTERING INTO THIS AGREEMENT (“YOU” OR “YOUR”). YOU SHOULD
CAREFULLY READ THIS AGREEMENT. THIS AGREEMENT GOVERNS YOUR USE OF THE
BOLA AI SOFTWARE (ALONG WITH ASSOCIATED AND SUCCESSOR, APPLICATIONS,
FEATURES, INFORMATION, AND SERVICES, OR ANY PART THEREOF, THE
“SERVICE”). BY USING OR ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY
THIS AGREEMENT.

1. . Changes to this Agreement. Except with respect to
   Section 7.4 (Mandatory Arbitration), Bola AI reserves the right, in
   its sole discretion, to change, modify, add to, supplement or delete
   any terms and conditions of this Agreement at any time; provided,
   however, that Bola AI will use reasonable efforts to provide you with
   notification of any material changes (as determined in Bola AI’s sole
   discretion) by email, postal mail, website posting, pop-up screen, or
   in-app notice. You should visit this page regularly to review this
   Agreement and learn if any terms have changed. If any future changes
   to this Agreement are unacceptable to you or cause you to no longer be
   in compliance with this Agreement, you must immediately stop using the
   Service. Your continued use of the Service following any revision to
   this Agreement constitutes your complete acceptance of any and all
   such changes.
2. .Access to the Service.
   1. Subject to the terms of this Agreement, Bola AI hereby grants you
      the limited, non-exclusive, non-sublicensable license to access
      and use the Service solely for your internal business use. You
      agree not to use the Service for any other purpose. You do not
      acquire any ownership rights by using the Service, or by copying
      or downloading information through the Service.
   2. Bola AI may change, modify, suspend, or discontinue in its
      entirety any aspect of the Service at any time, provided that the
      functionality of the Service is not reduced by such action(s).
      Bola AI may also impose limits on certain features or restrict or
      prohibit your access to parts or all of the Service at any time,
      all without notice or liability, provided that you will be
      entitled to a pro rata credit of any amounts paid attributable to
      a period when the Services have been discontinued or substantially
      diminished or limited.
   3. Your use of the Service is conditioned upon your compliance with
      this Agreement and any use of the Service in violation of this
      Agreement may constitute infringement of Bola AI’s intellectual
      property rights in and to the Service. Bola AI reserves the right
      to suspend or terminate your access to the Service without notice
      if you violate this Agreement or for any reason at Bola AI’s
      discretion.
   4. Individuals under the age of 18 may not use the Service. By using
      the Service, you represent that you are 18 or older.
3. .Ownership of Intellectual Property.
   1. The Service and all materials that are part of the Service;
      including without limitation, all code, text, graphics, photos,
      and the Bola AI name and logos (collectively, “Bola AI IP”), are
      owned, controlled, or licensed by Bola AI and its licensors, and
      are protected by law from unauthorized use. The entire Service and
      all works of authorship contained therein are protected by
      copyright under U.S. copyright law and/or similar laws of other
      jurisdictions. Bola AI, and the Bola AI logos, are trademarks of
      Bola AI and may not be copied, imitated, or used, in whole or in
      part, without the express written permission of Bola AI.
4. .Usage Rules.
   1. {” “}
      As a condition of your use of and access to the Service, you agree
      to comply with the following usage rules, which Bola AI may modify
      or supplement in its discretion from time to time (with notice to
      you of material changes, per Section 1). You agree that you will
      not, in regard to the Service (as determined by Bola AI in its
      discretion):
   2. Copy, adapt, reverse engineer, decompile, reverse assemble, modify
      or attempt to discover any software (source code or object code)
      comprising the Service, or that the Service creates to generate
      web pages or any software, or other products or processes
      accessible through the Service; use or launch, develop or
      distribute any automated system, including, without limitation,
      any spider, bot, cheat utility, scraper or offline reader that
      accesses the Service, or use or launch any unauthorized script or
      other software;
   3. distribute any virus, time bomb, trap door, or other harmful or
      disruptive computer code, mechanism or program;
   4. cover or obscure any notice, legend, warning, banner or
      advertisement contained on the Service; interfere with or
      circumvent any security feature of the Service or any feature that
      restricts or enforces limitations on use of or access to the
      Service;
   5. harvest or otherwise collect information about others, including
      email addresses; infringe or violate the rights of any other
      party, including without limitation any intellectual property
      rights or rights of privacy or publicity;
   6. engage in conduct that is obscene, offensive, pornographic,
      fraudulent, deceptive, defamatory, threatening, harassing,
      abusive, slanderous, hateful, or causes embarrassment to any other
      person;
   7. further any chain letters or pyramid schemes, transmit unsolicited
      messages, or engage in “spam”
   8. deliberately mislead anyone as to your identity, impersonate
      another, or allow another person or entity to use your identity in
      order to access the Service;
   9. use automated queries, including screen and database scraping,
      spiders, robots, crawlers, information harvesting, and any other
      automated activity with the purpose of obtaining data from the
      Service. Develop any third-party application that interacts with
      the Service;
   10. Permit any third party to engage in any of the prohibited
       activities listed above.
5. .Disclaimers; Limitations; Waivers of Liability.
   1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK
      AND IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER
      EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
      WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
      FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT THIS
      DISCLAIMER IS PROHIBITED UNDER APPLICABLE LAWS, AND WITH ANY
      LEGALLY REQUIRED WARRANTY PERIOD LIMITED TO THE SHORTER OF 30 DAYS
      FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING
      THE FOREGOING, NEITHER BOLA AI NOR ITS AFFILIATES OR SUBSIDIARIES,
      OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS,
      THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR
      LICENSORS (COLLECTIVELY, “BOLA AI PARTIES”) WARRANT THAT THE
      SERVICE WILL BE UNINTERRUPTED, UNCORRUPTED, TIMELY, OR ERROR-FREE.
   2. THE BOLA AI PARTIES FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES
      THAT THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR
      TIMELY. THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO
      TIME FOR MAINTENANCE OR OTHER REASONS. BOLA AI IS NOT RESPONSIBLE
      FOR TECHNICAL MALFUNCTIONS, TELEPHONE NETWORKS OR SERVICES,
      COMPUTER SYSTEMS, MOBILE PHONE EQUIPMENT, SOFTWARE, OR EMAIL,
      INCLUDING TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET
      OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE
      TO A USER’S OR TO ANY OTHER PERSON’S COMPUTER, MOBILE PHONE, OR
      OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR
      DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN
      CONNECTION WITH THE SERVICES.
   3. THE BOLA AI PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
      INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL
      INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS
      INTERRUPTION, THE USE OF, OR INABILITY TO USE, THE SERVICE,
      WHETHER OR NOT THE BOLA AI PARTIES ARE ADVISED OF THE POSSIBILITY
      OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF
      LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE
      UNENFORCEABLE, AND A DETERMINATION IS MADE THAT BOLA AI IS LIABLE,
      UNDER NO CIRCUMSTANCES WILL THE BOLA AI PARTIES BE LIABLE FOR MORE
      THAN THE AMOUNT PAID TO BOLA AI IN THE 90 DAYS IMMEDIATELY
      PRECEDING THE DATE ON WHICH THE CLAIM IS FIRST ASSERTED.
   4. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF
      LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY
      WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE,
      THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY
      JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF
      WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
   5. Release. You forever release, discharge, and
      covenant not to sue the Bola AI Parties from any and all
      liability, claims, actions, and expenses that may arise, whether
      caused by the negligence of the Bola AI Parties or otherwise, in
      connection with your use of the Service. In other words, you
      cannot sue the Bola AI Parties if anything happens to you or your
      property from using the Service. You agree that the provisions in
      this Section will survive any termination of your account(s), the
      Service, or this Agreement.
6. .Indemnification.
   You agree to defend, indemnify and hold harmless the Bola AI Parties
   from and against all liability, claims, actions and expenses,
   including attorneys’ fees and costs, arising out of your use of the
   Service or your breach or alleged breach of any term, condition,
   obligation, representation or warranty in this Agreement. You agree
   that the provisions in this paragraph will survive any termination of
   your account(s) the Service, or this Agreement
7. Governing Law/Waiver of Injunctive Relief.
   1. This Agreement and all aspects of the Service will be governed by
      and construed in accordance with the internal laws of the United
      States and the Commonwealth of Massachusetts governing contracts
      entered into and to be fully performed in Massachusetts (thus,
      without regard to conflict of laws provisions) regardless of your
      location. With respect to any disputes or claims not subject to
      informal dispute resolution or arbitration (as set forth below),
      you agree not to commence or prosecute any action in connection
      therewith other than in the state or federal courts located in
      Boston, Massachusetts, and you hereby consent to, and waive all
      defenses of lack of personal jurisdiction and forum non conveniens
      with respect to, venue and jurisdiction in the state and federal
      courts located in Boston, Massachusetts.
   2. You acknowledge that the rights granted and obligations made
      hereunder to Bola AI are of a unique and irreplaceable nature, the
      loss of which will irreparably harm Bola AI and which cannot be
      replaced by monetary damages alone, so that Bola AI will be
      entitled to injunctive or other equitable relief (without the
      obligations of posting any bond or surety) in the event of any
      breach or anticipatory breach by you. You irrevocably waive all
      rights to seek injunctive or other equitable relief and agree to
      limit your claims to claims for monetary damages (if any).
   3. To expedite resolution and control the cost of any dispute,
      controversy or claim related to this Agreement (“Dispute”), you
      and Bola AI agree to first attempt to negotiate the resolution of
      any Dispute (except those Disputes expressly provided below)
      informally for at least thirty (30) days before initiating any
      arbitration or court proceeding. Such informal negotiations
      commence upon written notice from one person to the other. You
      will send such notice to [email protected].
   4. Mandatory Arbitration. If you and Bola AI are
      unable to resolve a Dispute through informal negotiations within
      30 days, either you or Bola AI may elect to have the Dispute
      (except those Disputes expressly excluded below) finally and
      exclusively resolved by binding arbitration. Any election to
      arbitrate by one party will be final and binding on the other. YOU
      UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO
      SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be
      commenced and conducted under the Streamlined Arbitration Rules
      and Procedures (the “Rules”) of JAMS, which is available at the
      JAMS website www.jamsadr.com. The determination of whether a
      Dispute is subject to arbitration will be governed by the Federal
      Arbitration Act and determined by a court rather than an
      arbitrator. Your arbitration fees and your share of arbitrator
      compensation will be governed by the Rules. The arbitration may be
      conducted in person, through the submission of documents, by phone
      or online. The arbitrator will make a decision in writing, but
      need not provide a statement of reasons unless requested by a
      party. The arbitrator must follow applicable law, and any award
      may be challenged if the arbitrator fails to do so.
   5. Notwithstanding the above, you and Bola AI agree that arbitration
      will be limited to the Dispute between Bola AI and you
      individually. To the full extent permitted by law, (a) no
      arbitration will be joined with any other; (b) there is no right
      or authority for any Dispute to be arbitrated on a class-action
      basis or to utilize class action procedures; and (c) there is no
      right or authority for any Dispute to be brought in a purported
      representative capacity on behalf of the general public or any
      other persons.
   6. You and Bola AI agree that the following Disputes are not subject
      to the above provisions concerning informal negotiations and
      binding arbitration: (a) any Disputes seeking to enforce or
      protect, or concerning the validity of, any of Bola AI’s
      intellectual property rights; (b) any Dispute related to, or
      arising from, allegations of theft, piracy, invasion of privacy or
      unauthorized use; and (c) any claim for injunctive relief or to
      compel arbitration, stay proceedings pending arbitration, or to
      confirm, modify, vacate or enter judgment on the award entered by
      the arbitrator.
8. .Waiver/Severability.
   1. The failure of Bola AI to require or enforce strict performance by
      you of any provision of this Agreement or to exercise any right
      under any provision of this Agreement will not be construed as a
      waiver or relinquishment of Bola AI’s right to assert or rely upon
      any such provision or right in that or any other instance.
   2. You and Bola AI agree that if any portion of this Agreement,
      except any portion of Section 7.4, is found illegal or
      unenforceable, in whole or in part by any court of competent
      jurisdiction, such provision will, as to such jurisdiction, be
      ineffective to the extent of such determination of invalidity or
      unenforceability without affecting the validity or enforceability
      thereof in any other manner or jurisdiction and without affecting
      the remaining provisions of this Agreement, which will continue to
      be in full force and effect. If Section 7.4 is found to be illegal
      or unenforceable then neither you nor Bola AI will elect to
      arbitrate any Dispute falling within that portion of Section 7.4
      found to be illegal or unenforceable and such Dispute will be
      decided by a court of competent jurisdiction within Boston,
      Massachusetts, and you and Bola AI agree to submit to the personal
      jurisdiction of that court.
9. .Term and Termination.
   This Agreement will remain in effect as long as your account is
   up-to-date and you remain in compliance with the terms hereof, unless
   it has been voluntarily suspended or terminated by you or Bola AI. You
   may terminate this Agreement by destroying all Service-related
   materials obtained from the Service, Bola AI or any other web site or
   source. The privileges granted to you under this Agreement will
   terminate immediately and automatically without notice from Bola AI
   if, in our sole discretion, you fail to comply with any term or
   provision of this Agreement or for any reason in Bola AI’s sole
   discretion.
10. .Miscellaneous. The information provided on the
    Service is not intended for distribution to or use by any person or
    entity in any jurisdiction or country where such distribution or use
    would be contrary to law or regulation or which would subject Bola AI
    to any registration requirement within such jurisdiction or country.
    Accordingly, those persons who choose to access the Service from other
    locations do so on their own initiative and are solely responsible for
    compliance with local laws, if and to the extent local laws are
    applicable. Neither the course of conduct between the parties nor
    trade practice will act to modify this Agreement. Bola AI may assign
    this Agreement to any party at any time without any notice to you. You
    may not assign this Agreement without Bola AI’s prior written consent.
    This Agreement (including the Bola AI Privacy Policy) contains the
    entire understanding between you and Bola AI, and supersedes all prior
    understandings between the parties concerning its subject matter, and
    cannot be changed or modified by you. The section headings used in
    this Agreement are for convenience only and will not be given any
    legal import. Upon Bola AI’s request, you will furnish Bola AI with
    any documentation, substantiation or releases necessary to verify your
    compliance with this Agreement. You agree that this Agreement will not
    be construed against Bola AI by virtue of having drafted it. You
    hereby waive any and all defenses you may have based on the electronic
    form of this Agreement and the lack of signing by the parties hereto
    to execute this Agreement.
11. .Statute of Limitations. You and Bola AI both agree
    that regardless of any statute or law to the contrary, any claim or
    cause of action arising out of or related to use of the Service or
    this Agreement (including the Privacy Policy) must be filed within ONE
    (1) YEAR after such claim or cause of action arose (or, if longer,
    within the shortest statute of limitations for such claim which the
    parties may establish by agreement) or the claim will be forever
    barred.
12. .Questions. If you have any questions about this
    Agreement, its terms, your account or your rights hereunder, or if you
    have any complaints, please contact [email protected].

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