The Costimizer platform and site at the address of https://costimizer.ai/ (the Services) is a copyrighted work of collectively, the "Services") are a copyrighted work belonging to (). Some of the features of the Services can have other guidelines, terms, or rules attached to them, which will be posted on the Services in relation to such features. All such other terms, policies, and regulations are included by reference in these Terms.
These Terms of Use (these Terms) outline the legally binding terms and conditions under which the Services will be used. You are accepting these Terms (on behalf of yourself or the entity that you represent) by creating an account, or by accessing or using the Services, and you represent and warrant that you have the right, authority, and capacity to accept these Terms (on behalf of yourself or the entity that you represent). To use the Services, you should be at least 18 years old. In case you do not agree with any of the provisions of these Terms, you may not access or use the Services.
License Grant: Under these Terms, Costimizer gives you a non-transferable, non-exclusive, revocable, limited license to use and access the Services to conduct your own internal business activities only.
Certain Restrictions: The rights that you will have under these Terms are subject to the following restrictions:
(a) You will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services in whole or in part.
(b) You will not modify, create derivative works of, disassemble, reverse compile or reverse engineer any part of the Services.
(c) You will not access the Services to build a similar or competitive product or service.
(d) Unless otherwise stated herein, no part of the Services will be copied or reproduced.
The Services must carry all copyright and other proprietary notices on all copies of the Services.
Modifications to the Services: We may at any time change, suspend, or eliminate the Services (wholly or partially) without giving you any notice. You acknowledge that Costimizer will not owe you or any third party any duty to make any alteration, suspend, or discontinue the Services or any of its components.
No Support or Maintenance: You understand and accept that Costimizer will not be obligated to provide you with any support or maintenance in relation to the Services, except as otherwise stated in a separate agreement.
Account Responsibilities: To access the Services, you have to create an account (Account) and enter some information about yourself as required by the account registration form. You have the duty of keeping your Account login information confidential and are entirely liable for all activities that take place under your Account. You will promptly inform Costimizer of any unauthorized use, or any possible unauthorized use, of your Account. The compliance of the employees, contractors, and agents of the entity you represent with these Terms is the responsibility of the entity itself.
Customer Data: "Customer Data" refers to all data and information, including data on your third-party cloud provider accounts, that you submit or otherwise make available to the Services. You own your Customer Data exclusively. You hereby give Costimizer a non-exclusive, limited, global, royalty-free license to use, reproduce, copy, and process the Customer Data only to the extent of delivering, supporting, and enhancing the Services to you. It is up to you to ensure the accuracy, legality, and content of your Customer Data are correct.
To the extent that you do not submit any Customer Data, you recognize that all intellectual property rights, such as copyrights, patents, trademarks, and trade secrets, in the Services and their content belong to Costimizer or its suppliers. These Terms do not and will not convey to you or any third party any rights, title, or interest in or to such intellectual property rights, other than the limited rights of access expressly granted in Section 1. Costimizer and its suppliers retain all rights not specified in these Terms. These Terms do not imply the issuance of any licenses.
Costimizer may insist on payment of fees for some or all Services. You will pay all fees or charges to your Account in compliance with the fees, charges, and billing terms applicable at the time of the due date and payability of a fee or charge. We have the right to alter our prices and modes of billing at any moment. None of the fees includes the taxes that you must pay. In case you do not pay any fees at the right time, we can suspend or end your access to the Services.
The services are offered on an “as-is” and on “as-available basis, and Costimizer and our suppliers specifically disclaim any warranties and conditions of any type, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness to a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. WE and our suppliers do not guarantee that the services will be available on an uninterrupted, timely, secure, or error-free basis, will be accurate, reliable, virus-free, or other malicious code-free, complete, legal, or safe. In case the applicable law requires any warranties in relation to the services, all warranties shall be limited to a period of ninety (90) days after the date of the first use.
The above exclusion may not apply to you because the exclusion of implied warranties is not permitted in some jurisdictions.
To the fullest extent allowable under the law, in no case shall costimizer or our suppliers be liable to you or any third-party in respect of lost profits, lost data, procurement costs of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages, caused by or relating to these terms or your use of, or failure to use, the services, even though costimizinger has been advised of the existence of such damages. The usage and access to the services are at your own risk and discretion, and you will be the sole party to bear any damage to your device or computer system or data loss caused thereof.
To the utmost extent authorized by law, notwithstanding anything to the contrary contained herein, our liability to you in respect of any damages incurred by you as a result of or in connection with this agreement (whatever the cause of such action), will at all times be limited to a maximum of one hundred United States dollars (USD 100) or such amount as you have paid us within the last 12 months (assuming any action is taken) (whichever is greater). The fact that there is more than one claim will not widen this limit.
Some jurisdictions do not permit the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not be relevant to you.
These Terms will be in full force and effect, subject to this Section, as long as you use the Services. We can, at our own will and without any reason, suspend or revoke your rights to use the Services (including your Account) at any time, including in case of any use of the Services in breach of these Terms.
When your rights under these Terms are terminated, your Account and right to access and use the Services will be immediately terminated. You know that any termination of your Account can entail deletion of your Customer Data relating to your Account in our live databases. You will not in any way be liable to Costimizer in case of any termination of your rights under these Terms.
Governing Law and Jurisdiction: These Terms and any dispute or claim arising out of or in relation to their subject matter or formation shall be governed by and construed in accordance with the laws of India. You accept that the courts in Noida, Uttar Pradesh, shall settle any dispute or claim.
Your Privacy: Please refer to our Privacy Policy, which is by reference incorporated into these Terms.
Copyright/Trademark Information: Copyright (c). All rights reserved. The Marks (all trademarks, logos, and service marks) used on the Services are either our property or that of other third parties. You shall not use these Marks without our written consent or the consent of such third party that may own the Marks.
Entire Agreement: These Terms form the whole agreement between you and us in the use of the Services. Any non-exercise or non-enforcement of any right or provision of these Terms by us shall not be a waiver of such right or provision. In case any of the provisions of these Terms is found to be invalid or unenforceable, the rest of the provisions of these Terms will remain intact, and the invalid or unenforceable provision will be construed as modified to the full extent that the law will allow.
Contact Information
Address: A 80, Lower Basement, A Block, Sector 2, Noida, Uttar Pradesh 201301, India Email: legal@costimizer.ai.
Having delivered value from Day 1, customers have literally texted us that we could charge them, but Costimizer continues to be a free product for our customers