Terms and Conditions

Introduction

Welcome to Figurative, Inc. ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, https://reasonai.dev, and our SaaS platform ("Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms apply to all users of the Services, including those located in the United States, European Union, United Kingdom, Iceland, Liechtenstein, Norway, and other regions around the world.

Age and Eligibility

To access and use our Services, you must be at least 18 years old and capable of forming a binding contract with Figurative, Inc. By using our Services, you represent and warrant that you meet this age requirement. If you do not meet this requirement, you must not use the Services. Our Services are available to both personal and business users who meet the eligibility criteria.

Acceptable Use

• Prohibited Activities

  • The Services may only be used for lawful purposes.
  • You shall not attempt to undermine the security or integrity of computing systems or networks of Figurative, Inc., or any other persons or entities, and must not attempt to gain unauthorized access to any such systems or networks.
  • You shall not attempt to contribute to or enable the selling or movement of illegal goods and services.
  • The Services and/or Figurative, Inc.'s network resources may not be used to impersonate another person or entity, or to misrepresent authorization to act on behalf of another person or entity, including Figurative, Inc.
  • You must not introduce software, automated agents, or scripts into Figurative, Inc.'s platform to produce multiple accounts, generate automated searches, requests, or queries, or to strip or mine content or data from Figurative, Inc.'s website or platform.
  • You shall not use the Services to reproduce the functionality of Figurative, Inc.'s Services, including any storage products.
  • You shall not use the Services as a remote storage server or for the primary purpose of providing downloadable content.
  • You may not use the Services or Figurative, Inc.'s infrastructure for proxying, scraping, creating virtual private networks, or creating virtual private servers.

Intellectual Property Rights

The intellectual property rights related to the Services are critical to Figurative, Inc. We retain ownership of all rights related to the Services, and by using the platform, you agree to respect these rights. Below are details about our intellectual property and your responsibilities regarding content you submit or share.

• Our Intellectual Property

  All intellectual property rights in and to the Services, including but not limited to text, graphics, software, code, designs, and trademarks, are owned by Figurative, Inc. or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal and business purposes in accordance with these Terms. Any unauthorized use of our intellectual property is strictly prohibited.

  • You may not copy, modify, distribute, sell, or lease any part of our Services or included software without our express written consent.
  • Figurative, Inc. reserves all rights not expressly granted to you in these Terms.
  • Any feedback, suggestions, or ideas you provide regarding the Services are entirely voluntary, and we are free to use such feedback, suggestions, or ideas as we see fit and without any obligation to you.

• Your Content and Submissions

  You are solely responsible for all software, code, data, information, feedback, suggestions, text, content, and other materials that you upload, post, deliver, provide, or otherwise transmit or store using our Services ("Your Content"). By submitting Your Content, you grant Figurative, Inc. a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sub-licensable license to use, reproduce, modify, distribute, and display Your Content in connection with providing the Services.

  • You represent and warrant that you own all rights to Your Content or have obtained all necessary permissions to submit Your Content to the Services and grant the rights described in these Terms.
  • You acknowledge that Your Content may be used by Figurative, Inc. to improve, optimize, and enhance the Services, and that such use may include aggregation or anonymization of data for analytical purposes.
  • You are responsible for ensuring that Your Content does not infringe upon any third-party intellectual property rights, and you agree to indemnify and hold Figurative, Inc. harmless from any claims arising from Your Content.
  • Figurative, Inc. has the right, but not the obligation, to monitor, remove, or modify any Content submitted to the Services at its sole discretion.

• Copyright Infringement

  Figurative, Inc. respects the intellectual property rights of others and expects our users to do the same. If you believe that your copyrighted work has been used on our Services in a way that constitutes copyright infringement, you may notify us by providing the following information:

User Representations

By using the Services, you represent and warrant that:

• User Commitments

  If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

  • All registration information you submit will be true, accurate, current, and complete.
  • You will maintain the accuracy of such information and promptly update it as necessary.
  • You have the legal capacity and agree to comply with these Terms of Service.
  • You are not a minor in the jurisdiction in which you reside.
  • You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.
  • You will not use the Services for any illegal or unauthorized purpose.
  • Your use of the Services will not violate any applicable law or regulation.

User Registration

You may be required to register to use the Services. By registering, you agree to provide accurate and complete information as required and to keep your password confidential. You will be responsible for all activities that occur under your account and password.

• Account Security

  • You agree to keep your password confidential and will be responsible for all use of your account and password.
  • You must notify us immediately of any unauthorized use of your account or password or any other breach of security.
  • We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Purchases and Payments

This section outlines the terms related to purchases and payments for the Services. By using our Services, you agree to the following terms regarding our subscription plans and payment methods.

• Plans

  • Our Services are offered on a cloud-style, pay-as-you-consume basis.
  • Billing is done monthly, and you are charged based on your usage of the Services during the billing cycle.
  • We may offer free credits or trial periods, which will be specified at the time of sign-up. Once the free trial or credits are exhausted, you will be charged according to the pay-as-you-go model.
  • Subscription plans and pricing are subject to change. Any changes will be communicated to you through your account or via email.

• Payments

  • Payments are processed through a third-party service, and only card payments are accepted.
  • All transactions are conducted in USD.
  • You are responsible for ensuring that your payment information is accurate and up-to-date.
  • If there are issues with payment processing, we may suspend or terminate your access to the Services until payment is successfully completed.

Subscription

This section details the terms related to your subscription to our Services, including billing, renewal, free trials, cancellation policies, and fee changes.

• Billing & Renewal

  • Our Services are billed on a monthly basis. You will be charged according to your usage during the billing cycle.
  • Subscription renewals are automatic at the end of each billing cycle unless you cancel your subscription before the renewal date.
  • We will send you an email notification of the upcoming renewal and associated charges before your next billing cycle begins.

• Free Trial

  • We may offer a free trial period or free credits to new users. The details of the free trial, including duration and limitations, will be communicated to you upon sign-up.
  • At the end of the free trial or when free credits are exhausted, you will be charged for any active services based on the pay-as-you-go model.

• Cancellation

  • You may cancel your subscription at any time by logging into your account and removing the services you no longer wish to use.
  • Upon cancellation, you will be responsible for any charges incurred up to the cancellation date. No refunds will be provided for any unused portion of the subscription period.
  • If you cancel your subscription, you will continue to have access to the Services until the end of the current billing cycle.

• Fee Changes

  • We reserve the right to change our subscription fees and payment terms at any time. Any changes to the fees will be communicated to you in advance.
  • Fee changes will take effect at the start of the next billing cycle following the notification.
  • You may choose to cancel your subscription if you do not agree with the new fees or changes in terms.

Contributions & Licensing

This section covers the terms related to user-generated contributions and the licenses associated with such contributions. By contributing content to our Services, you agree to the following terms.

• User Generated Contributions

  Any content, feedback, suggestions, or other materials you provide or upload to the Services are considered your Contributions. It is important that your Contributions adhere to the following guidelines:

  • Any content, feedback, suggestions, or other materials you provide or upload to the Services ("Contributions") must be original, non-infringing, and free of any legal claims from third parties.
  • You are solely responsible for the accuracy, legality, and appropriateness of your Contributions.
  • We may review, monitor, or moderate Contributions at our discretion but are not obligated to do so.
  • We reserve the right to remove or modify any Contributions that we believe to be inappropriate, illegal, or in violation of these Terms.

• Contribution License

  By submitting Contributions to the Services, you grant Figurative, Inc. a broad license to use these Contributions. This license allows us to:

  • By submitting Contributions to the Services, you grant Figurative, Inc. a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sub-licensable license to use, reproduce, modify, distribute, and display your Contributions in connection with the Services.
  • This license is granted for the purpose of operating, promoting, and improving the Services, and for any other use that you may consent to.
  • You represent and warrant that you have the rights to grant this license and that your Contributions do not violate any intellectual property rights or other rights of third parties.
  • We may use your Contributions in any media, including promotional and advertising materials, without further notice or compensation to you.

External Content

This section addresses how external content, including social media and third-party services, interacts with our Services. We provide links to external content and services as a convenience to you, but we do not control or endorse such content. It is important for you to understand the terms and conditions that apply to these external resources.

• Social Media

  Our Services may provide features that allow you to link your account with social media platforms or share content directly from our Services to social media sites. When you use these features, you are interacting with social media platforms that operate independently from us. Please be aware of the following:

  • When you link your account with social media platforms or share content through these features, you are granting the social media platform access to certain information from your account with us.
  • We do not control the privacy practices or content policies of social media platforms. Any information you share through these features will be governed by the privacy policy and terms of service of the respective social media platforms.
  • We are not responsible for any interactions you have with social media platforms, including any data shared or collected by those platforms.
  • You should review the privacy settings and terms of service of the social media platforms you use to understand how your information is handled and protected.

• Third-Party Services

  Our Services may contain links or integrations with third-party websites, applications, or services ("Third-Party Services"). These links are provided for your convenience and to enhance your experience. However, please note the following:

  • We do not control, endorse, or assume responsibility for the content, privacy practices, or terms of service of any Third-Party Services. Your interactions with these Third-Party Services are subject to their own terms and privacy policies.
  • By accessing Third-Party Services through our platform, you acknowledge and agree that we are not responsible for any issues, damages, or losses that may arise from your use of or reliance on such services.
  • We may receive compensation or commissions from Third-Party Services when you use certain features or make purchases through the links provided. This does not affect the cost of the services to you.
  • It is your responsibility to review and understand the terms and policies of any Third-Party Services you choose to access. We encourage you to exercise caution and conduct your own research before engaging with these services.

Term and Termination

This section outlines the duration of your agreement with us and the conditions under which either party may terminate the use of our Services. By using our Services, you agree to abide by these terms regarding the term and termination of your access.

• Term

  • Your agreement with us begins on the date you first use our Services and continues until terminated in accordance with these Terms.
  • We may modify or update these Terms from time to time. Your continued use of the Services after any changes to the Terms will constitute your acceptance of the revised Terms.

• Termination

  • We may terminate or suspend your access to the Services at any time, with or without cause, and with or without notice, if we believe you have violated these Terms or engaged in any activity that may harm the Services or other users.
  • You may terminate your use of the Services at any time by logging into your account and removing the services you no longer wish to use.
  • Upon termination, any rights granted to you under these Terms will immediately cease, and you must stop using the Services and delete any copies of content from our Services that you have in your possession.
  • Termination of your access does not relieve you of any obligations to pay any outstanding fees or charges incurred prior to the termination date.

Modifications and Interruptions

We are committed to continuously improving and updating our Services. However, there may be times when we need to modify, update, or temporarily interrupt the Services for various reasons, including maintenance, upgrades, or other technical issues. This section outlines our rights and your understanding regarding such modifications and interruptions.

• Modifications

  We may need to make changes to our Services from time to time. This can include updates, new features, or adjustments to existing functionality. The following outlines our rights regarding modifications:

  • We reserve the right to modify, update, or enhance the Services at any time, including changes to features, functionality, or pricing. We will make reasonable efforts to notify you of significant changes, but we may not always provide advance notice.
  • Changes to the Services may be implemented to improve performance, address security concerns, or comply with legal and regulatory requirements. We may also update our Services to reflect feedback or to meet user needs.
  • Your continued use of the Services following any modifications constitutes your acceptance of the updated Terms and changes to the Services.

• Interruptions

  There may be times when our Services are temporarily unavailable due to necessary maintenance, repairs, or unforeseen issues. We strive to minimize disruptions but want you to be aware of the following regarding interruptions:

  • The Services may be temporarily interrupted or unavailable due to scheduled maintenance, emergency repairs, or other technical issues. We will make reasonable efforts to minimize the duration and impact of such interruptions.
  • We are not liable for any damages or losses incurred due to interruptions or unavailability of the Services. This includes, but is not limited to, any loss of data, business opportunities, or access to your account during such periods.
  • We will strive to provide advance notice of scheduled maintenance or significant interruptions where feasible, but we cannot guarantee uninterrupted access to the Services at all times.

Dispute Resolution

This section outlines the process for resolving disputes that may arise between you and Figurative, Inc. regarding your use of our Services. We encourage resolving conflicts amicably through informal negotiations before pursuing more formal methods such as arbitration. The following subsections detail the steps and conditions for dispute resolution.

• Informal Negotiations

  Before seeking formal resolution methods, we encourage you to attempt to resolve any disputes through informal negotiations. This approach can often lead to a mutually satisfactory outcome without the need for more formal procedures.

  If you have any disputes or concerns related to your use of our Services, please contact us first to discuss and attempt to resolve the issue through informal negotiations. To initiate this process, you should submit a written notice describing the nature of the dispute and the resolution you are seeking.

  We will make a good faith effort to address your concerns and resolve the dispute. Both parties agree to engage in reasonable discussions and cooperate to reach an amicable resolution. This process should be completed within 30 days of the initial notice of the dispute.

• Binding Arbitration

  If informal negotiations do not resolve the dispute, either party may seek resolution through binding arbitration. This process provides a more formal mechanism for dispute resolution and is designed to be a final and binding method for settling conflicts.

  Should informal negotiations fail, any unresolved disputes will be resolved through binding arbitration conducted by the American Arbitration Association (AAA) in accordance with its rules. The arbitration will take place in Delaware, United States.

  The arbitrator's decision will be final and binding on both parties, and may be enforced in any court with jurisdiction. The arbitration process is intended to be a streamlined and efficient method for resolving disputes without the need for lengthy court proceedings.

  Each party is responsible for its own costs and expenses related to the arbitration, although the arbitrator may award reasonable costs and attorney’s fees to the prevailing party if allowed by applicable law.

• Restrictions

  To ensure that the arbitration process remains fair and efficient, there are certain restrictions and limitations that apply. These restrictions help to streamline the resolution process and prevent abuse of the arbitration mechanism.

  Arbitration is limited to disputes between you and us on an individual basis. Class actions, consolidated actions, or representative actions are not permitted in arbitration. You and we agree that any arbitration will only be conducted on an individual basis, and that the arbitrator may not consolidate or join the claims of other parties.

  In the event that a court determines that any part of this arbitration agreement is unenforceable, the remaining provisions will remain in effect. The unenforceable provisions may be severed or modified to the extent necessary to enforce the remaining terms.

• Exceptions to Informal Negotiations and Arbitration

  While we encourage the use of informal negotiations and arbitration for dispute resolution, there are certain exceptions where these methods may not apply. These exceptions ensure that specific types of disputes can be addressed through alternative means.

  The informal negotiations and arbitration process does not apply to disputes related to intellectual property rights, including the enforcement or protection of patents, copyrights, trademarks, or trade secrets. Such disputes may be addressed through appropriate legal channels.

  Additionally, disputes involving claims for injunctive relief or other equitable remedies may be pursued in a court of competent jurisdiction, despite the existence of this arbitration agreement. This ensures that urgent matters requiring immediate relief can be addressed without delay.

  Notwithstanding these exceptions, we remain committed to resolving disputes in a fair and efficient manner, and we encourage you to engage in informal negotiations and arbitration whenever possible to achieve a resolution.

Security and Compliance

We take the security and compliance of our Services very seriously. This section provides information on our general security practices and outlines specific compliance requirements related to PCI and HIPAA standards. Please review these details to understand how we protect your data and what responsibilities you have regarding compliance with applicable regulations.

• General

  We implement a range of security measures to protect the integrity, availability, and confidentiality of our Services and your data. These measures are designed to safeguard against unauthorized access, data breaches, and other security threats.

  We employ industry-standard security practices and technologies to ensure the protection of our Services. This includes the use of encryption for data in transit and at rest, secure access controls, and regular security audits and assessments.

  Despite these measures, no system can be entirely immune to threats. We are committed to addressing and mitigating any security risks promptly and will notify you of any significant breaches that may impact your data or the availability of our Services.

  You are responsible for maintaining the security of your own account, including safeguarding your login credentials and other sensitive information. We advise you to use strong passwords and implement additional security measures, such as multi-factor authentication, where available.

• PCI Compliance

  While we prioritize security, it is important to note that we are not a payment processor and do not handle credit card transactions directly. However, we still adhere to certain standards to ensure the security of our platform and any interactions involving payment data.

  We are not a payment processor and do not store, process, or transmit credit card information. If you use third-party payment processors through our Services, it is important to ensure that those processors are compliant with the Payment Card Industry Data Security Standard (PCI DSS).

  We do not assume responsibility for compliance with PCI DSS for third-party payment processors or any data they handle. You should review the privacy policies and security practices of any third-party services used for payment processing to ensure they meet PCI compliance requirements.

• HIPAA Compliance

  Our Services are not intended for use in hosting or managing Protected Health Information (PHI) subject to the Health Insurance Portability and Accountability Act (HIPAA). If you are considering using our Services for HIPAA-regulated data, please be aware of the following requirements:

  Our Services are not designed to host or manage Protected Health Information (PHI) or any other data subject to HIPAA regulations unless explicitly authorized. You are prohibited from using our Services to store, transmit, or process PHI without obtaining prior written approval from us.

  If you need to use our Services for HIPAA-regulated data, you must first obtain explicit written consent from us. This consent is required to ensure that appropriate safeguards are in place to protect PHI and comply with HIPAA standards.

  Failure to obtain prior approval for HIPAA-regulated data may result in immediate termination of access to the Services and potential legal liabilities. We encourage you to consult with legal and compliance professionals to ensure that any use of our Services involving sensitive health information meets applicable regulatory requirements.

Corrections

The Services may contain information that includes typographical errors, inaccuracies, or omissions. This could pertain to descriptions, pricing, availability, or other details. We reserve the right to make corrections to any errors or inaccuracies and to update the information as necessary.

• There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

  While we strive to ensure that all information provided is accurate and up-to-date, we do not guarantee the accuracy or completeness of the content on our Services. If you notice any discrepancies or have concerns regarding the information provided, please contact us, and we will address them as promptly as possible.

  Any reliance on the information provided on the Services is at your own risk, and we disclaim any liability for errors or inaccuracies that may occur. It is your responsibility to verify any information before relying on it or making decisions based on it.

Disclaimer

This section provides important information about the limitations and disclaimers regarding our Services. It is designed to clarify the scope of our responsibilities and the extent to which we are liable for issues related to the use of our Services. By using our Services, you acknowledge and agree to the terms outlined in this disclaimer.

• Our Services are provided "as is" and "as available" without any warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

  We do not warrant that the Services will be uninterrupted, error-free, or secure. While we strive to maintain the availability and performance of our Services, we cannot guarantee that they will always be available or free from defects or issues. Your use of the Services is at your own risk.

  We make no representations or warranties regarding the accuracy, completeness, or reliability of any content or information provided through our Services. We are not responsible for any errors, inaccuracies, or omissions in such content or information.

  In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services. This includes, but is not limited to, damages for loss of profits, data, or other intangible losses, even if we have been advised of the possibility of such damages.

  Some jurisdictions may not allow the exclusion of certain warranties or limitations of liability, so some of the above exclusions may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

Limitations of Liability

This section outlines the extent of our liability related to your use of our Services. It is designed to limit our responsibility for potential issues that may arise and provides clarity on the extent to which we can be held liable.

• To the fullest extent permitted by law, our total liability for any claims arising out of or related to your use of the Services, whether based on contract, tort (including negligence), or otherwise, will be limited to the amount you have paid us in the three (3) months preceding the claim.

  In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services. This includes, but is not limited to, damages for loss of profits, data, business opportunities, or any other intangible losses, even if we have been advised of the possibility of such damages.

  We are not liable for any damages or losses resulting from: (1) your failure to comply with these Terms; (2) any unauthorized access to or alteration of your transmissions or data; (3) interruptions or disruptions in the Services; or (4) any other issues beyond our reasonable control.

  Some jurisdictions may not allow the limitation or exclusion of certain types of damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

  Additionally, you agree that any claim or cause of action arising out of or related to the Services must be brought within one (1) year after the claim or cause of action arises, or it will be forever barred.

Indemnification

This section explains your responsibility to indemnify and hold us harmless from certain types of claims and losses. By using our Services, you agree to these terms, which are designed to protect us from liabilities that may arise due to your actions or omissions.

• • You agree to indemnify, defend, and hold harmless Figurative, Inc., its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
  • Your use of or inability to use the Services;
  • Any content you submit, post, or otherwise make available through the Services;
  • Your violation of these Terms or any applicable laws or regulations;
  • Your infringement of any intellectual property or other rights of a third party;
  • Any interactions or disputes between you and any third parties, including other users of the Services.
  • We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you. In such cases, you agree to cooperate with us in asserting any available defenses and to provide reasonable assistance in the defense of such claims.
  • The obligations set forth in this indemnification clause will survive the termination or expiration of these Terms and your use of the Services.

Contact Us

If you have any questions, concerns, or need assistance regarding our Services or these Terms, please do not hesitate to contact us. We are here to help and ensure that your experience with our Services is as smooth and satisfactory as possible.

• You can reach us at the following contact details:

  • Email: [email protected]
  • Phone: +1-393-283-4833
  • Mailing Address: Figurative, Inc, Dojo, Delaware, United States

  For any inquiries, please provide as much detail as possible so we can assist you effectively. We aim to respond to all inquiries promptly and appreciate your patience as we work to address your needs.