Combustive.ai
Terms and Conditions of Use of the Websites and Services
(Rev. October 3, 2024)
(hereinafter "AGREEMENT")
LEGAL NOTICES - PLEASE READ THESE TERMS CAREFULLY BEFORE
USING THE COMPANY WEBSITE(S) (www.combustive.ai,
app.combustive.ai), OWNED AND OPERATED BY App-aratus, LLC.
(hereinafter "COMPANY").
ANY ACCESS TO AND USE OF COMPANY SITE INCLUDING ANY SERVICES
OR INFORMATION ON THE COMPANY SITE, COLLECTIVELY OR
INDIVIDUALLY, AS THE CASE MAY BE (THE "COMPANY
SERVICES") IS SUBJECT TO THE TERMS AND CONDITIONS OF
USE SET FORTH IN THIS DOCUMENT AS THEY ARE AMENDED FROM TIME
TO TIME BY COMPANY (THE "TERMS"). COMPANY
SERVICES INCLUDES, BUT IS NOT LIMITED TO, THE ONLINE COMPANY
SITE(S) AND SERVICES PROVIDED THROUGH SUCH SITE(S). THESE
TERMS AND CONDITIONS APPLY TO ALL OTHER DOMAIN NAMES AND
APPS ASSOCIATED WITH THE COMPANY SITE, INCLUDING OTHER
DOMAIN NAMES REGISTERED BY COMPANY. BY ACCESSING, COPYING
OR OTHERWISE USING THE COMPANY SITE, YOU AGREE TO BE BOUND
BY THESE TERMS. COMPANY MAY CHANGE THE TERMS FROM TIME TO
TIME AT ITS SOLE DISCRETION, AND YOUR USE OF THE COMPANY
SITE OR SERVICES AFTER SUCH CHANGES SHALL CONSTITUTE YOUR
AGREEMENT TO ABIDE BY THE TERMS AS CHANGED. IF YOU DO NOT
AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE COMPANY
SITE OR SERVICES.
1. GENERAL SITE USE.
1.1 Personal and Internal Business Use Only and
Copyright. Unless otherwise specified, the COMPANY Site is
for your personal and internal business use only. The
COMPANY Site design, text and graphics, and the selection
and arrangement of such elements are copyrighted and are
protected by worldwide copyright laws and treaty provisions.
Except as otherwise expressly permitted on the COMPANY
Site, the COMPANY Site and content may not be copied,
reproduced, modified, published, uploaded, posted,
transmitted, or distributed in any way without COMPANY's
prior written permission and is expressly prohibited by law,
and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
Except as expressly provided herein, COMPANY does not grant
any express or implied right to you under any patents,
copyrights, trademarks or trade secret information.
1.2 Payments. For your convenience, the costs and duration
of your membership and other services are supplied to you on
our Website. You are responsible for all costs associated
with your use of your selected payment method including, for
example, exchange rates, transaction fees, interest, and
other fees charged by your credit/debit card companies and
banks. During the purchase process of your automatically
renewing subscription, your selections and click through
agreement to the same and these Terms may be recorded.
COMPANY reserves the right to offer low cost, or free
membership to any person(s) of their choice at any given
time, for any duration, while charging other members, at the
same time. COMPANY also reserves the right to cancel the
low cost or FREE trial period or membership at any time, for
all or any of its members. The pricing of our various new
offerings may change.
1.3 Termination of Access or Account by Company: COMPANY
reserves the right, in its sole discretion, to terminate or
suspend your subscription to COMPANY Site or Services at any
time, with or without cause, with or without notice. Upon
termination of your subscription, your right to use COMPANY
Site and Services immediately ceases.
1.4 Termination of Access or Account by You. All
purchased subscriptions are non-refundable. You may
terminate your subscription to the Site or Services at any
time. All subscriptions purchased are set up to
automatically renew until canceled. You must cancel future
renewals.
1.5 Account usage: You are solely responsible for all
usage of your account. You shall not assign, transfer,
resell, sublicense or otherwise distribute your right or
access to your COMPANY account. Your COMPANY account is for
your personal, household or business usage only. Your use
shall comply with all applicable law and ethical conduct.
1.6 Representations and Warranties: You represent and
warrant that: (1) you are at least 18 years of age or the
age required or allowed under applicable law in your state
or country of residence for providing the required account
information; (2) all information that you submit is true and
accurate; and (3) you are an individual authorized to
provide the account information (4) you have the right,
authority, and capacity to enter into these Terms and to
abide by all of these Terms. You agree to comply with your
responsibilities and obligations as stated in these Terms.
1.7 Intellectual Property: The COMPANY WEBSITES are the
sole intellectual property of COMPANY. You agree not to
challenge, contest, or otherwise dispute the ownership of
such intellectual property. THIS INCLUDES, WITHOUT
LIMITATION, TRADEMARKS, COPYRIGHTS, TRADE SECRETS, PATENTS,
AND SOFTWARE.
1.8 Subscriptions. If you chose to purchase a
subscription to utilize our technology, the license granted
under this AGREEMENT is non-exclusive and revocable at any
time without notice. You agree to not reverse engineer the
technology, or use the technology for a purpose other that
what it is intended for, you will not attempt to transfer or
assign the license to any third party, or disclose any
confidential information related to the Websites. You will
not attempt to cause any harm to the Websites, or other
entities.
2. TRADEMARKS. Unless otherwise indicated, all product
and service marks and logos displayed on the COMPANY Site
are subject to the trademark rights of COMPANY or other
trademark owners as indicated. The absence of a product or
service name or logo from this site does not constitute a
waiver of any trademark or other intellectual property
rights concerning that name or logo.
3. DISCLAIMER OF WARRANTIES.
3.1 General. COMPANY MAKES NO REPRESENTATION OR WARRANTY
THAT (i) THE COMPANY SITE OR SERVICES WILL MEET YOUR
REQUIREMENTS, (ii) THE COMPANY SITE, SERVICES OR INFORMATION
WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE COMPANY SITE OR SERVICES WILL BE ACCURATE OR
RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE COMPANY SITE OR SERVICES WILL MEET YOUR
EXPECTATIONS. COMPANY UNDERTAKES NO OBLIGATION TO UPDATE,
AMEND, OR CLARIFY THE SITE.
3.2 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE COMPANY SITE AND SERVICES ARE PROVIDED
"AS IS" AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR
IMPLIED WARRANTY OF ANY KIND. COMPANY HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE COMPANY SITE,
SERVICES AND INFORMATION, INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT,
FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY
OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE. THE
ENTIRE RISK ARISING OUT OF USE OF THE COMPANY SITE, SERVICES
AND INFORMATION REMAINS WITH YOU.
4. LIMITATION OF LIABILITY AND REMEDIES.
4.1 Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS OWNERS,
MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS
BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT
LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR
OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY,
LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD
FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER
PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY
WAY RELATED TO THE USE OF OR INABILITY TO USE THE COMPANY
SITE OR SERVICES, EVEN IF THEY KNOW OF, OR SHOULD HAVE KNOWN
OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE COMPANY SITE OR
SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND
EXCLUSIVE REMEDY IS UNSUBSCRIBE FROM ANY SUBSCRIPTION AND
DISCONTINUE YOUR USE OF THE COMPANY SITE AND SERVICES. THE
FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL
APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
4.2 Indemnification. You agree to defend, indemnify and
hold COMPANY, its owners, members, managers, officers,
directors, employees and agents, harmless from and against
any and all claims, liabilities, demands, penalties,
forfeitures, suits, judgments and the associated costs and
expenses (including attorney's fees), which COMPANY, its
owners, members, managers, officers, directors, employees or
agents may hereafter incur, become responsible for or pay
out arising out of your use of the COMPANY Site or Services
or your breach of any term or provision of these Terms.
5. GENERAL TERMS.
5.1 Modification. COMPANY reserves the right at any
time and at its sole discretion to change the terms,
conditions, and notices under which the COMPANY Site or
Service is offered, including but not limited to the charges
associated with the use of the COMPANY Site or Service.
COMPANY may revise the Terms at any time by updating this
posting. You should visit this page from time to time to
review the then-current Terms because they are binding on
you. Certain provisions of the Terms may be superseded by
expressly designated legal notices given to you or terms
located on particular pages at the COMPANY Site. COMPANY
also reserves the right at any time and at its sole
discretion to modify or discontinue, temporarily or
permanently, the COMPANY Site (or any part thereof) with or
without notice. You agree that COMPANY shall not be liable
to you or to any third party for any modification,
suspension or discontinuance of the COMPANY Site .
5.2 Assignment. You may not assign any rights in, nor
delegate any obligations under, the Terms or any portion
thereof without the written consent of COMPANY. Any attempt
to do so shall be deemed a breach of the Terms.
5.3 Jurisdiction. THESE TERMS SHALL BE GOVERNED BY AND
INTERPRETED ACCORDING TO THE LAWS OF THE STATE OF COLORADO,
WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES.
5.4 ARBITRATION OF DISPUTES.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT,
TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE,
AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW,
INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND
COMPANY OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR
AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS
ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION,
OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE
RELATIONSHIPS WHICH RESULT FROM THESE TERMS (INCLUDING, TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO
THESE TERMS), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY
BINDING ARBITRATION ADMINISTERED BY JAMS before a retired
judge in Jefferson County, Colorado USA. In the event such
a JAMS proceeding is unavailable for any reason, such
disputes shall be governed by the Commercial Arbitration
Rules and the Supplementary Procedures for Consumer Related
Disputes (collectively, "AAA Rules") of the American
Arbitration Association ("AAA"), as modified by these Terms,
and will be administered by the AAA before a single retired
judge. The arbitrator shall be empowered to grant whatever
relief would be available in a court under law or in equity.
This Section and Section 7.5 below are subject to the
Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as
amended. Any award of the arbitrator shall be final and
binding on each of the parties, and may be entered as a
judgment in any court of competent jurisdiction. The
arbitration proceeding will be limited solely to the dispute
or controversy between the parties. YOU ACKNOWLEDGE THAT
YOU ARE GIVING UP YOUR RIGHT TO LITIGATE CLAIMS IN A COURT
OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in
this Section 7.4 shall be deemed to prohibit COMPANY from
seeking an injunction or other equitable relief in any court
of competent jurisdiction to protect or preserve its or its
licensors' intellectual property rights or rights in or to
confidential information.
5.5 CLASS ACTION WAIVER.
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE
ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST COMPANY
OR OTHER PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE
OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHT TO
PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH
RESPECT TO ANY SUCH CLAIM.
5.6 Equitable Relief. You recognize and acknowledge
that a breach by you of any of its obligations under the
Terms will cause COMPANY irreparable damage, which cannot be
readily remedied by monetary damages in an action at law.
Accordingly, in the event of any default or breach by you,
including any action by you that could cause some loss or
dilution of COMPANY's goodwill, reputation, or rights in
the COMPANY Site, COMPANY shall be entitled to an immediate
injunction in addition to any other remedies available, to
stop or prevent such irreparable harm, loss, or dilution.
6.0 Copyright Policy/DMCA. You may not post, distribute,
or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such
proprietary rights. Without limiting the foregoing, if you
believe that your work has been copied and posted on the
Service in a way that constitutes copyright infringement,
where applicable please provide our DMCA Copyright Agent
with the following information as more specifically provided
below in our DMCA policy. Counter notifications where
applicable under the DMCA can be provided to the DMCA
authorized agent indicated below.
DMCA Policy
COMPANY respects the intellectual property rights of others
and expects its users and members to do the same. In
accordance with the Digital Millennium Copyright Act COMPANY
will respond expeditiously to claims of copyright
infringement committed using the COMPANY Service or Website
that are reported to the COMPANY Designated Copyright Agent
identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of
one or authorized to act under any exclusive right under
copyright, please report alleged copyright infringements
taking place on or through the COMPANY Service or Website by
completing the following DMCA Notice of Alleged Infringement
and delivering it to the COMPANY Designated Copyright Agent.
Upon receipt of Notice as described below COMPANY will take
action pursuant to the DMCA, including where appropriate
removal of the challenged use content from the Website or
Services and/or termination of the COMPANY user's account.
DMCA Notice of Alleged Infringement ("Notice")
* Identify the copyrighted work that you claim has been
infringed, or - if multiple copyrighted works are covered by
this Notice - you may provide a representative list of the
copyrighted works that you claim have been infringed.
* Identify the material or link you claim is infringing (or
the subject of infringing activity) and that access to which
is to be disabled, including at a minimum, if applicable,
the URL of the link shown on the relevant website where such
material may be found.
* Provide your mailing address, telephone number, and, if
available, email address.
* Include both of the following statements in the body of
the Notice:
* "I hereby state that I have a good faith belief that the
disputed use of the copyrighted material is not authorized
by the copyright owner, its agent, or the law (e.g., as a
fair use)."
* "I hereby state that the information in this Notice is
accurate and, under penalty of perjury, that I am the owner,
or authorized to act on behalf of the owner, of the
copyright or of an exclusive right under the copyright that
is allegedly infringed."
* Provide your full legal name and your electronic or
physical signature.
Deliver this Notice, with all items completed, to COMPANY
Designated Copyright Agent at:
insight @ combustive . ai (without spaces).
7. Entire Agreement. The Terms embody the entire
agreement and understanding between COMPANY and you with
respect to the subject matter of the Terms and supersedes
all prior oral or written agreements and understandings
relating to the subject matter of the Terms. No statement,
representation, warranty, covenant or agreement of any kind
not expressly set forth in the Terms shall affect, or be
used to interpret, change or restrict, the express terms and
provisions of the Terms.