4. CONTENT
4.1. General. Customer’s use of the Services is at its own risk with regard to any and all content, documents, materials, data, information or communications submitted, published, disseminated or transmitted to or through, saved in, displayed on or otherwise contained in or communicated through the Services (including, but not limited to all transcripts and related information, dashboards, reports, company overviews and insights, profile information, general text, and design, and the selection and arrangement of such content) (collectively "Content"), including Content that AllMind AI makes available through or in or in connection with the Services (“AllMind AI Content”). AllMind AI Content is the proprietary information of AllMind AI or its licensors, with all rights reserved by AllMind AI. Customer's use of the Services and any Content is at its own risk. Customer waives any claim that it may have against AllMind AI, its affiliates, and their respective officers, directors, members, employees and agents, licensees and customers (collectively, the "AllMind AI Parties," and each, individually, an "AllMind AI Party") with regard to any content transmitted through the Services by Customer or any other person using a customer's account (including, but not limited to, feedback offered on a voluntary basis, or other content transmitted by Customer, whether transmitted via email, ftp or other offline means, the File Sync desktop application, bulk upload, Web Clipper or other browsers plugins, or through annotations or other notes created in the Services or through any other means) ("Customer Content"). In the event Customer subscribes to certain Services that allows Customer to integrate, upload, or synchronize Customer Content into or with the AllMind AI Services, the amount of Customer Content that may be integrated, uploaded, or synchronized shall be limited to 100MB per Authorized User and 5GB per Customer, unless otherwise set forth in a Services Agreement.
4.2. Customer Content.
4.2.1. Customer acknowledges and agrees that: (i) AllMind AI shall not be responsible for Customer Content or any other Content that is not AllMind AI Content and (ii) AllMind AI does not and could not effectively, control, verify, or endorse Customer Content or any other Content that is not AllMind AI Content.
4.2.2. IF ANY CUSTOMER CONTENT CONTAINS OR DEPICTS ANY COPYRIGHT, TRADEMARK, RIGHT OF PUBLICITY OR PRIVACY, OR ANY OTHER INTELLECTUAL PROPERTY OR SIMILAR RIGHTS, AS WELL AS RIGHTS ASSOCIATED WITH ANY RECOGNIZABLE NAME, VOICE, PERSON, OR IMAGE (COLLECTIVELY "THIRD PARTY IP"), THE HOLDER OF THE RIGHTS TO SUCH THIRD PARTY IP MAY HAVE THE RIGHT TO CLAIM THAT USE OF SUCH CONTENT (INCLUDING BUT NOT LIMITED TO IN CONNECTION WITH CUSTOMER'S USE OF THE SERVICES) INFRINGES ON THE OWNER'S INTELLECTUAL PROPERTY RIGHTS. CUSTOMER WILL BE SOLELY RESPONSIBLE FOR, AND CUSTOMER WILL INDEMNIFY AND HOLD HARMLESS THE ALLMIND AI PARTIES FOR, ANY AND ALL RISK ASSOCIATED WITH CUSTOMER CONTENT, INCLUDING BUT NOT LIMITED TO ANY CLAIM ASSERTING THAT CUSTOMER CONTENT (OR ANY PORTION THEREOF), AND/OR THE STORING IN OR SUBMISSION OR TRANSMISSION TO, THROUGH OR IN CONNECTION WITH THE SERVICES, INFRINGES UPON ANY THIRD PARTY IP RIGHTS.
4.2.3. Customer represents and warrants that:
4.2.3.1. Customer Content (including the creation, submission, storage or transmission thereof) complies with this Agreement and any and all applicable laws.
4.2.3.2. Customer Content will not infringe any third party's proprietary rights or rights of publicity or privacy.
4.2.3.3. Customer will promptly handle and resolve any notices and claims relating to Customer Content, including any notices sent to Customer by any person claiming that any content violates any Third Party IP rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices.
4.2.3.4. Customer Content will be free of any virus, worm, lock, or other mechanism or device that may be used to modify, delete, damage or disable the Services or prevent its use in the manner contemplated in the Agreements, any other hardware or computer system or software, or which would otherwise render inaccessible or impair the use of any of the same in any way.
4.2.3.5. Customer will maintain appropriate security, protection and backup copies of Customer Content, which may include, Customer's use of additional encryption technology to protect Customer Content from unauthorized access.
4.2.3.6. No Customer Content is subject to any terms or conditions that might be breached by such Customer Content being used in connection with the Services.
4.2.3.7. No Customer Content could reasonably be deemed to be harmful, threatening, unlawful, defamatory, libelous, slanderous, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable.
4.2.4. If, after submission of Customer Content to AllMind AI, Customer receives any notice or otherwise learns in any way that any of the representations herein were not accurate, not complete or were misleading in any material respect or no longer are accurate, complete and not misleading in all material respects or of any claim by a third party to the effect of the foregoing, Customer will promptly provide AllMind AI with written notice all relevant facts regarding the same and, if appropriate, remove the Customer Content from the Services.
4.2.5. Customer acknowledges and agrees that AllMind AI does not and cannot review all Content uploaded to the Services and is not responsible for the content, quality, or consequences of Customer uploading any Customer Content to the Services, and AllMind AI reserves the right to delete, move, refuse to accept or edit any Content (including but not limited to Customer Content) that AllMind AI may determine, in its sole discretion, violates or may violate the terms of the Agreement or any Third Party IP right(s) in AllMind AI's reasonable discretion.
4.2.6. AllMind AI may in its reasonable discretion, disable or terminate the accounts of any Authorized User who infringes or attempts to infringe the copyrights or other intellectual property rights of AllMind AI or any third party.
4.2.7. AllMind AI provides functions that allow Customer to control who may access Customer Content. Customer acknowledges that, if it enables the features that allow Customer to share Customer Content with others, anyone Customer has shared Customer Content with may have access to Customer Content. Furthermore, Customer agrees that any such Customer Content can be read by the operators and/or other agents of AllMind AI, whether or not they are the intended recipients. If AllMind AI asks Customer to cease and desist from sharing any Customer Content with any third party, Customer agrees to comply with such request immediately.
4.2.8. Customer hereby grants AllMind AI the right to transmit and use Customer Content solely to the extent necessary to provide Customer with access to and use of the Services, as otherwise permitted by this Agreement, or as may be necessary or appropriate to comply with any request of a governmental or regulatory body (including subpoenas or court orders), or as otherwise required or permitted by law.
4.3. Third Party Content. Customer acknowledges and agrees that certain AllMind AI Content accessed through the Services may belong to third party providers of AllMind AI ("Third Party Content") and agrees that such Third Party Content is subject to the additional terms available at https://allmind.ai/3p-terms. Third Party Content is the property of third party content providers or others and may be subject to copyright protections. Such Third Party Content has been independently obtained by AllMind AI from various financial markets information services and data vendors, news and information providers, digital media providers, various securities markets, public websites, intermediaries engaged in the aggregation and transmittal of such data, and others. Customer acknowledges and agrees that Third Party Content is provided at the discretion of the applicable third party provider and AllMind AI cannot guarantee the inclusion of any particular Third Party Content in its Services. In the event of a discontinuance or termination of AllMind AI's access to any Third Party Content or for any other reason, AllMind AI may, but is not obligated to, replace such Third Party Content with a commercially reasonable alternative. Where applicable, Customer agrees to clearly identify and attribute the third-party content provider as the source of any Third Party Content. Customer will not use the Third Party Content for any unlawful purpose and agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Third Party Content in any manner beyond the licenses granted herein and/or by any applicable Third Party Terms, without the express written consent of AllMind AI and the relevant third-party content providers. Customer agrees to comply with reasonable written requests by AllMind AI to protect the third-party content providers' and AllMind AI's respective rights in the Third Party Content. The obligations under this Section shall remain in effect after termination of this Agreement.
4.4. Intellectual Property.
4.4.1. AllMind AI and/or its licensors or providers, as applicable, own all intellectual property rights in and to any documentation, the Services, AllMind AI Content, any and all updates related to the foregoing, and any and all AllMind AI materials furnished or made available as part of the Services. Aside from the limited license(s) granted to Customer under Section 2 above, no such intellectual property rights are transferred to Customer hereunder. AllMind AI reserves all rights not expressly granted under this Agreement.
4.4.2. AllMind AI and the AllMind AI logo are registered marks of AllMind AI. All other AllMind AI trademarks, service marks, domain names, logos and company names or other proprietary designations of AllMind AI used herein or referred to in the Services or the Website are either trademarks, service marks, domain names, logos or company names or are otherwise the property of AllMind AI. In countries where any of the AllMind AI trademarks, service marks, domain names, logos or company names are not registered, AllMind AI claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name and company names. Other product or company names referred to on the Services or Website may be trademarks of their respective owners. Customer may not use any trademark, service mark, domain name, logo, company name or trade name of AllMind AI or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name or trade name (except, with respect to a company name or trade name, as necessary for purposes of attribution where permitted).
4.5. Artificial Intelligence. AllMind AI does not use Customer Content to train its artificial intelligence models. Customer acknowledges that the Services may contain content or information that was generated using artificial intelligence ("AI") technology. Customer recognizes that such AI technology may still occasionally generate incorrect, incomplete, misleading, irrelevant, or nonsensical information and, accordingly, such information should be treated with the appropriate caution and skepticism. Customer's Authorized Users should refer to and verify any AI generated information through original source documents and/or other reliable and authoritative sources. AI generated content is for informational purposes only and should not be used as a substitute for original research or expert opinions, nor be interpreted as legal, investment, financial, medical, or any other professional advice.
4.6. DISCLAIMERS. THE CONTENT AND SERVICES ARE PROVIDED "AS IS". ALLMIND AI AND ITS SUPPLIERS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT AND/OR NON-INTERFERENCE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ALLMIND AI DOES NOT MAKE ANY WARRANTY THAT (I) THE SERVICES OR CONTENT WILL MEET CUSTOMER'S REQUIREMENTS; (II) THE SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, UPDATED OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; AND (IV) ANY ERRORS IN THE SERVICES OR CONTENT, OR ANY DEFECTS IN THE SERVICES OR CONTENT WILL BE CORRECTED. CUSTOMER'S USE OF THE SERVICES AND THE CONTENT IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK. CUSTOMER WILL BE SOLELY RESPONSIBLE FOR THE OUTCOME OF ANY RELIANCE UPON OR USE OF THE SERVICES OR CONTENT. WITHOUT LIMITING THE FOREGOING, ALLMIND AI DOES NOT ASSUME ANY LIABILITY FOR ANY INFORMATION PRESENTED IN THE CONTENT. ALLMIND AI WILL HAVE NO LIABILITY OF ANY KIND WITH RESPECT TO THE CUSTOMER CONTENT AND THIRD PARTY CONTENT AND WILL NOT BE RESPONSIBLE FOR UNINTENTIONAL DAMAGES OR LOSS, EITHER INCIDENTAL OR DIRECT, ARISING OUT OF ANY LOSS OF CUSTOMER CONTENT. THE SERVICES AND ALL CONTENT THEREIN IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED AS A SUBSTITUTE FOR ORIGINAL RESEARCH OR EXPERT OPINIONS, NOR BE INTERPRETED AS LEGAL, INVESTMENT, FINANCIAL, MEDICAL, OR ANY OTHER PROFESSIONAL ADVICE.
ALLMIND AI TAKES CERTAIN MEASURES TO PREVENT, DETECT, AND CORRECT VIOLATIONS OF THE UNITED STATES SECURITIES LAWS AND OTHER RELEVANT LAWS AND REGULATIONS AND THE DISSEMINATION OF MATERIAL NON-PUBLIC INFORMATION IN CONNECTION WITH THE PROVISION OF THE SERVICES. NOTWITHSTANDING THE FOREGOING, ALLMIND AI DOES NOT GUARANTEE THAT CUSTOMER WILL NOT BE EXPOSED TO ANY MATERIAL NON-PUBLIC INFORMATION OR OTHER CONFIDENTIAL INFORMATION AND CUSTOMER REMAINS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS (INCLUDING, BY WAY OF EXAMPLE AND WITHOUT LIMITATION, THE UNITED STATES SECURITIES LAWS) WHEN USING ANY INFORMATION CUSTOMER MAY OBTAIN IN CONNECTION WITH THE SERVICES. FOR PURPOSES OF THIS AGREEMENT, "MATERIAL NON-PUBLIC INFORMATION" SHALL MEAN INFORMATION THAT IS CONSIDERED MATERIAL NON-PUBLIC INFORMATION UNDER THE UNITED STATES SECURITIES LAWS, INCLUDING, BUT NOT LIMITED TO, THE SECURITIES EXCHANGE ACT OF 1934.