Licensing terms
Updated at December 8th, 2024
General Terms
By accessing and placing an order with CommentsGist, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and CommentsGist. Under no circumstances shall CommentsGist team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if CommentsGist team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. CommentsGist will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.
License
CommentsGist grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the app strictly in accordance with the terms of this Agreement. These Terms & Conditions are a contract between you and CommentsGist (referred to in these Terms & Conditions as "CommentsGist", "us", "we" or "our"), the provider of the CommentsGist website and the services accessible from the CommentsGist website (which are collectively referred to in these Terms & Conditions as the "CommentsGist Service"). You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the CommentsGist Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.
Definitions and key terms
To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as: ● Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information. ● Company: when this terms mention “Company,” “we,” “us,” or “our,” it refers to Artificialis, Inc., that is responsible for your information under this Terms & Conditions. ● Country: where CommentsGist or the owners/founders of CommentsGist are based, in this case is USA page 2/10 ● Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit CommentsGist and use the services. ● Service: refers to the service provided by CommentsGist as described in the relative terms (if available) and on this platform. ● Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you. ● App/Application: CommentsGist app, refers to the SOFTWARE PRODUCT identified above. ● You: a person or entity that is registered with CommentsGist to use the Services.
Restrictions
You agree not to, and you will not permit others to: ● License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the app or make the platform available to any third party. ● Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the app. ● Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of CommentsGist or its affiliates, partners, suppliers or the licensors of the app.
Payment
If you register to any of our recurring payment plans, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, you must provide CommentsGist with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Premium plan. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider. By providing CommentsGist with your credit card number and associated payment information, you agree that CommentsGist is authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to CommentsGist hereunder and that no additional notice or consent is required. You agree to immediately notify CommentsGist of any change in your billing address or the credit card used for payment hereunder. CommentsGist reserves the right at any time to change its prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to your organization’s administrator(s). Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. No contract will exist between you and CommentsGist for the Service until CommentsGist accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication. You are responsible for any third-party fees that you may incur when using the Service.
Return and Refund Policy
Thanks for shopping at CommentsGist. We appreciate the fact that you like to buy the stuff we build. We also want to make sure you have a rewarding experience while you’re exploring, evaluating, and purchasing our products. As with any shopping experience, there are terms and conditions that apply to transactions at CommentsGist. We’ll be as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase at CommentsGist, you agree to the terms along with CommentsGist’s Privacy Policy. If, for any reason, You are not completely satisfied with any good or service that we provide, don't hesitate to contact us and we will discuss any of the issues you are going through with our product.
No Warranties
The app is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, CommentsGist, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, CommentsGist provides no warranty or undertaking, and makes no representation of any kind that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, apps, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither CommentsGist nor any CommentsGist's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the app, or the information, content, and materials or products included thereon; (ii) that the app will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the app; or (iv) that the app, its servers, the content, or e-mails sent from or on behalf of CommentsGist are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of CommentsGist and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the app. To the maximum extent permitted by applicable law, in no event shall CommentsGist or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the app, third-party software and/or third-party hardware used with the app, or otherwise in connection with any provision of this Agreement), even if CommentsGist or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Disclaimer
CommentsGist is not responsible for any content, code or any other imprecision. CommentsGist does not provide warranties or guarantees. In no event shall CommentsGist be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. The CommentsGist Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. CommentsGist is a distributor and not a publisher of the content supplied by third parties; as such, CommentsGist exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the CommentsGist Service. Without limiting the foregoing, CommentsGist specifically disclaims all warranties and representations in any content transmitted on or in connection with the CommentsGist Service or on sites that may appear as links on the CommentsGist Service, or in the products provided as a part of, or otherwise in connection with, the CommentsGist Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by CommentsGist or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, CommentsGist does not warrant that the CommentsGist Service will be uninterrupted, uncorrupted, timely, or error-free.
Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of CommentsGist. CommentsGist 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. CommentsGist operates and controls the CommentsGist Service from its offices in USA. 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. Accordingly, those persons who choose to access the CommentsGist 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. These Terms & Conditions (which include and incorporate the CommentsGist Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and CommentsGist 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.
