Terms of Service

Last Reviewed: March 11, 2024

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Overview

This website is operated by RocketFuel OÜ. Throughout the site, the terms “we”, “us”, “the Company” and “our” refer to RocketFuel OÜ. RocketFuel OÜ offers this website, including all information, tools and services available from this site to you on all subdomains, subscription platforms, social media platforms, and mobile applications (collectively, the “Site”), the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site, you are using our “Service” and agree to be bound by these terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including our Privacy Policy. These Terms apply to all users of the Service.

Please read these Terms carefully before accessing or using our Service. By accessing or using any part of the Service, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or the Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features, tools, or applications which are added to the current Service shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.

Basic Terms

By creating an account for our Service, you agree to provide true, accurate, current, and complete information. You agree not to create an account using a false identity or providing false information or if you have previously been removed or banned from our Service. You are responsible for maintaining the confidentiality of your account information and for all activities that occur on, or in connection with your account and you agree to notify us immediately of any unauthorized access or use of your account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your account.

You may use the Service only if you are at least 13 years of age. We do not knowingly market or sell products or services for purchase by children. You may buy products or services from us only if you are legally capable of forming a binding contract with our company (or if you are over 13 years old but under 18 years old, with the consent and involvement of a parent or guardian) and are able to abide by and comply with these Terms, and are not a person barred from receiving the Service under the laws of Estonia or any other applicable jurisdiction. By using this Service, you represent and warrant that you meet these requirements. If you do not meet these requirements, you must not access or use the Site or the Service.

You may use the Service only in compliance with these Terms and all applicable local, national, and international laws, rules and regulations. You may not use the Service or our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Your License to Use the Service

We give you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive license to use the Service (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to these Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by us, in the manner permitted by these Terms. The rights to use the Service are licensed, not sold, to you. You may not, except to the extent expressly permitted under this Agreement and by applicable law, (i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service or the Documentation in any form or media or by any means; or (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service; or (iii) use the Service, or the Documentation to provide services to third parties; or (iv) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Service or the Documentation available to any third party; or (v) access all or any part of the Service in order to build a product or service which competes with the Service; or (vi) access without authority, interfere with, manipulate, damage or disrupt all or any part of the Service or assist any third party in doing such acts.

Intellectual Property Rights

The intellectual property rights in the Service, Fair AI Data Materials, Fair AI Data trade names and trademarks, and any associated intellectual property thereof are, solely and exclusively made available to you on or through the Service and shall remain the property of the Company and/or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by the Company and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Service nor may you use any such content in connection with any business or commercial enterprise.

We claim no Intellectual Property Rights in and to Your Assets, applications and software, or any material you provide or otherwise transmit to us via the Service. You retain full ownership of Your Assets. Granting us read access does not transfer ownership or rights over these assets to us.

The term “Your Assets” encompasses but is not limited to:

We are granted read access solely for the purpose of providing the services outlined in this Agreement and for no other purpose. You confirm that you have the legal right to grant this level of access to us and that such sharing does not violate any agreements or terms of service with GitHub, GitLab, DeviantArt, or any other third party.

However, you acknowledge and agree that in order for us to provide Services, we will be inspecting, using, sending to our servers, displaying and storing: (i) information relating to the Your Assets (such as the repository or image name, and asset metadata), Service related files and environmental information and the license information applicable to Your Asset (together, “Asset Information”), in all cases for the purposes of providing the Services.

Additionally, you acknowledge and agree that we may use the Asset Information for analytical purposes (for example, so we can measure how many assets have been logged into its Service) and to improve the Services. We shall continue such use indefinitely and it will not end upon termination of this Agreement or upon your deletion of the relevant project on the project page of the Platform until and unless you send us written notice to cease such use via email at support@fair-data.ai .

Modifications to the Service

The Service and Products that we offer are always evolving, and their form and nature may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) offering the Site or Service (in whole or in part) to you or to users generally, without any prior notice or liability to you.

We do not warrant that use of the Services will be uninterrupted or error-free, or that the Services and/or the information obtained through the Services will meet your requirements; and are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

Certain content and Products available via our Service may include materials from third parties.

Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you forward to us, and may grant sublicenses of these rights. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree and warrant that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree and warrant that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Personal Information

Your submission of personal information through the Service is governed by our Privacy Policy.

Prohibited Uses

In addition to other restrictions set forth in these Terms, you are prohibited from using the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable law or regulation anywhere in the world; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitations of Liability

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE SERVICE OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (A) THE AMOUNT THAT YOU HAVE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, REGARDLESS OF WHETHER SUCH LOSS OR DAMAGES ARE CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING LIMITATIONS AND EXCLUSIONS DO NOT AFFECT ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify, defend, and hold harmless RocketFuel OÜ and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services, the Platform, Service Data and/or Documentation other than in accordance with this Agreement.

Waiver

No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by providing us thirty (30) days’ prior written notice that you wish to terminate via email to support@fair-data.ai

In addition, your right to access and use the Site and Service will terminate if (a) you breach any of these Terms or (b) you initiate any legal actions, except as specifically provided in section “Applicable Law and Disputes”, against any of RocketFuel OÜ, and/or its officers, directors, affiliates, agents, attorneys and employees.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. All provisions that by their nature are intended to survive termination shall so survive.

Entire Agreement

No failure on the part of RocketFuel OÜ to enforce any part of these Terms shall constitute a waiver of any of RocketFuel OÜ’s rights under these terms, whether for part or future actions on the part of any person.

Neither the receipt of any funds by RocketFuel OÜ nor the reliance of any person on RocketFuel OÜ’s actions shall be deemed to constitute a waiver of any part of these Terms. Only specific, written waiver signed by an authorized representative of RocketFuel OÜ shall have any legal effect whatsoever.

These Terms, the Privacy Policy, and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Titles and headings of sections of this Agreement are for convenience only and shall not affect the construction of any provision of this Agreement.

Assignment

You may not assign or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Notwithstanding the foregoing, no consent is required for you to assign your rights and obligations under this Agreement to an Affiliate or to a successor in interest through merger, reorganization, consolidation, or acquisition, provided that you provide us with notice of the assignment. Any attempted assignment, transfer, or other conveyance in violation of the foregoing shall be null and void. No assignment shall relieve the assigning party of any of its obligations hereunder. This Agreement shall be binding upon and shall insure to the benefit of the parties hereto and their respective successors and permitted assigns.

Applicable Law and Disputes

These Terms shall be governed by and interpreted in all respects in accordance with the laws of Estonia, without giving effect to any principles of conflicts of law. You agree that any disputes directly or indirectly arising out of or relating to the Terms or the Service shall be resolved exclusively in Harju County, Tallinn, Estonia. You hereby irrevocably consent to personal jurisdiction, venue, and the exclusive jurisdiction of any such court over any such dispute.

Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms or the Service must be commenced within one (1) year after the claim or cause of action arises.

Changes to Terms of Service

From time to time, we may change these Terms in our sole discretion. All such changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. We will make reasonable efforts to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. You are responsible for regularly reviewing these Terms. Your continued use of the Service following the posting of changes to the Terms indicates your acceptance of those revisions. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

Questions about these Terms should be sent to us via email at legal@fair-data.ai .