9. Your content and AI output
You keep any ownership rights you have in content you submit, upload or provide through the Services (“Your Content”). You grant PARDX a worldwide, non-exclusive, royalty-free licence, with the right to sublicense to our service providers as necessary, to host, store, reproduce, process, transmit, adapt and otherwise use Your Content solely as reasonably necessary to provide, operate, maintain, secure, personalise, support and improve the Services, in line with these Terms and our Privacy Policy. This licence ends when Your Content is deleted from the Services, except for copies we must keep by law or that remain for a limited time in backups.
This licence does not permit PARDX to use your private content to train general-purpose AI models.
You confirm that you have the rights and permissions needed to provide Your Content and to have it processed through the Services, including information about other people.
As between you and PARDX, and to the extent permitted by law, you own the output your Entity creates for you. Output may not be unique, and similar output may be created for others. You are responsible for how you use output, including making sure it does not infringe the rights of others.
15. Limitation of liability
To the maximum extent permitted by applicable law, PARDX and its affiliates, directors, officers, employees, agents and service providers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, business opportunities, goodwill or data, arising out of or relating to the Services or these Terms, however caused and on any theory of liability, even if advised of the possibility of such damages.
To the extent permitted by law, this applies to claims involving AI-generated content, failed or incorrect task execution, unintended communications or transactions, statements made by your Entity or by any other user’s Entity (including statements that are offensive, inaccurate or defamatory), modification or loss of information, interruptions and other automated actions.
To the maximum extent permitted by law, the total liability of PARDX and the parties above for all claims arising out of or relating to the Services or these Terms will not exceed the greater of US $100 or the amounts you paid PARDX for the Services in the twelve months before the event giving rise to the claim.
To the extent permitted by law, any claim arising out of or relating to the Services or these Terms must be brought within one year after it arises, or it is permanently barred.
These limits do not apply to liability that cannot lawfully be excluded or limited, such as liability for fraud, wilful misconduct, or death or personal injury caused by negligence where such limitation is prohibited.
18. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, United States, and, for section 18.2, the U.S. Federal Arbitration Act, without regard to conflict-of-laws rules.
18.1 Informal resolution first
Before starting any claim, contact us at info@pardx.io with a description of the dispute. Both of us will try in good faith to resolve it within 60 days.
18.2 Arbitration (United States)
If you live in the United States, you and PARDX agree that any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration, not in court, except that either of us may bring an individual claim in small-claims court, and either of us may seek injunctive relief in court for misuse of intellectual property. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, by a single arbitrator, and may be conducted online or by phone. If 25 or more similar claims are brought by the same or coordinated counsel, they may be administered in batches as the rules permit.
You and PARDX waive any right to a jury trial and to bring or take part in any class, collective or representative action. Claims may be brought only in an individual capacity. If this waiver is found unenforceable for a claim, that claim will proceed in court and not in arbitration.
Opting out: you can opt out of this section 18.2 by emailing info@pardx.io within 30 days of first accepting these Terms, with your name, account email and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.
18.3 Courts
Claims not subject to arbitration will be resolved exclusively in the state or federal courts located in Delaware, and both of us consent to their jurisdiction.
18.4 Consumers outside the United States
Section 18.2 does not apply to you if you live outside the United States. If you are a consumer in the European Union, the United Kingdom, Israel or another country whose laws give you mandatory protections, nothing in these Terms removes those protections, including your right to bring proceedings in your local courts.