"Mitra" refers to Paladin Biotechnology Corporation and its directors, officers, employees, agents, and affiliates. "You" or "Your" refers to any user of the Service (as defined below).
Mitra provides an artificial intelligence phone calling system and related services (collectively, the "Service"). Your use of the Service is governed by these Terms of Use ("Terms").
By using the Service, you agree to be bound by these Terms. If you do not agree to all of the Terms, you may not access or use the Service. These Terms expressly supersede and replace any prior agreements or understandings, written or oral, relating to the Service.
Mitra reserves the right, at its sole discretion, to modify these Terms, including the Privacy Policy and other policies incorporated herein, at any time and without prior notice. Your continued use of the Service after any such changes constitutes your binding acceptance of the new Terms.
You represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you may not use the Service.
You agree not to use the Service for any unlawful purpose or in any way that violates local, state, national, or international laws. You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations. Prohibited uses include but are not limited to:
Your content. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.
Ownership of content. As between you and Mitra, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
Similarity of content. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output.
Our use of content. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.
Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.
When you use our Services you understand and agree:
You agree not to upload, post, host, or transmit any User Content that:
Mitra has sole discretion to determine whether User Content violates this Acceptable Use Policy. Mitra may at any time remove User Content that violates this policy. Repeated violations may lead to account termination.
To access certain features, you may be required to register and create a user account. When you register, you agree to: (a) provide accurate, current and complete account information, (b) maintain and promptly update your information, (c) maintain the confidentiality of your login credentials, and (d) be fully responsible for all use of your account and for any actions that take place through your account, whether or not authorized by you. You may not select an inappropriate username that violates this Agreement or impersonates someone else.
Our Privacy Policy is incorporated into these Terms by reference. Please read the full Privacy Policy at https://www.simulation-applications.com/privacy-policy before using the Service. The Privacy Policy governs our collection and use of your information.
The Service is owned and operated by Mitra. The visual interfaces, graphics, design, systems, methods, information, computer code, software, services, "look and feel", organization, compilation of the content, code, data, and all other elements of the Service (collectively, "Materials") are owned by Mitra and are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights. All Materials are the copyrighted property of Mitra or its subsidiaries or affiliates under the laws of the United States and other countries. Mitra reserves all rights not expressly granted in these Terms.
If you provide Mitra with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Service ("Feedback"), you hereby assign to Mitra all right, title, and interest in that Feedback, including all intellectual property rights. Mitra may use and share any Feedback without restriction or compensation to you.
You agree to fully indemnify, defend, and hold harmless Mitra from and against any and all claims, damages, liabilities, losses, investigations, inquiries, costs, and expenses (including attorneys' fees and court costs) that arise out of or result from (i) your use or misuse of the Service, (ii) your violation of these Terms, and (iii) your violation of any rights of another. Mitra reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate in that defense. You agree that the provisions in this paragraph will survive any termination of your account or the Service.
THE SERVICE AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MITRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MITRA DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
MITRA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE ACCESS OR USE OF THE SERVICE OR MATERIALS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR MATERIALS IS TO STOP USING THE SERVICE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF MITRA FOR ALL DAMAGES, LOSSES, AND CLAIMS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you. In such jurisdictions, Mitra's liability is limited to the greatest extent permitted by law.
Mitra may terminate your access and use of the Service, at any time and for any reason. Mitra may suspend or terminate your account if you violate these Terms, abuse the Service, use the Service in a way not intended, commit fraud, or violate any applicable law. If your access is terminated, your account will be deactivated and you may no longer be able to access your account or any files or other content contained in the account, and Mitra will have no liability to you.
These Terms are governed by the laws of the State of California without regard to conflict of law principles. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco County, California.
Mitra reserves the right, at its discretion, to change these Terms at any time. Your continued use of the Service after any changes constitutes your acceptance of the new Terms. If any change is unacceptable to you, your sole remedy is to cease using the Service.
If any provision of these Terms is found unenforceable, it shall be severed without affecting enforceability of the remaining provisions. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Mitra. No person or entity not a party to these Terms is an intended third party beneficiary, and no provision hereunder confers any right or benefit to such third party. Mitra may assign its rights and obligations under these Terms.
These Terms constitute the entire agreement between you and Mitra with respect to the Service.
You agree to comply with all applicable laws and regulations when using the Service, including Federal Communications Commission regulations regarding telemarketing calls, autodialed calls, prerecorded calls, and unsolicited advertisements. You will not use the Service for any unlawful purpose, including violating federal and state telemarketing laws.
You may only use the Service to make calls to persons who have provided prior express consent to be called or with whom you have an established business relationship, as defined under applicable law. Mitra reserves the right to request evidence of such consent or business relationship.
Mitra reserves the right to immediately suspend or terminate your use of the Service if it determines that your calling activities do not comply with applicable laws or these Terms.
Mitra reserves the right to modify the Service to comply with any changes in applicable laws or regulations regarding calling practices, spam, and telemarketing. Your continued use of the Service after any such changes constitutes your acceptance. If any change is unacceptable, you must immediately cease using the Service.