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Terms of Service

Please read these terms of service very carefully before using or registering for the Soffos web site and Services and / or interacting with the Soffos avatar. These terms of service (“Agreement”) govern you accessing content and using www.soffos.ai and its affiliates’ web sites and mobile applications.  This Agreement between you (“you”) and Soffos, is subject to change by us as described below.  By accessing the website, its features, and in particular the interactive ‘ask Soffos’ feature, you (i) accept this Agreement; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and Soffos.

  1. This web site and any mobile application (collectively the “Site”) is owned and operated by Soffos, Inc. (referred to as “Soffos” herein). The Site and its content (“Content”) and the ‘Ask Soffos’ interactive feature and / or the SaaS learning platform service (“Service”) may only be accessed in accordance with this Agreement.  Any violation of the copyright in the Content or these terms and conditions may be enforced by Soffos or the copyright owner to the fullest extent allowed by law.  
  2. You acknowledge and agree that Soffos may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Soffos’ sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Soffos when you stop using the Services.  You acknowledge and agree that if Soffos disables access to any feature or service, you may be prevented from accessing the Services, your account details or any files or other materials which is contained in your account, if you have one.
  3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Soffos, unless you have been specifically allowed to do so in a separate agreement with Soffos.  You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).  Unless you have been specifically permitted to do so in a separate agreement with Soffos, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.  You agree that you are solely responsible for (and that Soffos has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Soffos may suffer) of any such breach.
  4. Soffos does not charge for access using its mobile application; however, your carrier rates will apply, such as fees for text messaging and data charges.  You hereby acknowledge, agree, and provide consent in order for users to sync any device with your information.
  5. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from whom such materials originated, which may be you.  
  6. Soffos reserves all rights not specifically granted herein.  You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service.  The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof.  Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited.  In no event shall the user frame any portion of the Site or any materials contained therein.  
  7. While Soffos uses reasonable efforts to include accurate and up-to-date information on the Site, Soffos makes no warranties or representations as to its accuracy. Soffos assumes no liability or responsibility for any errors or representations in the Content or this Site.  
  8. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Soffos is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
  9. If you submit material, unless such content or material submittal is subject to separate terms and conditions, Soffos shall own such content and material and you hereby assign any rights in such content and material to Soffos.  In the event ownership in the content or material cannot be granted to Soffos, you grant Soffos and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof.  Furthermore, you grant Soffos, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content.  You represent and warrant that all content and materials you provide: (a) shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party; and (b) shall comply with all content restrictions set forth in this Agreement.  Furthermore, you represent and warrant that your use of the Service in connection with any Content or third party content complies with all laws including, but not limited to, United States copyright law.  You will defend, indemnify and hold Soffos and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.
  10. At your discretion, you may provide feedback to Soffos concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”).  If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to Soffos.  In the event ownership in the Feedback cannot be granted to Soffos, you grant Soffos at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction.  You agree that Soffos may disclose that Feedback to any third party in any manner and you agree that Soffos has the ability to sublicense all Feedback in any form to any third party without restriction.
  11. The Site may contain areas in which additional terms and conditions apply.  For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail.  Soffos may at any time revise these Terms and Conditions by updating this posting.  You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
  12. You shall not transmit to Soffos or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
  13. You may not use your username and password for any unauthorized purpose.
  14. Soffos may retain and use, information collected in your use of the Service, provided such information does not individually identify you. Soffos may collect, use and share your personal information in accordance with its Privacy Policy.
  15. Soffos does not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to Soffos. If Soffos discovers that a person under the age of 13 has provided Soffos with any personal information, Soffos will use commercially reasonable efforts to delete such person's personal information from all Soffos systems.
  16. Soffos may terminate your access to our Site or the Service for any reason at any time.  The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to our Site or Service.
  17. By using this Site, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property.  If you do not agree to these terms of use, please do not use the Site.
  18. The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Soffos’ proprietary rights in them.
  19. THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  SOFFOS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES.  SOFFOS MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE.  TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, SOFFOS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS.  THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.  SOFFOS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
  20. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SOFFOS OR ITS THIRD PARTY LICENSORS 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 OR THE SERVICE, EVEN IF SOFFOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOFFOS’ AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF SOFFOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.  IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  21. You shall not assign or transfer this Agreement without the prior written consent of Soffos. Any attempt to assign or transfer this Agreement by you shall be void.
  22. The laws of the State of Texas, excluding its conflicts of law rules, govern this Agreement and your use of the Site. Notwithstanding the foregoing, the Arbitration Agreement in Section 30 shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
  23. Soffos shall not be liable to you for any delay or failure of Soffos to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Soffos.  Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder.
  24. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms.
  25. Each provision of this Agreement is a separately enforceable provision.  If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.  The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law.
  26. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.  
  27. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
  28. The section headings used herein are for convenience only and shall not be given any legal import.  
  29. Arbitration Agreement. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA [Consumer or Commercial] Arbitration Rules.  The place of arbitration shall be Austin, Texas. The language to be used in the arbitral proceedings shall be English.  The Parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator.  The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the Parties and may be entered in any court of competent jurisdiction.  You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. By using the Site and / or any of its features and services in any manner, you agree to this arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Soffos. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Licensed Application.  

    All claims arising out of or relating to this Agreement, to the Services, or to your relationship with Soffos that, for whatever reason, are not submitted to arbitration will be litigated exclusively in the federal or state courts of Travis County, Austin, Texas, U.S.A. You and Soffos consent to the exercise of personal jurisdiction of such courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.
  30. This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto.

Privacy Policy & Terms of Use

Introduction

Soffos, Inc ("Company" or "We") respects your privacy and is committed to preserving it. Accordingly, this policy describes the types of information we may collect from you or that you may provide to you when you visit the Soffos.ai website, including any related mobile applications and other services (our "Website") and / or practices for collecting, using, keeping, protecting and disclosing that information.

This policy applies to information we collect:

• On this Website.
• From e-mails, text and form submissions from this Website.
• Via telephone if appropriate.

This policy does not apply to information collected by:

• Any other website operated by the Company or any third party (including our affiliates and subsidiaries); or any application connected via any third party.

By accessing or using this Website or otherwise providing us your information, you agree to the conditions of this Privacy Policy, so please read it carefully to understand how we treat your data. 

If you do not agree with our policies and practices, please do not use our Website. This policy may change from time to time. Your continued use of this Website or providing us information after we make changes is deemed to be your acceptance of any changes, so please check the policy periodically for any updates. The date of the last revision of this Privacy Policy - 24th July 2020.


Our Policies:

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information via our contact form nor by any other method of communication. We try to ensure that we do not knowingly collect personal information from children under 13. Accordingly, anyone under the age of 13 must NOT provide any information including name, address, telephone number, e-mail address or any other identifying criteria. 

If we learn that we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us via info@soffos.ai


Information We Collect About You and How We Collect It

We collect several types of information related to users of our Website ("personal information"), including information such as:

• Your name, e-mail address, telephone number, and other identifiers by which you may be contacted online or offline.

• Details about your Internet connection, browser information, IP addresses, the equipment you use to access our Website, and usage details.


We collect this information:

• If you fill out web forms or request further services;

• If you report a problem with our Website;

• From records and copies of your correspondence (including e-mail addresses), if you contact us;

• From your responses to surveys that we might ask you to complete for research purposes.

• From third parties, for example, any affiliates, contractors or business partners.


Information We Collect Through Automatic Data Tracking Technologies

As you navigate through and interact with our Website, we may use automatic data tracking and collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

• Details of your visits to our Website, including traffic data, logs, and other communication data and the resources that you access and use on the Website.

• Information about your computer and Internet connection, including your IP address, operating system and browser type.

The information we collect automatically is collected as statistical data and does not include personal information:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. The Website is not designed to recognize or respond to "do not track" signals received from browsers.

• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see the "Choices about How We Use and Disclose Your Information" section below.

• Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).


How We Use Your Information

We use information we collect about you or that you provide to us, including any personal information:

• To present our Website and its contents to you;

• To provide you with information, products or services;

• To fulfil any other purpose for which you provide it;

• For any other purpose with your consent.


Disclosure of Your Information

We may disclose anonymous, aggregated data about our users, without restriction.

We may also disclose personal information that we collect or you provide as described in this Privacy Policy:

• To our subsidiaries and affiliates;

• To contractors, service providers and other third parties that we may use in furtherance of our business;

• In connection with a merger, restructure or acquisition;

• To fulfil the purpose for which you provide it;

• For any other purpose disclosed by us when you provide the information with your consent.


We may also disclose your personal information:

• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others;

• To comply with any court order or proper legal process, including in response to any governmental or regulatory request.


Choices About How We Use and Disclose Your Information

We attempt to provide you with choices regarding the personal information you provide to us. You can use the following technological methods to control this:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. You can control the information collected by such tracking technologies or be alerted when cookies are sent by adjusting the settings on your Internet browser or devices. You can learn more about targeted ads and your options for opting out of receiving interest-based ads at optout.aboutads.info and www.networkadvertising.org/choices. If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly.

• Site Usage Tracking Technologies. We employ technologies, such as Google Analytics, that allow us to record how you engage with the Website. This includes, without limitation, clicks on various Website elements, length of time spent on specific pages, and mouse movements. This information is used solely for the purpose of improving the Website. You can learn more about Google Analytics and your options for opting out of interest-based Google ads at https://adssettings.google.com

• Promotional Offers from the Company. If you do not wish to have your e-mail address used by the Company to promote our own or third parties’ products or services, you can opt-out by clicking the "Unsubscribe" link in the footer of any related e-mail. This opt out does not apply to information provided to the Company as a result of a purchase, product service experience, or other transactions;

• The California Civil Code permits any customers normally resident in the state of California to request certain information regarding our disclosure of personal information to third parties, for their own direct marketing purposes. To make such a request, please e-mail us via info@soffos.ai


Accessing and Correcting Your Information

Depending upon the law of your jurisdiction, you may have the right to:

(i) Access certain personal information that we may hold about you; 

(ii) Ask us to delete your personal information from our database;

(iii) Request that we update or correct inaccuracies regarding your information;

(iv) Object to our use of your personal information;

(v) Request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes (e.g. California residents as above).

You may send us an e-mail via info@soffos.ai to request access to, correct, delete or download a copy of any personal information that you have provided to us, or to make any other inquiries you may have about this Privacy Policy. 

To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to any information. We may not comply if we believe that our response would affect other customer’s safety or rights, or if it might cause us to violate any legal regulations. 

We also may not comply with an information change request if we believe such change might render the information concerned to be incorrect. An administration charge might be levied, dependent upon the nature of the request. We would advise you of such a fee and gain your acceptance of it before we complied with any request.


Data Security & Transfer

All information you provide to us is stored on secure servers. We have implemented industry standard measures designed to secure your personal information from accidental loss and from unauthorized access and disclosure. We limit access to, and use of, your personal information to authorized persons and trusted third parties who have a reasonable need for access in order to perform business operations. Any third party is bound by confidentiality obligations with us.


Liability and Data Transfer Jurisdictions

We are not responsible for the actions of others regarding any privacy settings or security measures contained on the Website. We cannot claim that the Website is lawful for access outside the United States. Indeed, many of our databases, and those of our providers, are located in the United States; therefore if you access the Website from outside the United States, you are consenting to the transfer of your personal information from your location the USA. 

You are solely responsible for complying with all local and other applicable laws. By sending us any information, you are consenting to its storage within the United States.


Changes to Our Privacy Policy

It is our policy to post any changes we make to our Privacy Policy via this URL. You are also responsible for ensuring we have an extant and functioning email address for you. You should periodically visit this page to confirm that you are satisfied with its contents. 


Our Contact Information

To ask questions or provide comment about this Privacy Policy and its related procedures, contact us at: info@soffos.ai