Terms of use

Agreement

These Terms of Use (“Terms”) govern your access to and use of this website and any content or services made available through it (collectively, the “Site”). The Site is operated in connection with Herak Technologies and the HERAK AI DYNAMICS brand.

Herak Technologies LLC is in formation. Until the LLC is registered and effective, the contracting party for these Terms may be the individual operating the Site or another predecessor structure. Provisions that refer to “we” or “us” apply to whichever entity or person is responsible for the Site at the relevant time.

By using the Site, you agree to these Terms. If you do not agree, do not use the Site.

Changes

We may modify these Terms at any time. We will post the updated Terms on the Site and update the “Last updated” date. Your continued use after changes constitutes acceptance. If you do not agree, stop using the Site.

Use of the Site

You agree to use the Site only for lawful purposes and in a way that does not infringe others’ rights or restrict their use of the Site. You will not attempt to gain unauthorized access to our systems, scrape the Site in violation of these Terms or applicable law, or introduce malware.

Intellectual property

The Site and its content (including text, graphics, logos, and layout) are owned by us or our licensors and are protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to access and view the Site for your personal or internal business use. No other rights are granted.

Submissions

If you submit information through the Site (including the contact form), you represent that the information is accurate to the best of your knowledge and that you have the right to share it. You grant us a license to use submissions to respond to you and operate our business, subject to our Privacy Policy.

Disclaimer of warranties

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD $100) OR (B) THE AMOUNTS YOU PAID US FOR SERVICES DIRECTLY RELATED TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (IF ANY).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnity

You will defend, indemnify, and hold harmless Herak Technologies and its operators, affiliates, and personnel from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your use of the Site, your submissions, or your violation of these Terms or applicable law.

Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles that would require application of another jurisdiction’s laws. You agree that the state and federal courts located in Delaware will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Site, subject to any mandatory consumer protections in your place of residence.

Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Site and supersede prior agreements on that subject.

Contact

For questions about these Terms, use the contact form.