NYHA Corp. dba ESKU.AI Website Terms of Use
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE AND THE SERVICE.
This website (the “Site”) is operated by NYHA Corp. dba ESKU.AI (collectively referred to as “Provider”) and the services provided to you through this Site (the “Services”) are subject to the following terms and conditions (“Terms”). By accessing or using this Site, you are agreeing to comply with these Terms, which form a legally binding agreement between you and the Provider.
Please note that Provider may, at its discretion, modify these Terms at any time. Any changes will be posted to this page and will become effective seven (7) days after being posted. If you do not agree with any changes to these Terms, your sole remedy is to discontinue using the Services and cancel your account. Your continued use of the Services after the changes take effect signifies your agreement to the updated Terms.
1. Content Copyright
The content on this Site is protected by copyright, trademark, and other intellectual property laws. You agree that the content, including any software, may not be reproduced, modified, distributed, transmitted, or used for commercial purposes without prior written consent from the Provider. Unauthorized use of content on this Site may violate copyright and trademark laws and is strictly prohibited.
2. Trademarks
The names, logos, and associated brands related to NYHA Corp. dba ESKU are trademarks of the Provider. You may not use these trademarks in any way that may cause confusion or in any way that discredits the Provider without express written permission. Trademarks and other marks not owned by the Provider remain the property of their respective owners.
3. Use of the Site
You agree that this Site, or any portion of it, may not be reproduced, copied, sold, or used for any unauthorized commercial purposes. Provider reserves the right to terminate accounts or refuse service if it believes there is any violation of applicable laws or a breach of these Terms. Any unauthorized use of data mining tools or similar methods to extract information from the Site is prohibited.
4. Copyright Infringement
Provider respects the intellectual property rights of others. If you believe your work has been used in a way that constitutes copyright infringement, please refer to the “Notice and Procedure for Making Claims of Copyright Infringement” outlined below.
5. Software Available on the Site
Any software made available on this Site is the copyrighted property of Provider or its suppliers. The use of such software is governed by the terms of the end user license agreement (EULA), if provided. Any unauthorized reproduction or redistribution of the software is strictly prohibited and may result in legal consequences.
6. Limitation of Liability
In no event shall Provider’s liability to you exceed the cost of your previous month’s service plan if applicable. Provider will not be responsible for incidental, special, or consequential damages, including loss of profits or business opportunities, nor for punitive damages, attorney’s fees, or any other damages arising from your use of the Site, Services, or Software.
7. Disclaimer
The Site, Services, and Software are provided on an “as is” basis without warranties of any kind, either express or implied. Provider does not guarantee uninterrupted or error-free service and will not be liable for any damages resulting from the use of the Site, Services, or Software.
8. Links to Third-Party Sites
This Site may contain links to third-party websites. Provider is not responsible for the content or updates on third-party sites. If you have concerns about third-party links, please contact the respective site administrators.
9. Class Action Waiver
All disputes must be resolved individually and not as part of a class action or similar proceeding. Neither you nor Provider will act as a representative in a class action without the consent of all parties involved.
10. API Terms
If you access your ESKU account via an API, your use of the API is subject to these Terms, including limitations on liability and potential suspension of access due to abuse or excessive usage.
11. No Unlawful or Prohibited Use
You agree not to use this Site for any unlawful purpose or in a manner that could harm, disable, or impair the Site. You may not access any materials or information not intentionally made available through the Site.
12. Indemnification
You agree to indemnify and hold Provider harmless from any claims, damages, or expenses arising from your use of the Site, Services, or Software, or your violation of these Terms.
13. Materials Provided to the Site
You may post or submit content to the Site, provided it does not violate any laws or infringe on third-party rights. By posting content, you grant Provider a non-exclusive, royalty-free, perpetual, and irrevocable license to use, distribute, and modify the content for business purposes.
14. Governing Law
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any legal disputes arising out of these Terms will be resolved in the state or federal courts located in New York.
15. Miscellaneous
If any provision of these Terms is found to be invalid, the remaining provisions will remain in effect. These Terms represent the entire agreement between you and Provider. Any waiver of rights under these Terms must be in writing and signed by Provider.
16. Prohibited Activities
You shall not transmit any harmful code to the Site, use your password for unauthorized purposes, or engage in any activity that violates local, state, or federal laws.
For any further questions or concerns regarding these Terms of Use, please contact Provider at legal@esku.ai.
These Terms were last updated on October 5, 2024.