Terms of Service

1.Acceptance of Terms

By accessing or using the Engium platform, services, or website, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site. These terms constitute a legally binding agreement between you and Engium Technologies Inc.

2.User Account

To access certain features of the service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate. You are responsible for safeguarding your password and for any activities or actions under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

3.Acceptable Use Policy

You agree not to engage in any of the following prohibited activities:

• Copying, distributing, or disclosing any part of the service in any medium, including by any automated or non-automated "scraping", without prior written authorization.
• Using any automated system, including robots, spiders, or offline readers, to access the service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period.
• Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the service.
• Taking any action that imposes an unreasonably or disproportionately large load on our infrastructure, or uploading invalid data, viruses, worms, or other software agents through the service.

4.Subscription & Billing

Subscription fees are billed in advance on a monthly or annual basis and are non-refundable except as required by law. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. We reserve the right to change pricing with 30 days notice.

5.Termination

We may terminate or suspend your account and bar access to the service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever, including but not limited to a breach of these Terms. If you wish to terminate your account, you may simply discontinue using the service or contact us to request account deletion. All provisions of the Terms that by their nature should survive termination shall survive.

6.Intellectual Property Rights

The service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Engium Technologies Inc. and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. You retain ownership of all content you submit, post, or display on or through the service, and by doing so you grant us a worldwide, non-exclusive license to use, process, and display that content solely to provide the service.

7.Disclaimers

“The service is provided on an "AS IS" and "AS AVAILABLE" basis. Engium makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content, or materials included therein.”

Engium does not warrant that the service will function uninterrupted, secure, or available at any particular time or location; that errors or defects will be corrected; or that the service is free of viruses or other harmful components. You expressly agree that your use of the service is at your sole risk.

8.Limitation of Liability

In no event shall Engium, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, the service — whether based on warranty, contract, tort, or any other legal theory and whether or not Engium has been advised of the possibility of such damage.

9.Indemnification

You agree to defend, indemnify, and hold harmless Engium and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from: your use of and access to the service; your violation of any term of these Terms; or your violation of any third-party right, including any intellectual property or privacy right.

10.Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

11.Dispute Resolution

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Wilmington, Delaware, using the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (JAMS). The arbitrator shall award to the prevailing party all costs and fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

12.Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our service after any revisions become effective, you agree to be bound by the revised terms.

13.Contact Information

If you have any questions about these Terms of Service, please contact our legal department: