Terms of Service

Hyacinth Technologies Inc.

Before using the Hyacinth Technologies Inc. (“Hyacinth”, “we”, “us”, OR “Company”) service (referenced herein as “Service”) you should carefully read the following terms and conditions of use (referred to herein as “Terms of Service”), the Order Form you enter into for the service, and our privacy policy located at https://hyacinth.ai/privacy-policy/ (the “Privacy Policy”).

Using the Service establishes binding Terms between you as the person utilizing the service, either on behalf of yourself or any third party entity (”you”) and Hyacinth. If you do not accept all of these Terms, you shall have no right to use the Service. The right to use the Service is only on the condition that you agree to the Terms. For the avoidance of doubt, “You” as used herein refers to “Customer”, as defined in the signature block at the end of this agreement. The person accessing or using the Service represents and warrants that he or she has the authority to do so and to bind such organization to these Terms. The Terms limit our liability and obligations to you, impose certain obligations on you, allow us to suspend or terminate your access to and use of the Service, and provide you with other important information with respect to the provision of the Services and your use thereof.

By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity and authority to enter into a binding Terms to adhere to the terms and conditions set forth herein, and that the Service will be used only in accordance with these Terms and with all applicable laws. If an individual is registering or using the service on behalf of an entity or organization, that individual warrants, represents, and covenants to Hyacinth that such individual is duly authorized to agree to these Terms on behalf of the organization and to bind the organization to them. 

In order to use the service, you may be required to complete the designated activation process within the service. You also agree to the use of electronic communications in order to enter into these Terms and to the electronic delivery of notices as described below.

1.      Grant of License; Restrictions.

Grant of License. Subject to your compliance with the Terms, Hyacinth hereby grants you a non-exclusive, non-transferable, non-sublicenseable and revocable license for the Service to access and use the Service solely for your internal business purposes and solely in accordance with the information published in these Terms and at https://hyacinth.ai/ describing the capabilities, features, operation and use of the Service (the “Documentation”).

Restrictions.  Your use of the Service is subject to usage limits, including, if relevant, the quantities specified in one or more Order Forms. Hyacinth reserves the right to change usage limits at any time. At such time, you must either use the Service only in compliance with such updated usage limits, or close your account and the license to use the Service and these Terms shall terminate and the provisions set forth in Section 5 shall apply.

Your Account.  You are responsible for safeguarding the access credentials that you use to access the Service. You agree to: (1) keep your access credentials secure and confidential and don’t allow any of your users to provide their access credentials to anyone else; (2) not permit others to use your individual account; and (3) refrain from charging anyone for access to any portion of the Services, your account, or any information therein. You acknowledge that if you wish to protect your transmission of data and/or files to Hyacinth, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Services.  You will be responsible for all activity carried out under your account using access credentials made available to you and anything that happens through your account when you have authorized such activities or actions. If you know or suspect that someone has gained access to access credentials made available to you, you agree to immediately let us know. We will disable and revoke access to the Service via the compromised access credentials and provide support to issue new credentials for continued use. We reserve the right to take any action we deem necessary or reasonable to ensure the security of the Services and your account, including terminating your access or the access of any of your users, changing passwords, or requesting additional information to authorize activities related to your account. In no event and under no circumstances will we be held liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction on our part under this provision, (ii) any compromise of the confidentiality of your account, and (iii) any unauthorized access to or use of your account.

Third Party Links. The Service may contain links to third-party websites or resources. You acknowledge and agree that Hyacinth is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Hyacinth of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

2.      Payment and Taxes.  To the extent you use a Service plan that is made available for a fee, you will be required to select a payment plan and provide accurate information regarding your credit card or other payment instrument. You will promptly update your account information with any changes in your payment information. You agree to pay Hyacinth in accordance with the terms set forth on the Hyacinth’s web site, or in an Order Form, and these Terms, and you authorize Hyacinth or its third-party payment processors to bill your payment instrument in advance on a periodic basis in accordance with such terms. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we increase our prices for your Service plan, we will provide notice of the change in an email to you at least 30 days before the change is to take effect. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount. Hyacinth may choose to bill you through an invoice, in which case, full payment for invoices issued must be received by the date specified in the invoice.

3.      Confidentiality. You agree to limit disclosure of the Service and documentation to those employees, contractors or third parties who (a) have a legitimate need for access to the Service and documentation, and (b) have similarly agreed to preserve and protect the Service and documentation from unauthorized use, disclosure or access. You agree to maintain the confidentiality of the Service and related materials and to protect the Service and documentation from unauthorized use, disclosure or access by using the same degree of care that you use to protect your information of a similar nature. Your obligation as to the nondisclosure of the Service and documentation shall survive termination of these Terms. You agree to keep confidential any commercially valuable, non-public, proprietary and confidential information that is provided to you by Hyacinth (including any software provided as part of the Service and related materials) (collectively, the Service, the documentation, and all other information provided to you by Hyacinth, “Confidential Information”). You agree not to disclose the Confidential Information or make the Confidential Information available to anyone, other than to your employees and contractors with a need to know such information in order to use the Service, without Hyacinth’s written authorization. You will exercise no less than reasonable care to protect the Confidential Information and your account from unauthorized disclosure and access, respectively. You shall not publish, or provide any results of benchmark tests, or other evaluations of the Service without Hyacinth’s prior written consent. 

4.      Ownership. You understand and acknowledge that all rights, titles and interests in and to the Service and the software, code, tools, libraries, links, proprietary methods and systems, know-how, and other technology used to provide the Service or made available to you as part of the Service (collectively, “Our Technology”): (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Except as expressly provided in the documentation accompanying the Services, Our Technology may not be copied, modified, reproduced, republished, posted, displayed, transmitted, sold, offered for sale, or redistributed or disclosed in any way, and you may not make any derivative works of Our Technology, without our prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Service according to these Terms.

5.      Your Data. 

Use of the Service includes the ability for you to upload, post, transmit or otherwise make available data and content related to the Service (collectively “Your Data”). Your Data includes content transmitted in using the Service, which may take the form of messages you send, interactions, comments, profile information and anything else you enter or upload into the Service. Hyacinth will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security.

In order for us to provide the Service to you, we require that you grant us certain rights with respect to Your Data. For example, we need to be able to transmit, store and copy Your Data in order to display it to you and your teammates, to index it so you are able to search it, to make backups to prevent data loss, and so on. Your acceptance of these Terms gives us the permission to do so and grants us any such rights necessary to provide the Service to you, only for the purpose of providing the Service (and for no other purpose). This permission includes allowing us to use third-party service providers (such as Amazon Web Services) in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided.

You are solely responsible and liable for your conduct and for ensuring you have all necessary rights, permissions, and licenses in Your Data to provide it to us, to grant the licenses granted to us hereunder and to use the Content in association with the Service.

You shall own all right, title and interest in and to the data generated from use of Your Data, including all reports, statistics, and other data to the extent generated solely from use of the Service, and all intellectual property rights therein; provided, however, that during the duration of these Terms, you grant to Hyacinth a worldwide, non-exclusive, royalty-free license to aggregate or compile Your Data with other data, including the customer data of other Hyacinth customers so long as such aggregation or compilation omits any data that would enable the identification of you, your clients, or any individual, company or organization (“Aggregated Data”). You hereby grant us a world-wide, royalty free, fully paid up, irrevocable, perpetual, transferable, sublicenseable license, under all of your intellectual property rights, to use, copy, modify, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Aggregated Data and to publish and promote such Aggregated Data, including without limitation all reports, statistics or analyses created or derived therefrom, for any purpose whatsoever.

If any users send us any feedback or suggestions regarding the Service, you grant Hyacinth an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you so long as such use omits public disclosure of any data that would enable the identification of you, your clients, or any individual, company or organization.

6.      Representations and Warranties.

You represent and warrant to Hyacinth that (i) you have full power and authority to enter into these Terms; (ii) you own all Your Data or have obtained all permissions, releases, rights or licenses required to engage in your activities (and allow Hyacinth to perform its obligations) in connection with the Services without obtaining any further releases or consents; and (iii) Your Data and your other activities in connection with the Service, and Hyacinth’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Data contain any matter that is unlawful or illegal.

You also agree not to:

  • upload, post, transmit, or otherwise make available any of Your Data that is unlawful or illegal, including without limitation Data that is libelous, or invasive of another’s privacy;
  • use the Service to harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a Hyacinth employee, Administrator, Owner, or other Member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • manipulate identifiers in order to disguise the origin of any of Your Data;
  • upload, post, transmit, or otherwise make available any of Your Data that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, transmit or otherwise make available any of Your Data in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • sublicense, resell, rent, lease, or transfer the Service or its use, or offer the Service on a time share basis to any third party;
  • use the Service to upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software;
  • modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
  • intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the Service, including, but not limited to, any data, privacy, or export control laws, or regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  • use the Service to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • use the Service to engage in any unlawful or illegal activities;
  • collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above; and/or,
  • attempt to circumvent any anonymized or de-identified data in the Service for the purposes of identifying specific users.

We do not endorse any content or any opinion, recommendation, or advice expressed in any content, and we expressly disclaim any and all liability in connection with any content. We may decide whether any of Your Data is inappropriate or not in compliance with these Terms and reserve the right to remove such data and / or suspend or terminate your use of the Services at any time, without prior notice and in our sole discretion. ANY USE OF CONTENT PROVIDED BY OTHERS, INCLUDING OTHER CUSTOMERS, IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY CONTENT AVAILABLE ON THE SITE OR THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION WITH RESPECT TO SUCH CONTENT’S QUALITY, ACCURACY, INTEGRITY, LEGALITY OR RELIABILITY.

7.      Marketing. Hyacinth reserves the right to use your name as a reference for marketing or promotional purposes on the Site and in other communication with existing or potential Hyacinth customers. For example, we might list your company on one of our webpages under lists of Hyacinth customers. We don’t want to list customers who don’t want to be listed, so you may send an email to support@hyacinth.ai stating that you do not wish to be used as a reference.

8.      Term and Termination.  These Terms are effective upon your use of the Service or until otherwise terminated as set forth herein. Except as otherwise specified in the applicable Order Form, Service plans that are paid annually will automatically renew for additional years, unless either party gives the other written notice of non-renewal at least thirty (30) days before the end of the relevant Service term. You have the right to deactivate your account at any time by sending an email to support@hyacinth.ai.  Deactivation does not change the Term or any fees owed for your use of the Service, and all financial obligations for the full Term of the existing agreement will continue to be in force.

In addition to the termination provisions set forth in these Terms, these Terms and your use of the Service (a) will terminate immediately without notice from Hyacinth or judicial resolution if you fail to comply with any provision of these Terms, and (b) if the other party breaches any material term or condition of these Terms, including non-payment by you of fees due, and fails to cure such breach within thirty (30) days after receipt of written notice of the same. Upon such termination you must destroy all documentation, written materials and all copies thereof provided by Hyacinth with respect to the Service, as well as all Confidential Information of Hyacinth, including any analyses, test results or other data created by you in connection with or while using the Service, and the sections entitled Limited Warranty, Limitation of Remedies and Damages, and General will survive any termination.

9.      Limited Warranty. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond our reasonable control. The Service, Confidential Information and all other information and materials are provided “AS IS” and without warranty of any kind. HYACINTH AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OF IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. HYACINTH DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE AVAILABILITY, RESULTS AND PERFORMANCE OF THE SERVICE. FURTHERMORE, HYACINTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN REPRESENTATIONS MADE BY HYACINTH OR AN AGENT THEREOF SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. HYACINTH DOES NOT WARRANT ANY SERVICE THAT HAS BEEN UTILIZED IN EXCESS OF SPECIFICATIONS.

HYACINTH DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, CONTENT, DATA OR OTHER MATERIAL. HYACINTH DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION, CONTENT, DATA OR OTHER MATERIAL THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES, MALICIOUS CODE OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the use of or download of any material, content, or data from the Services. No advice or information, whether oral or written, obtained by you from us through the Services or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYACINTH’S LIABILITY UNDER ANY IMPLIED OR STATUTORY WARRANTY, CONDITION, TERM, REPRESENTATION, UNDERTAKING OR GUARANTY WHICH CANNOT BE LEGALLY EXCLUDED IS LIMITED IN RESPECT OF THE SERVICES TO SUPPLYING THE SERVICE AGAIN.

10.    Limitation of Remedies and Damages.   THE PARTIES ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES.  YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL EITHER HYACINTH OR ANY OF ITS AFFILIATES, OR THEIR LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OR YOU OR ANY OF YOUR AFFILIATES, OR THEIR LIENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF USE, LOSS OF BUSINESS INFORMATION, COSTS TO PROCURE SUBSTITUTE GOODS OR SERVICES, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. FOR THE AVOIDANCE OF DOUBT, THE PARTIES WILL HAVE NO LIABILITY TO EACH OTHER OR TO ANY THIRD PARTY FOR ANY CONTENT, DATA OR INFORMATION UPLOADED ONTO OR DOWNLOADED OR THROUGH THE SERVICES, OR IF YOUR CONTENT, DATA OR INFORMATION IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES. THE PARTIES’ TOTAL LIABILITY TO EACH OTHER, FOR DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, EXCEPT FOR INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION, REGARDLESS OF THE BASIS OF THE FORM OF ACTION, WILL BE LIMITED TO $500.00. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11.    Indemnification.  You agree to indemnify, defend and hold harmless Hyacinth, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all claims, demands, actions, suits, proceedings, investigations, allegations, damages, costs, expenses, amounts agreed to in settlement, losses and any and all other liabilities (including reasonable attorneys’ fees and court costs) arising out of or resulting from: (i) your use of the Service; (ii) your Content or any information, data, content, software or materials that you use with, or upload to, the Services, including without limitation any violation, misappropriation, or infringement of a third party’s intellectual property rights or rights of privacy or publicity; (iii) a breach or violation of the Terms; (iv) a violation of any rights of any other person or entity; (v) your registration; (vi) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you or your Content into the Service; or (vii) based on any failure or alleged failure to comply with any applicable law, rule or regulation in connection with your use of the Service. You agree to reimburse Hyacinth for any costs or fees related to its enforcement of the Terms, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by Hyacinth.

Intellectual Property Infringement Indemnification. Hyacinth will defend, indemnify, and hold harmless You, your officers, directors, and employees (individually and collectively, an “Indemnified Party”), at Hyacinth’s expense, from any third-party claim, action, suit, or proceeding against an Indemnified Party (a “Claim”) to the extent that such Claim is based upon an allegation that the Service infringes any right protected by any patent, copyright, trademark, trade name or trade secret of any third party. Hyacinth will indemnify an Indemnified Party for any judgments, settlements, and costs finally awarded from a Claim. Hyacinth’s obligations under this Section are conditioned upon the following: (i) upon becoming aware of the Claim, an Indemnified Party provides to Hyacinth prompt written notice of the Claim; (ii) an Indemnified Party gives to Hyacinth sole authority and control of the defense and/or settlement of the Claim; and (iii) an Indemnified Party provides all reasonable information and assistance requested by Hyacinth to handle the defense and/or settlement of the Claim. An Indemnified Party, at its expense, may hire legal counsel of its choice to participate in an advisory capacity in discussions, negotiations, or proceedings to the Claim.

Remedial Measures. In addition, if the Service becomes the subject of a Claim, or if Hyacinth reasonably believes that use of such Product may become the subject of a Claim, then Hyacinth shall do, at its own expense and option, at least one of the following: (i) procure for Indemnified Party the right to continue use of the Service at no additional cost to Indemnified Party for such right; (ii) replace the Service with a non-infringing product while maintaining the Service’s essential specifications; (iii) modify the Service so that it becomes non-infringing while maintaining the Service’s essential specifications; or (iv) refund to Indemnified Party a pro-rated portion of the applicable purchase price and license fees paid to Hyacinth for the Service and, where applicable, the fees paid to Hyacinth for Service.

12.    Change in Terms; Changes to the Service. You have the right to access and use the Service as it exists on any given day and Hyacinth has no other obligation with respect to updating, improving, maintaining, or making available the Service. Hyacinth reserves the right at any time to modify, suspend, or discontinue providing the Service or any part thereof, or modify prices for all or part of the Service, in its sole discretion with or without notice.  However, Hyacinth will use commercially reasonable efforts to notify you of modification, suspension, or discontinuance of the Service or change in prices either by sending an email to the email address you provide with your registration.

From time to time, Hyacinth may issue new releases, revisions, or enhancements to the Service available to you free of charge or for a fee. New releases, revisions or enhancements may be licensed only to the extent that you hold a valid license to use the Service being updated or upgraded, and you may use them only in accordance with Hyacinth’s then-current terms and conditions, and any additional license terms that may accompany them.

This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by each of the parties hereto. These, as amended, will be effective upon acceptance of registration for new users and effective for all existing users seven (7) days after the posting of any amended terms on the Hyacinth website. You agree to be bound by these Terms, as modified. If you do not agree to any changes to these Terms, you must terminate your use of the Service immediately, which shall be your sole and exclusive remedy.

13.    Electronic Communications. We can only give you the benefits of our Service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications (defined below) electronically. This Section 13 informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive Communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if they were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-savable rights. You may also receive a copy of this Terms of Service at our website. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

14.    Governing Law; Jury Trial Waiver. The Service is developed and controlled by Hyacinth in The Commonwealth of Massachusetts, USA. You agree that the Terms and your use of the Service will be governed by the laws of the Commonwealth of Massachusetts, USA, without giving effect to its principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms or your use of the Service shall be filed only in the state or federal courts located in the Commonwealth of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Those who choose to access the Service from locations outside of Massachusetts are responsible for compliance with all applicable local laws. If we take action against you as a result of your breach of these Terms, we will be entitled to recover from you, and you agree to pay, our reasonable attorneys’ fees and costs incurred in connection with such action, in addition to any other relief granted to us. Our failure to act with respect to a breach of the Terms shall not constitute a waiver of our rights with respect to such breach or subsequent breaches. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.

15.    General. Should any term or condition contained in the Terms be declared void or unenforceable, such declaration shall have no effect on the remaining terms. Section headings are for convenience only and shall not affect the construction or interpretation of the Terms. You acknowledge you have read the Terms and agree that it is the complete and exclusive statement of the agreement between the parties with respect to the subject matter hereof, and supersedes all prior proposals and understandings, oral and written, relating to the subject matter thereof. Failure or delays by Hyacinth or You in the performance of any obligation hereunder shall be excused if such failure or delay is due to causes beyond Hyacinth’s reasonable control, including, without limitation, fire, strike, war, riots, acts of any civil or military authority, acts of God, acts of terrorism, or endemic failures on the World Wide Web, denial-of-service attacks, or interruptions of telecommunications service or access. The failure of either party to enforce any rights contained in the Terms, or to take action against the other party in the event of a breach, shall not be deemed to be a waiver by that party as to the subsequent enforcement of rights. You acknowledge that, in the event of your breach of any of the provisions of the Terms, Hyacinth will not have an adequate remedy in money or damages, and Hyacinth shall be entitled to seek an injunction against such breach (without the necessity of posting a bond). Hyacinth’s right to seek injunctive relief shall not limit its right to seek other remedies. You may not assign or transfer any of your rights or obligations under the Terms to a third party without the prior written consent of Hyacinth. Hyacinth may freely assign the Terms. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning. The relationship between the parties shall not be construed to be that of employer and employee, nor constitute a partnership, joint venture or agency of any kind. Neither party shall have any right to enter into any contracts or commitments in the name of, or on behalf of, the other party, or to bind the other party in any respect whatsoever. Where Hyacinth has provided you with a translation of the English language version of the Terms, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions will govern. You shall pay on demand all of Hyacinth’s reasonable attorney fees and other costs incurred by Hyacinth to enforce the Terms or to collect any fees or charges due Hyacinth under the Terms following your breach of your payment obligations under the Terms.

17. Contacting Us; Notices; Violations. If you have any questions or concerns about the Services, your registration, or anything else, please follow the Contact Us link on the Site, or send an email to support@hyacinth.ai. We may give notice to you by email or your account, or other reasonable means. Please report any violations of the Terms to us at support@hyacinth.ai.