By clicking “I ACCEPT” or otherwise accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. The services are not intended for and should not be used by anyone under the age of 13. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.
From time to time, EITR Systems, Inc. may change, remove, or add to the Terms, and reserves the right to do so at its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant website(s) and notify those of you with a current Service account via email. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
EITR Systems, Inc. is not a law firm, does not provide legal advice, and is not a substitute for a law firm. Sending us an email or using any of the Services, does not constitute legal advice or create an attorney-client relationship.
EITR Systems Inc.’s Momentos (www.momentos.life) is an experimental service for bringing AI into the classroom. It is a tool for high-efficiency learning. It is being developed as a web-based interactive service supplemented by a smartphone app (Android and iOS). Momentos captures and delivers rich audio-visual content presented in an instructor-led classroom to enrolled students in the course as well as the instructors. Momento’d lectures make it easy to review and collaborate on any material using keyword-based search of the classroom content as we do with text-based documents today. Momentos also allows marking-up and highlighting the classroom content based on its textual representation and socially collaborating and discussing the in-classroom material with other students, the class TAs, and the instructor.
We make the aforementioned services available to you. It is your responsibility to find the resources such as high-speed internet connection to access these services.
Provided as-is: You acknowledge that EITR Systems, Inc. does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files, or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is EITR Systems, Inc. liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.
You agree that you are solely responsible for your reuse of Content made available through the Services, including obtaining necessary permissions for reuse, and providing proper attribution. You should review the terms of the applicable license before you use the Content so that you know what you can and cannot do.
Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
Removal: EITR Systems, Inc. may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by you or EITR Systems,) does not impact any rights you granted by posting Your Content. You are responsible for any content you upload via our website or the mobile application.
EITR Systems, Inc. materials
The Services, including the Momentos product and its entire contents, functionality, and features (including, but not limited to, all information, text, software, displays, images, audio, and video, and the design, selection, and arrangement thereof), are owned by EITR Systems, its affiliates, licensors, or other providers of such material and are protected by United States and international copyright, trade secret, patent, trademark, and other proprietary rights or intellectual property laws. EITR Systems, its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Services. You must not reverse engineer or resell, or create any derivative works, modify, reproduce, transmit, display, publish, upload, license or distribute in any manner or medium (including by email or other electronic means) any material from the Momentos product or the Services, unless explicitly authorized in these Terms or by the owner(s) of the materials.
We grant you the Customer a non-exclusive, non-transferable, non-sublicensable, limited license to use the Services in accordance with this Agreement and its intended purposes only. Except for allowing you to use the Services as set forth herein, you are not receiving any other license or any other rights, including intellectual property or other proprietary rights of EITR Systems, Inc.. You understand that you have no rights to the Momentos product or Services or any other EITR Systems, Inc. property except as indicated in these Terms. All of our rights not expressly granted by this license are hereby retained.
Customer materials Customer retains all ownership rights in Customer Data. However, by uploading, posting or transmitting Customer Data on or through the Services, you hereby grant EITR Systems, Inc. a non-exclusive, royalty-free, worldwide, irrevocable (for so long as your account remains in good standing), sub-licensable license to access, distribute, export, perform, use, process, copy and display Customer Data in connection with the Services and EITR Systems, Inc.’s (and its successors’ and affiliates’) business, including without limitation for providing, maintaining and improving the Services.
You affirm, represent, and warrant that you own or have the necessary permissions, rights, licenses, and consents from the rightful owner(s) to grant the aforementioned license or to transmit or post Customer Data to EITR Systems, Inc..
Registration: You agree to (a) only provide accurate and current information about yourself, (b) maintain the security of your passwords and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless you are authorized to do so.
Termination: EITR Systems, Inc. reserves the right to modify or discontinue your account for any reason or no reason at all.
A. You agree not to engage in any of the following activities:
1. Violating laws and rights:
4. Harming others:
You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
You may not intimidate or harass another through the Services; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.
5. Impersonation or unauthorized access:
You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;
You may not use or attempt to use another’s account or personal information without authorization; and
You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking, password mining, or any other means.
6. Use by Competitors:
If you are a direct competitor, you are not permitted to use our Services without prior written consent.
You may not access our websites or our apps for monitoring functionality, performance or availability or running benchmarks or other competitive purposes.
B. The Services provide a feature that allows you to record lectures, individual conversations and/or upload these recorded conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by location. For instance, it may be an offense in your jurisdiction to record lectures without consent from the Professor or instructor. It may be an offense in your jurisdiction to record other individuals without their prior written consent. It is your responsibility to follow applicable foreign, federal, and local laws when using such features, including informing the participants in your meetings that the discussion is being recorded. We prohibit anyone from using our Services for illegal purposes.
C. You the Customer is using the Services at your own discretion and risk. You are solely responsible for Customer Data and the consequences of recording, submitting and publishing Customer Data on or through the Services.
D. Institutional Users: If you are using our Services on behalf of any institutional entity that has obtained a subscription to our services such as a school, university, or college or similar entities [for example, professors or other staff, students, at a University], you must make sure that you have the appropriate permissions and authority from the associated institution.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EITR SYSTEMS, INC. OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EITR SYSTEMS, INC. DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY EITR SYSTEMS INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EITR SYSTEMS, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITR SYSTEMS, INC. BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF EITR SYSTEMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EITR SYSTEMS, INC. IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
To the extent authorized by law, you agree to indemnify and hold harmless EITR Systems, Inc., its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or (c) the Content you make available on any of the Services.
EITR Systems, Inc. respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights.
EITR Systems, Inc. abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by EITR Systems, Inc. (such as www.momentos.life) that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
To report allegedly infringing Content hosted on any website (such as www.momentos.life) controlled by EITR Systems, Inc., please contact us.
By EITR Systems, Inc.: EITR Systems, Inc. may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by EITR Systems, Inc. at any time and for any reason.
By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.
Choice of law: The Terms are governed by and construed by the laws of the State of California in the United States, not including its choice of law rules.
Dispute resolution: The parties agree that any disputes between EITR Systems, Inc. and you concerning these Terms, and/or any of the Services may only be brought in a federal or state court of competent jurisdiction sitting in the Northern District of California, and you hereby consent to the personal jurisdiction and venue of such court.
No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and EITR Systems, Inc. as a result of the Terms or from your use of any of the Services.
Integration: These Terms and any applicable Additional Terms constitute the entire agreement between you and EITR Systems, Inc. relating to this subject matter and supersede any and all prior communications and/or agreements between you and EITR Systems, Inc. relating to access and use of the Services.
EITR Systems, Inc. 2 North First Street, Fifth Floor, San Jose, CA 95113 email@example.com