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Terms of Use

Last Updated: December 21, 2022

Welcome

These Proto Website Terms of Use (“Terms”) govern this website and all proto.cx webpages (collectively, the “Site”). Please read these Terms carefully as they are a legal agreement between Proto Research Inc. and its affiliates (collectively, “Proto”) and you. By visiting, accessing or otherwise using the Site, you agree to be bound by these Terms and to comply with them. If you do not agree to all of these Terms, you must not access or use the Site. We periodically update these Terms, so you must regularly review them. We will post the effective date of any updates at the beginning of these Terms. By continuing to use the Site or associated services (the “Services”) after an update, your continued use constitutes acceptance of the updated Terms.

Proto offers some additional software and services on the Site under specific terms and conditions (for example, the Proto AIXI Deployment Services terms and conditions available at, the “Service Terms”). Your use of such software and services is governed by the applicable Service Terms. If there is any conflict between these Site Terms and the applicable Service Terms relating to the use of those software or services, the Service Terms will govern. If no Service Terms apply to the software or services, then these Site Terms, and the applicable order document govern your use of the software or services.

Our Site Content and Software Content

Our Site contains content, including but not limited to information, data, software, photographs, graphs, videos, text, graphics, music, sounds, compilations, and any other content owned, operated, licensed, and/or controlled by Proto that is protected by copyright, trademark, trade secret, or other proprietary rights ("Site Content"). Proto or its licensors retain all rights in such Site Content. Proto grants you a limited, revocable, non-sublicensable right to view the Site Content solely for your internal use of the Site. You shall use the Site Content solely for the uses specifically authorized on the Site and you will make no other use of it without Proto’s express written permission. Except as specifically authorized, you shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit the Site Content. The Site Content is not for resale. You shall not delete or alter any proprietary rights or attribution notices in the Site Content.

Software, in both source and binary forms, sample code, APIs, SDKs, associated documentation, and other related materials (collectively, “Software Content”) may be available for download on certain parts of the Site. Proto or its licensors own and retain all rights in such Software Content, including all applicable intellectual property rights.

Nothing in these Terms grants any right or license to Software Content. Software Content is governed by its own separate terms and conditions and all use of Software Content must be in accordance with the specified license(s), which may include, but is not limited to, Proto’s End User License Agreement, Proto software development licenses (e.g., Proto API, SDK, and Sample Code licenses), and free/open source software licenses, as applicable.

Trademarks

The names, logos, graphics, brands, and icons on the Site (other than those belonging to third parties) are Proto’s trademarks. Our trademarks shall only be used in connection with our software and services. Proto grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our trademarks solely in strict accordance with these Terms. You shall not use our trademarks or trade dress in connection with any products or services that are not Proto’s in a way that is likely to cause confusion among consumers or that disparages or discredits Proto. All third-party trademarks on the Site are the property of their respective owners, who may or may not be affiliated with Proto.

Your Content

We do not claim any ownership rights in any text, files, images, photos, video, sounds, software, works of authorship, or other materials that you upload or otherwise provide to our Site (collectively, "User Content"). However, you grant to Proto a worldwide, royalty-free, sublicensable, perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce, and distribute your User Content for the limited purpose of providing the Site and all related services. If you provide us with any feedback or ideas, you authorize Proto to use your feedback for any purpose, without any restriction or limitation.

License

You are granted a limited,non-exclusive, non-transferable, non-sublicensable, revocable license to accessand use the Site solely in accordance with these Terms. As a condition of youruse, you warrant to Proto that you will not use the Site for any unlawful orprohibited purpose. You shall not use the Site in a way that could damage,disable, overburden, or otherwise impair them or interfere with any otherparty’s use. You shall not obtain or try to obtain any materials or informationthat Proto has not intentionally made available to you. We do not grant youlicense, express or implied, to any Proto intellectual property except asspecifically authorized by these Terms. Proto reserves the right, in our solediscretion and without notice, to (a) revise the Site Content and/or SoftwareContent available on the Site; (b) impose rules for and limits on use of, oraccess to, the Site; (c) revoke your access to part, or all, of the Site; or(d) change, suspend, or discontinue any aspect of the Site. We will not beliable to you or to any third party for taking any of the foregoing actions.

Account Security

If any part of the Site requires youto open an account, you must complete the registration process by providingcurrent, complete, and accurate information as prompted by the applicableregistration form. You also may be asked to choose a password and a username.You are solely responsible for maintaining the confidentiality of your password,username, and other account information. Furthermore, you are solelyresponsible for all activities that occur under your account and will be heldliable for losses or damages incurred by Proto or another party due to someoneelse using your account or password. You agree to notify Proto immediately ofany unauthorized use of your account or any other breach of security. Protowill not be liable for any loss or damages that you may incur as a result ofsomeone else using your password or account. You shall not use anyone else’saccount at any time without the permission of the account holder.

No Unlawful or Prohibited Use

You shall not use the Site for anypurpose that is unlawful or prohibited by these Terms or applicable laws. Youshall not use the Site in a manner that could damage, disable, overburden, orimpair any Proto server, or the networks connected to any Proto server, orinterfere with any other party’s use and enjoyment of any of the Site. Youshall not attempt to gain unauthorized access to the Site, other accounts,computer systems, or networks connected to Proto’s systems through hacking,password mining, or any other means. You shall not obtain or attempt to obtainany materials or information through any means not intentionally made availablethrough the Site. You shall not use the Site to, nor permit any third party to:(a) promote your offerings or services (commercial or otherwise); (b) defame,abuse, harass, stalk, threaten, or otherwise violate the legal rights (such asrights of privacy and publicity) of others or publish, post, upload, ordistribute any information that would result in the same; (c) download, upload,or otherwise make available materials, software, or information that is notlegally yours and without permission of the intellectual property rights owner;or (d) impersonate someone else, falsely represent your identity orqualification, or breach another’s privacy. Proto has no obligation to monitorthe Site. However, you acknowledge and agree that Proto has the right tomonitor the Site and to collect and/or disclose any information as necessary orappropriate to (i) satisfy any law, regulation, or other governmental request,(ii) to operate the Site properly, (iii) to optimize the Site and/or Proto’sbusiness operations, or (iv) to protect Proto, its users, or its customers.

 

User Generated Content

a. User Content. By sharing,submitting or uploading any of your data, feedback, suggestion, comments, orideas (“User Content”) in any way, you grant Proto a worldwide, non-exclusive,royalty-free, sub-licensable and transferable license to use, reproduce,prepare derivative works of, display, and perform your User Content in anylegal manner for our sole benefit, including in future modifications of theSite, other products or services, and in advertising and marketing materials.You acknowledge and agree that you are solely responsible for all the UserContent that you make available through Proto. Accordingly, you represent andwarrant that: (a) you have all rights, licenses, consents, and releasesnecessary to grant Proto the required rights to disseminate any User Content,(b) neither your User Content nor your posting, uploading, publication,submission, or transmittal of this User Content or Proto’s use of your UserContent will infringe, misappropriate, or violate a third party’s patent,copyright, trademark, trade secret, moral rights, or other intellectualproperty rights or rights of publicity or privacy, or result in the violationof any applicable law or regulation.

b. Indemnification for User Content.You shall indemnify and defend Proto and its affiliates and their respectivedirectors, officers, and employees against any liability, loss, settlementpayment, interest, award, judgment, damages (including punitive damages),fines, fees, penalties, filing fees and court costs, witness fees, reasonableattorneys’ and other professionals’ fees, other reasonable investigation anddefense costs, and any other fees, costs, expenses and charges incurred as aresult of a third-party claim or action that (i) the User Content you submittedinfringes the rights of a third party; (ii) results from your breach of itsobligations under the Terms; or (iii) results from your violation of applicablelaws. You shall not make any admission on Proto’s behalf or settle any claimunless the settlement unconditionally releases the Proto of all liability. Protowill reasonably assist you in all necessary respects in connection with thedefense of the claim, at your expense. Proto may participate in the defense ofthe claim at its sole cost and expense.

Disclaimer of Warranties and Limitation of Liability

Although we have attempted to provideaccurate information on our Site, we assume no responsibility for the accuracyof the information. We do not endorse or assume responsibility for user conductor what users submit to our Site.

THIS SITE IS PROVIDED "ASIS" AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND,EITHER EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, PROTO DISCLAIMSALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, OR THATARISE FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

PROTO SHALL NOT BE LIABLE FOR ANYINDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUTLIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, OR LOSS ORDAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANYRELATED SERVICES OR CONTENT, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ONTHE INFORMATION PRESENT, EVEN IF PROTO HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. PROTO’S TOTAL LIABILITY ARISING OUT OF THE SITE, WHETHER ONBREACH OF CONTRACT, BREACH OF WARRANTY, CLAIM OF NEGLIGENCE, OR OTHERWISE,SHALL NOT IN ANY CASE EXCEED THE COST PAID BY YOU TO ACCESS THE SITE OR$100.00, WHICHEVER IS LESS,

Privacy

Our Privacy Policy describes how wewill protect your privacy and handle your personal information when you use ourSite. By using the Site, you agree that Proto can use such personal informationin accordance with this policy.

Communications

When you visit the Site or sendelectronic messages to us, you are communicating with us electronically. WhenProto sends you communications about the Site, we will do so in accordance withconsumer choices and the Privacy Policy. By registering for an account, sendingus an electronic message, or otherwise communicating with us, you have agreedto communicate with us electronically, which may include receiving emails fromProto or its partners. You may withdraw your consent at any time by sending usan opt-out or unsubscribe notice, clicking on the “unsubscribe” link in anemail, or otherwise manage your communications preferences here.

Links to Third Party Sites

Certain links on the Site may takeyou to third-party websites. Proto provides these links only as a convenienceto you and the use by Proto of such links does not imply any warrant orendorsement of the third party, its products, services, or its site.

General

a. Applicable Law, Jurisdiction, Venue. The laws of the Provinceof Ontario will govern these Terms and your use of the Site, without regard toany conflict of laws provisions that would result in the application of thelaws of any other forum. In the event of any dispute relating to or arising outof the Site or these Terms, both you and Proto agree to personal jurisdictionin, and exclusive venue of, the courts located in Toronto, Ontario.

b. Severability. If any provision of these Terms is found to beinvalid or unenforceable, that provision will be struck and the remainingprovisions will remain in full effect.

c. Waiver. If you or others violate these Terms and we take noimmediate action, this in no way limits or waives our rights, such as our rightto take action in the future or in similar situations.

d. Amendment. We reserve the right to change these Terms from time to timeat our sole discretion.