The Fabricant Intelligent Tools - Platform Rules

·    Please read these Platform Rules (the “Platform Rules”) carefully.  The Platform Rules govern your use of The Fabricant’s services

including its Intelligent Tools (the “Services”).

·    By completing the registration process and or by accessing or using the Services, you represent that you have read, understand,

and agree to be bound by the Platform Rules. If you do not agree to be bound by the Platform Rules, you may not access or use the

Services.

·    Please read the Fabricant’s Privacy Policy, which is a separate document that explains how the The Fabricant collects and uses

personal information.

1.        USE OF THE SERVICES.

1.1.  You must use the Services in accordance with The Fabricant’s instructions and guidance.

1.2.  You understand that the Services are evolving and that The Fabricant may change, update or amend the Services with or without

notifying you.  Any future update, change or other addition to Services shall be subject to these Platform Rules.

1.3.  You shall not

1.3.1.    license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or similarly exploit any of the Services

1.3.2.    frame or utilize framing techniques to enclose any trademark, logo, the Services, or other content (including images, text, page

layout or form) of The Fabricant;

1.3.3.    modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part

of the Services;

1.3.4.    use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers,

avatars, data mining tools or the like) to “scrape” or download data from any web page used in the Services;

1.3.5.    remove or destroy any copyright notices or other proprietary markings contained on or in the Services.

1.4.  No part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any

form or by any means.

1.5.  Unauthorized use of any Services terminates the licenses granted pursuant to these Platform Rules.

1.6.   The Fabricant may introduce new features, modify existing ones, or update pricing plans at any time. Material changes that affect

your paid plan will be communicated in advance, and continued use after such notice constitutes acceptance of the changes. If you

do not agree to a price change, you may cancel your subscription before the new pricing takes effect.

2.        REGISTRATION.

2.1.  You are required to register in order to access the Services.

2.2.  Your account and its password are for your personal use only and should be kept secure. You are responsible for all activities that

occur under your Account.

2.3.  You may not share your account access information such as user name and password with anyone else.   You agree to notify The

Fabricant immediately of any unauthorized use of your account, your password or any other breach of security you become aware

of. 

2.4.  In registering, you  agree to provide  true, accurate, current and  complete information about yourself and maintain and  promptly

update it to keep it true, accurate, current and complete.

2.5.  If you provide any information that is untrue, inaccurate, not current or incomplete, or The Fabricant has reasonable grounds to

suspect that any information you provide is untrue, inaccurate, not current or incomplete, The Fabricant has the right to suspend or

terminate your account and refuse any and all current or future use of Services.

2.6.  You agree not to create an account using a false identity or information, or on behalf of someone other than yourself.

2.7.  You agree to receive service-related notices electronically, including via email or platform notifications.

3. PAYMENTS, SUBSCRIPTIONS, AND REFUNDS

3.1.  Certain features of the Services may require payment of fees. Fees are payable in advance and are non-refundable.

3..2.  Subscriptions renew automatically unless cancelled prior to the renewal date. You authorize The Fabricant to charge your selected

payment method on a recurring basis.

3.3.  The Fabricant may suspend or terminate access for non-payment.

3.4.  All fees are exclusive of taxes, which are your responsibility.

3.5.  Access   to   certain   features,   usage   limits,   and   benefits   depends   on   the   selected   plan.   The   Fabricant   may   modify   or  discontinue

features in a plan with reasonable notice.

3.6.  From time to time, The Fabricant may release new or beta features. These are provided “as is,” may be discontinued at any

time, and may not meet the same reliability or support standards as core features.

3.       RESPONSIBILITY FOR CONTENT.

3.1. You, and not The Fabricant, are entirely responsible for all images, video, audio, audio visual, text, materials, and other content

(collectively, “Content”) that you upload, post, e-mail, transmit, create, develop, generate or otherwise make available when using

the Services (collectively, “Your Content”).

3.2. Your   Content   also   includes   any   Content   that   you   create   or   generate   through   the   use   of   the   Services,   other   than   the   Services

themselves.

3.3. You represent and warrant that you have all rights, licenses, and permissions needed to provide Your Content to and through the

Services.

3.4. The Fabricant shall have the right to remove any Content that violates the Platform Rules or is otherwise objectionable.

3.5. The Fabricant has no obligation to store any of Your Content that you upload, use or develop through the Services.  

3.6. The Fabricant has no responsibility or liability for (i) the deletion or accuracy of any Content, including Your Content; (ii) the failure

to store, transmit or receive transmission of Content; or (iii) the security, privacy, storage, or transmission of other communications

originating with or involving use of the Services.

3.7. You acknowledge that AI-generated content may not always be accurate or suitable for any particular purpose.   You agree

to review and approve all outputs before their use. The Fabricant disclaims responsibility for errors or outcomes resulting

from any reliance on AI-generated content.

4.       OWNERSHIP.

4.1. Except with respect to Your Content, you agree that The Fabricant and its suppliers own all rights, title and interest in the Services.

You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or

accompanying the Services.

4.2. The Fabricant does not claim ownership of Your Content.

4.3. You agree that you, not The Fabricant, are responsible for all of Your Content that you make available on or in the Services.

4.4. Any Content uploaded, created or developed by you may not contain illegal subject matter.

4.5. You   grant   The   Fabricant   a   fully   paid,   royalty-free,   perpetual,   irrevocable,   worldwide,   royalty-free,   non-exclusive   and   fully

sublicensable right (including any moral rights) and license to use, reproduce, perform, and display Your Content (in whole or in part)

as may be necessary for the purposes of operating and providing the Services.

5.       USER CONDUCT.

5.1. As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Platform Rules or by applicable

law.

5.2. You   shall   not   (and   shall   not   permit   any   third   party   to)   either  take   any   action   or   make   available   any   Content   on   or   through   the

Services that:

5.2.1.   infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;

5.2.2.   is unlawful, abusive, harassing, defamatory, libelous, deceptive, or fraudulent;

5.2.3.   interferes with or attempts to interfere with the proper functioning of the Services or uses the Services in any way not expressly

permitted by the Platform Rules and or The Fabricant’s instructions;

5.2.4.   attempts to engage in or engage in, any potentially harmful acts that are directed against the Services, including but not limited to

violating or attempting to violate any security features of the Services, using manual or automated software or other means to access,

“scrape,”   “crawl”   or   “spider”   any   pages   contained   in   the   Services,   introducing   viruses,   worms,   or   similar   harmful   code   into   the

Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of

overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services, or

5.2.5.   directly or indirectly uses the Services to create, train, develop, or improve similar or competitive products or services.

6.       INVESTIGATIONS.

6.1. If The Fabricant becomes aware of any possible violations by you of any provision of the Platform Rules, The Fabricant reserves

the right to investigate such violations, and The Fabricant may, at its sole discretion, immediately terminate your license to use the

Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

7.       INDEMNIFICATION.

7.1. You agree to indemnify and hold The Fabricant, its parents, subsidiaries, affiliates, and each of their respective officers, directors,

employees, agents, and representatives harmless from any losses, costs, liabilities and expenses (including reasonable legal fees)

relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Services; (c) your

violation of the Platform Rules; (d) your infringement, misappropriation, or violation of any rights of another party; or (e) your violation

of any applicable laws, rules or regulations.

7.2. You agree that the provisions in this section will survive any termination of your account and/or your access to the Services.

8.       DISCLAIMER OF WARRANTIES AND CONDITIONS.

8.1. You expressly understand and agree that to the extent permitted by applicable law, your use of the Services is at your sole risk,

and the Services are provided on an “as is” and “as available” basis, with all faults.

8.2. The   Fabricant   expressly   disclaims   all   warranties,   representations,   and   conditions   of   any   kind,   whether   express   or   implied,

including,   but   not   limited   to,   the   implied   warranties   or   conditions   of   merchantability,   fitness   for   a   particular   purpose   and   non-

infringement arising from use of the Services.

8.3. The   Fabricant   makes   no   warranty,   representation   or   condition   that   the   Services   will   meet   your   requirements;   your   use   of   the

Services will be uninterrupted, timely, secure or error-free; or the results that may be obtained from use of the Services will be

accurate or reliable.

8.4. Any content downloaded from or otherwise accessed through the Services is accessed at your own risk.

8.5. The Services may be subject to delays, cancellations and other disruptions.

8.6. No advice or information, whether oral or written, obtained from The Fabricant or through the Services will create any warranty not

expressly made herein.

8.7. From   time   to   time,   The   Fabricant   may   offer   new   features   or   tools.   Such   features   or   tools   are   offered   solely   for   experimental

purposes   and   without   any   warranty   of   any   kind,   and   may   be   modified   or   discontinued   at   The   Fabricant’s   sole   discretion.   The

provisions of this section apply with full force to such features or tools.

9.       LIMITATION OF LIABILITY.

9.1. You   understand   and  agree   that,  to  the  fullest  extent  provided  by   law,  in   no  event  shall  The   Fabricant  be  liable   for  any  loss  of

profits, revenue or data, indirect, incidental, special, or consequential damages, or damages or costs due to loss of production or

use, business interruption, or procurement of substitute goods or services, in each case whether or not The Fabricant has been

advised   of   the   possibility   of   such   damages,   arising   out   of   or   in   connection   with   the   Platform   Rules,   or   any   communications,

interactions or meetings with other users of the Services, on any theory of liability, resulting from: (a) the use or inability to use the

Services;   (b)   the   cost   of   procurement   of   substitute   goods   or   services   resulting   from   any   goods,   data,   information   or   services

purchased or obtained; or messages received for transactions entered into through the Services; (c) unauthorized access to, loss,

or alteration of your transmissions or data; (d) statements or conduct of any third party in connection with the Services; or (e) any

other matter related to the Services, whether based on warranty, copyright, contract, tort (including negligence), product liability or

any other legal theory.

9.2. The   foregoing   limitation   of   liability   shall   not   apply   to   liability   of   The   Fabricant   for   (i)   death   or   personal   injury   caused   by   its

negligence; or for (ii) any injury caused by The Fabricant’s fraud or fraudulent misrepresentation.

9.3. To the fullest extent provided by law, The Fabricant will not be liable to you for more than €100 (one hundred Euro). The foregoing

cap on liability shall not apply to liability of The Fabricant for (i) death or personal injury caused by The Fabricant’s negligence; or for

(ii) any injury caused by The Fabricant’s fraud or fraudulent misrepresentation.

9.4. Except for The Fabricant’s obligations to protect your personal data as set forth in The Fabricant’s privacy policy, The Fabricant

assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any content (including, but not limited to, Your

Content), user communications or personalised settings.

10.   TERMINATION.

10.1. If you have breached any provision of the Platform Rules, The Fabricant has the right to, immediately and without notice, suspend or

terminate any Services provided to you.

10.2. You agree that termination for cause shall be made in The Fabricant’s sole discretion and that The Fabricant shall not be liable to you

or any third party for any termination of your account.

10.3. Termination of the Services includes removal of access to such Services and barring of further use of the Services.

10.4. Termination may also include deletion of your password and all related information, files and content associated with or inside your

account, including Your Content.

10.5. Upon termination of the Services, your right to use the Services will automatically terminate immediately.

10.6. You understand that any termination of the Services may involve deletion of Your Content associated therewith from our databases.

10.7. The Fabricant will not have any liability whatsoever to you for any suspension or termination of your account or your access to the

Services, including for deletion of Your Content.

10.8. All provisions of the Agreement which by their nature should survive, shall survive termination of the Services, including without limitation,

warranty disclaimers and limitation of liability.

11.   GOVERNING LAW.

11.1. These Platform Rules are governed and interpreted by and under the laws of the Netherlands

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