Terms of Service
Effective Date: December 18, 2024
1. Acceptance of Terms
These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and UTAH.ai ("Company," "we," "us," or "our") governing your access to and use of our website, mobile applications, and all related services, content, and functionality (collectively, the "Services").
BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF OUR SERVICES.
We reserve the right to modify these Terms at any time, in our sole discretion. Material changes will be communicated by posting revised Terms with an updated effective date. Your continued use of the Services following such modifications constitutes acceptance of the modified Terms.
2. Eligibility and Account Registration
2.1 Age Requirements
You must be at least 16 years of age to use our Services. By using our Services, you represent and warrant that you meet this age requirement. If you are under 18 years of age, you represent that you have obtained parental or legal guardian consent to use our Services.
2.2 Account Accuracy
If you create an account, you agree to provide accurate, current, and complete information and to maintain and promptly update such information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.
2.3 Account Termination
We reserve the right to suspend or terminate your account and access to the Services at any time, with or without cause, with or without notice, and without liability.
3. Grant of License and Restrictions
3.1 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for personal, non-commercial purposes.
3.2 Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- Copying, distributing, modifying, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any content, information, software, or services obtained from the Services without our express written permission
- Using automated systems (including bots, scrapers, or spiders) to access or collect data from the Services
- Attempting to gain unauthorized access to the Services, user accounts, computer systems, or networks connected to the Services through hacking, password mining, or any other means
- Interfering with or disrupting the integrity or performance of the Services
- Transmitting viruses, malware, or any other malicious code that may damage, interfere with, or harm the Services
- Using the Services for any illegal purpose or in violation of any local, state, national, or international law
- Harassing, threatening, defaming, or otherwise violating the legal rights of others, including privacy rights
- Impersonating any person or entity or falsely stating or misrepresenting your affiliation with any person or entity
- Posting, transmitting, or sharing content that is unlawful, obscene, defamatory, or otherwise objectionable
- Engaging in any activity that could damage our reputation or business relationships
- Circumventing, disabling, or interfering with security-related features or features that prevent or restrict use or copying of content
- Reverse engineering, decompiling, or disassembling any aspect of the Services
4. Intellectual Property Rights
4.1 Company Ownership
The Services and all content, features, functionality, software, text, graphics, logos, images, audio, video, data compilations, and other materials contained therein (collectively, "Content") are owned by UTAH.ai, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
All trademarks, service marks, trade names, and logos displayed on the Services are proprietary to UTAH.ai or their respective owners. Nothing in these Terms grants you any right, title, or interest in or to such intellectual property.
4.2 Third-Party Content and Aggregation Rights
Our Services aggregate, curate, and present news content from multiple third-party sources. We claim no ownership over such third-party content and provide attribution to original sources. Our aggregation, curation, analysis, and presentation of such content constitutes fair use under U.S. copyright law and is performed for the purpose of news reporting, commentary, and public information.
All original editorial content, article summaries, headlines, analyses, and AI-generated rewrites produced by UTAH.ai are our exclusive property and are protected by copyright and other intellectual property laws.
4.3 DMCA Compliance
We respect the intellectual property rights of others and respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that content on our Services infringes your copyright, please provide our designated copyright agent with the following information:
- A physical or electronic signature of the copyright owner or authorized agent
- Identification of the copyrighted work claimed to have been infringed
- Identification of the allegedly infringing material and information to locate it
- Your contact information (address, telephone number, email)
- A statement that you have a good faith belief that the use is not authorized by the copyright owner
- A statement under penalty of perjury that the information provided is accurate and you are authorized to act on behalf of the copyright owner
Copyright infringement notices should be sent to: dmca@utah.ai
5. User-Generated Content
5.1 Responsibility for User Content
You may have the opportunity to submit, post, or transmit content, including comments, feedback, and other materials ("User Content"). You retain ownership of your User Content, but you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating and promoting the Services.
You represent and warrant that: (a) you own or have the necessary rights to submit User Content; (b) your User Content does not infringe any third-party intellectual property, privacy, or other rights; (c) your User Content complies with these Terms and applicable laws; and (d) you have obtained all necessary consents, permissions, and releases.
5.2 Content Moderation
We reserve the right, but have no obligation, to monitor, review, edit, or remove User Content at any time, with or without notice, for any reason, including violation of these Terms. We are not responsible for any User Content and do not endorse any opinions expressed by users.
6. Third-Party Links and Services
Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by UTAH.ai. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that UTAH.ai shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third-party content, goods, or services available through such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
7. Disclaimers and Limitations of Liability
7.1 "AS IS" Disclaimer
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
7.2 News Content Disclaimer
THE CONTENT PROVIDED THROUGH OUR SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT, INCLUDING NEWS ARTICLES, SUMMARIES, OR ANALYSES. CONTENT IS AGGREGATED FROM THIRD-PARTY SOURCES AND MAY CONTAIN ERRORS, OMISSIONS, OR INACCURACIES. YOU SHOULD NOT RELY ON SUCH CONTENT AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ERRORS OR OMISSIONS IN NEWS CONTENT, AND YOU AGREE THAT YOUR USE OF AND RELIANCE ON SUCH CONTENT IS AT YOUR OWN RISK.
7.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UTAH.AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
7.4 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations in this section may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
8. Indemnification
You agree to defend, indemnify, and hold harmless UTAH.ai, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
- Your User Content
- Your use or misuse of the Services
- Any claim that your User Content caused damage to a third party
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. Dispute Resolution and Arbitration
9.1 Informal Resolution
If you have a dispute with us, you agree to first contact us at legal@utah.ai and attempt to resolve the dispute informally. If we cannot resolve the dispute within 30 days, either party may proceed to arbitration or court as provided below.
9.2 Binding Arbitration
Except for claims that may be brought in small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Salt Lake City, Utah, or remotely via videoconference.
The arbitrator shall have exclusive authority to resolve all disputes, including the scope and enforceability of this arbitration provision. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
9.3 Class Action Waiver
YOU AND UTAH.AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.
9.4 Exceptions to Arbitration
Either party may seek equitable relief (including injunctive relief) in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles. To the extent arbitration does not apply, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah, and you waive any objection to venue or inconvenient forum.
11. Modifications and Termination
11.1 Modifications to Services
We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice, and without liability to you.
11.2 Termination by You
You may terminate your account and cease using the Services at any time by contacting us at support@utah.ai.
11.3 Termination by Us
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Services will cease immediately.
12. Miscellaneous Provisions
12.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and UTAH.ai regarding the Services and supersede all prior agreements and understandings.
12.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, it shall be severed, and the remaining provisions shall continue in full force and effect.
12.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless in writing and signed by an authorized representative of UTAH.ai.
12.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may freely assign these Terms without restriction. Any attempted assignment in violation of this provision is void.
12.5 Force Majeure
We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, fuel, energy, labor, or materials.
12.6 Survival
Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution.
13. Contact Information
If you have any questions about these Terms, please contact us at:
UTAH.ai
Email: legal@utah.ai
Website: https://utah.ai