**LAST UPDATED: 02.08.2022**
THIS BETA TERMS OF USE (“AGREEMENT”) IS ENTERED INTO BY AND BETWEEN **FUNNEL SMART ECOMMERCE LTDA** (“COMPANY”) AND “BETA USER”.
Thank you for using our services!
These Terms of Use apply when you (“BETA USER”) use the services of **FUNNEL SMART ECOMMERCE LTDA** or our affiliates (“COMPANY”), including our application programming interface, software, tools, developer services, data, documentation, and websites (“Services”). By using our Services, you agree to these Terms. Our Privacy Policy explains how we collect and use personal information.
**Evaluation License.** Subject to Beta User’s compliance with all of the terms and conditions of this Agreement, Company hereby grants Beta User a limited, non-exclusive, non-transferable, revocable license, without any right to sublicense, to access and use the Services and any related documentation provided by Company (together with the Services, the “Evaluation Materials”), solely for its internal and non-commercial use. Beta User’s use of the Services shall be strictly in accordance with any documentation provided by Company.
**Restrictions.** Beta User shall not directly or indirectly (a) use any of the Evaluation Materials or other confidential information of Company to create any product, software, documentation, or data that is similar to the Services, (b) disassemble, decompile, reverse engineer, or use any other means to attempt to discover any source code of any of Company’s software or services, or the underlying ideas, algorithms, or trade secrets therein, (c) encumber, sublicense, transfer, rent, lease, time-share, or use the Services in any service bureau arrangement or otherwise for the benefit of any third party, (d) copy, distribute, manufacture, adapt, create derivative works of, translate, localize, port, or otherwise modify any Evaluation Materials, (e) use or allow the transmission, transfer, export, re-export, or other transfer of any product, technology, or information it obtains or learns pursuant to this Agreement (or any direct product thereof) in violation of any export control laws or regulations of the United States or any other relevant jurisdiction, (f) except as authorized by Company, disclose any performance or benchmarking information with respect to the Services to any third party, or (g) permit any third party to engage in any of the foregoing proscribed acts.
**Feedback.** Beta User may, from time to time and in its sole discretion, make suggestions for changes, modifications, or improvements to the Services (“Feedback”). All Feedback shall be solely owned by Company (including with respect to all intellectual property rights) and shall also be Company’s confidential information. Beta User shall and hereby does make all assignments necessary to achieve such ownership. Beta User acknowledges and agrees that Company may use aggregated and anonymous data based on Beta User’s use of the Services; provided that none of the foregoing specifically identify Beta User. Any such materials produced using such aggregate data are the sole and exclusive property of Company.
**Beta User Content.** Beta User acknowledges and agrees that certain features of the Services may enable Beta User to provide through the Services certain information and content (“Beta User Content”). Beta User hereby grants Company a non-exclusive, perpetual, irrevocable, worldwide license to display, modify, distribute, perform, and reproduce such Beta User Content for the purpose of making it available through the Services. Beta User expressly agrees that Company shall not be responsible for any accuracy, damage, deletion, or destruction of Beta User Content.
**Term; Termination.** This Agreement shall commence on the date Beta User first accesses the Services and shall continue until terminated by either party as set forth herein. Company is free to terminate (or suspend access to) Beta User’s use of the Services for any reason in its discretion, including your breach of this Agreement. Company has the sole right to decide whether Beta User is in violation of any of the restrictions set forth in this Agreement. Upon termination, all rights granted to Beta User under this Agreement shall immediately cease, and Beta User will promptly cease all use of the Evaluation Materials. Sections 2-11 shall survive termination of this Agreement.
**Confidentiality.** Beta User acknowledges and agrees that in the course of using and accessing the Services, you may obtain or develop information relating to the Services and/or Company, including without limitation the Services, Evaluation Materials, and other financial, business, legal, technical, product, marketing, and customer information (collectively “Confidential Information”). Except for the specific rights granted by this Agreement, Beta User shall not use, possess, publish, or otherwise disclose any Confidential Information without the prior written consent of Company. Beta User shall receive the Confidential Information in strict confidence and use all reasonable efforts to protect the Confidential Information and any other proprietary or confidential information disclosed to it by Company (including ensuring that its employees and contractors who access the Confidential Information (a) have a need to know for the purposes permitted hereunder and (b) are bound by written obligations that are at least as protective of the Confidential Information as this Agreement). Beta User shall bear responsibility for any breach of confidentiality by its employees and contractors. Beta User agrees to keep confidential the fact that it is evaluating the Services and the results
of any evaluation. Beta User’s confidentiality obligations hereunder shall survive termination of this Agreement.
**Disclaimer of Warranty.** THE SERVICES AND EVALUATION MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE, THAT THEY WILL OPERATE WITHOUT INTERRUPTION, OR THAT THEY WILL MEET BETA USER’S REQUIREMENTS.
**Limitation of Liability.** TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE TO BETA USER OR TO ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, OR BETA USER’S USE OF, OR INABILITY TO USE, THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S TOTAL LIABILITY TO BETA USER FOR ALL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (UNDER ANY CAUSE OF ACTION) WILL NOT EXCEED $100.
**Indemnification.** Beta User agrees to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, arising from or relating to Beta User’s use or misuse of the Services or Beta User’s breach of this Agreement.
**General.** This Agreement constitutes the entire agreement between Beta User and Company regarding the subject matter hereof and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by Company of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by Company. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Beta User may not assign or transfer any of its rights or delegate any of its obligations hereunder without the prior written consent of Company. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation shall relieve Beta User of any of its obligations hereunder. This Agreement shall be governed by and construed in accordance with the internal laws of the State of [State], without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of [State] in each case located in the city of [City] and County of [County], and each party irrevocably submits to the jurisdiction of such courts in any such suit, action, or proceeding.
**Authorization for AI Operations**
By accepting these Terms of Use, you, the Beta User, hereby grant permission for **1DOLLAR AI, INC.** to perform tasks on your behalf, which may include accessing platforms and accounts using your provided email address and password. You acknowledge and agree that this authorization is granted solely for the purpose of enabling **1DOLLAR AI, INC.** to provide the Services as described herein and not for any unauthorized purpose.
**Compliance with Bright Data Policies**
As part of our commitment to legal and ethical use of technology, **1DOLLAR AI, INC.** utilizes the proxy network services of Bright Data. By agreeing to these Terms of Use, you commit to adhering to Bright Data’s policies, which strictly prohibit the following activities:
– **Prohibited Uses**:
– DDoS attacks
– Spam, including mass posting on mail/message boards/IRC/comments, and images
– Ad fraud or click fraud
– Impersonation or spoofing for fraudulent purposes
– Creating fake accounts or content
– Use of automatic ticket purchasing software (ticket-bots)
– Participation in raffles, lottery, or gambling activities
– Generating fake engagement (likes, comments, shares, etc.)
– Collection of nonpublic information (data behind login)
– Gaming or trading of in-game items/currency
– Reselling of proxies without Bright Data’s prior written approval
– Use of streaming related domains (videos, music, or image streaming)
– Trading in crypto/virtual currency or NFTs
– Any form of Search Engine Optimization (SEO) manipulation
– Posting on classified, used, and resell sites
– Completion of surveys in return for a benefit or anything of value
– Any activity that violates applicable law, regulations, or any third-party rights
By using the Services provided by **1DOLLAR AI, INC.**, you acknowledge and agree to refrain from engaging in any of the above-listed activities. Violation of these prohibitions may result in immediate termination of your access to the Services, legal action, and reporting to relevant authorities.
**Responsibility and Liability**
The Beta User is solely responsible for any actions taken through their account, including compliance with Bright Data’s policies. **1DOLLAR AI, INC.** assumes no liability for any actions taken by the Beta User that violate these Terms of Use or any applicable laws or regulations.
**Amendment and Notification**
**1DOLLAR AI, INC.** reserves the right to amend these Terms of Use at any time to ensure ongoing compliance with Bright Data’s policies or as required by law. Beta Users will be notified of any significant changes to these terms and are expected to review such amendments. Continued use of the Services after such notifications will constitute acceptance of the new terms.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives.