These Terms of Service (this “Agreement”) govern your use of this website, the Duxre service, and any related software, code, or documentation made available to you through the service (collectively, the “Service”). The Service is made available to you by Datum, Inc. d/b/a Duxre (“Duxre”, “we”, or “us”). Subject to your acceptance of this Agreement, you may access and use the Service during the Term (as defined below). BY USING THE SERVICE, YOU AGREE ON BEHALF OF YOU AND YOUR ORGANIZATION (TOGETHER, “LICENSEE”) TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, LICENSEE MAY NOT ACCESS OR USE THE SERVICE.
Subject to this Agreement including the payment of all applicable charges, Duxre hereby grants to Licensee, during the Term, a limited, non-exclusive, non-transferable license to access and use the Service.
Licensee may not: (a) copy the Service, including any related software, code, or documentation; (b) translate or decompile, or create or attempt to create, by reverse engineering or otherwise, the source code form of the Service; (c) modify, adapt, translate or create a derivative work of the Service; (d) remove any proprietary notices, labels, or marks on the Service; or (e) assign, sublicense, rent, or transfer all or any part of the Service or access to the Service, to any person or entity without the prior written consent of Duxre.
Licensee may not use the Service in any manner or for any purpose that:
You further agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” “offline readers” or the like, that access the Service. Notwithstanding the foregoing, Duxre may allow operators of public search engines to use spiders to index materials from the Service for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Duxre reserves the right to revoke these exceptions either generally or in specific cases.
Privacy. Personal data collected by Duxre is maintained and shared in accordance with Duxre’s Privacy Policy. By entering into this Agreement, Licensee consents to the Duxre Privacy Policy.
Usage Data. Licensee acknowledges and agrees that Duxre may use and disclose data derived from the use of the Services (a) as part of Duxre’s business operations, on an aggregate, anonymous basis such that any use or disclosure does not permit a third party to associate any particular data with Licensee, (b) if required by applicable law, and (c) as otherwise set forth in the Privacy Policy. In addition, Duxre may use data derived from Licensee’s use of the Service for Duxre’s internal purposes, including to develop, operate, manage, maintain, and improve Duxre’s offerings.
Duxre will implement and maintain technical and organizational measures appropriate to the nature of data provided by Licensee and generated as a result of Licensee’s use of the Service and will use commercially reasonable efforts to protect such data from unauthorized access, accidental or unlawful destruction, misuse, alteration, or disclosure. Each party will use commercially reasonable efforts to notify the other party in the event that third parties gain unauthorized access to such data.
All or portions of the Service may be offered to you on a trial or “beta” basis (“Beta Offerings”). Beta Offerings are made available without any warranties of any kind and may be modified or discontinued at Duxre’s sole discretion.
Licensee acknowledges and agrees that, as between Duxre and Licensee, Duxre owns and retains all rights, title, and interest in and to the Service and all Duxre Intellectual Property. “Duxre Intellectual Property” means all of Duxre’s technology, inventions, discoveries, innovations, know-how, methods, processes, information, trademarks, software, documentation, and interfaces, including all improvements, modifications, works in process, derivatives, or changes, whether tangible or intangible, embodied in any form, and all Intellectual Property Rights in the foregoing, excluding for the avoidance of doubt any Licensee Materials (as defined below).
Licensee retains all right, title, and interest in and to any content, data, information, and other materials that Licensee may upload to or otherwise process using the Service (“Licensee Materials”). Subject to Duxre’s rights, Licensee is the sole owner of the Licensee Materials and all Intellectual Property Rights in them. Licensee grants Duxre a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, adapt, publish, translate, display, distribute, and otherwise use the Licensee Materials for the purpose of operating, improving, and promoting the Service, including for AI model training and evaluation.
Duxre will, in its sole discretion, provide new features, corrections, changes and updates to the Service as they become available.
For support-related issues, please contact us via email at support@duxre.com. We will use commercially reasonable efforts to provide support in accordance with our Service Level Agreement.
If you subscribe to the Service, you will be charged in accordance with the Pricing Schedule for the subscription plan you select, unless otherwise agreed by Duxre and Licensee in writing. Duxre may modify the fees and the Pricing Schedule from time-to-time by providing at least 30 days’ prior notice. Continued use of the Service following notice of a change to the fees or Pricing Schedule constitutes acceptance.
You will be required to provide valid credit card information to our payment processor and keep it up to date. All charges shall be in U.S. Dollars. Except where prohibited by applicable law, all payments are non-refundable.
The Service may allow you to deposit funds in an electronic wallet maintained by our payment processor. Funds accrue no interest and are not FDIC-insured.
Certain Licensees may earn revenue from CoLab syndication features or referrals. To receive payouts, you must have a verified Stripe Connect account. Payouts may be reduced by transaction/refund fees or any unpaid amounts owed to Duxre.
Licensee is solely responsible for all taxes, fees, duties, and governmental assessments (except taxes on Duxre’s net income) arising from this Agreement.
This Agreement begins on the date Licensee registers for the Service and continues until terminated. You may cancel at any time via account settings. Cancellation is effective at the end of your current payment period.
Duxre may terminate immediately if Licensee breaches a material provision, including payment obligations or Section 1. Upon termination, you must cease use of the Service and return or destroy all Duxre Proprietary Information.
Duxre may suspend access for non-payment or if your use threatens the Service or is illegal.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” DUXRE AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
To the maximum extent permitted by law, neither party is liable for consequential, special, indirect, incidental, punitive damages, or lost profits.
To the maximum extent permitted by law, Duxre’s total aggregate liability will not exceed the greater of US $500 or the amounts paid by Licensee in the six months preceding the claim.
These limitations do not apply to indemnification obligations, breaches of confidentiality, or gross negligence/intentional misconduct.
Duxre will defend Licensee against claims that the Service infringes third-party IP rights, with certain exceptions.
Licensee will defend Duxre against claims arising from Licensee Materials, misuse of the Service, or violations of third-party agreements.
The indemnified party must promptly notify the indemnifying party, allow control of defense, and provide assistance.
Licensee will maintain strict confidentiality of all Duxre Proprietary Information and not disclose it to third parties. Unauthorized disclosure may cause irreparable harm, allowing Duxre to seek injunctive relief.
If you believe your work has been copied in a way that constitutes copyright infringement, send a notice containing required information to:
Datum, Inc. d/b/a Duxre
3019 Wilshire Blvd., #138
Santa Monica, CA 90403
Email: copyright@duxre.com
Choice of Law: California law governs this Agreement.
Arbitration: Disputes will be resolved by binding arbitration in Los Angeles County, CA, with no class actions permitted.
Assignment: Licensee may not assign without consent. Duxre may assign in certain circumstances.
No Waiver: Failure to enforce any provision is not a waiver.
Severability: If any provision is unenforceable, the rest remains in effect.
Entire Agreement: This is the complete agreement and supersedes prior understandings.
Notices: Must be sent in writing to the addresses specified.
Force Majeure: Duxre is not liable for delays beyond its control.
Modifications: Duxre may modify this Agreement with notice; continued use constitutes acceptance.