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GiiLD.com Terms of Use

Welcome to our website. This Site is maintained as a service to our customers. By using this Site, you agree to comply with and be bound by the following Terms of Use. Please review them carefully. If you do not want to agree to these Terms of Use, you must not access or use this Site.

 

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH WILL BE ENFORCED BY THE PARTIES AND IS A WAIVER OF YOUR CLASS ACTION RIGHTS.

  1. Agreement. Please read this agreement (Agreement) carefully before using our Site at https://GiiLD.com (the Site). By accessing or using the Site, you accept and agree to be bound by this Agreement and all of its terms without change. This Agreement is between GiiLD, LLC if you are a resident of the United States of America, or alternatively GiiLD, Inc. if you are a resident outside of the United States of America (each being referred to respectively as “GiiLD” "we", "us", "our"), and you the user. GiiLD may modify this Agreement at any time by posting the modified Agreement, which shall be effective immediately when posted. You can view the most recent version of these Terms of Use at any time at https://GiiLD.com/terms. Your continued use of the Site after an update to these Terms of Use has been posted means that you accept and agree to the changes. As noted above, THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH WILL BE ENFORCED BY THE PARTIES AND IS A WAIVER OF YOUR CLASS ACTION RIGHTS.

    The Site is intended for adults only. To use the Site, you must be at least eighteen (18) years of age or the age of majority, whichever is older, in the jurisdiction in which you reside so that you can form a binding contract with GiiLD. This Site is not intended to be used by anyone under the age of 18. If you are under the age of 13, you may not access or use this Site without the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to this Agreement. Certain parts of the Site may be subject in whole or in part to heightened age and/or other eligibility requirements.
     

  2. Privacy. Your visit to the Site is also governed by our Privacy Notice (Notice). We are committed to privacy and security, and to providing the best possible user experience for our users and online customers.  We also strive to protect the personal information of those who use our services and Site.  Click here https://GiiLD.com/privacy for our entire Notice.  Please read our Privacy Notice which concerns your personal information. Our Notice may be updated from time to time, so please check back frequently.
     

  3. Software Subscriptions; Other Terms and Conditions. poqet ai or any software that is made available to download from the Site (Software) is the copyrighted work of GiiLD and/or its suppliers. Additional terms and conditions apply to Software subscription purchases. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to form a contract with GiiLD.

    Use of the Software is governed by the terms of the end user license agreement available at https://GiiLD.com/EULA (EULA), which you must agree to or you may not download, install, access, or use the Software. Third party scripts or code, linked to or referenced from this Site, are licensed to you by the third parties that own such code, not by GiiLD.

    The Software is made available for download solely for use by end users according to the EULA. Any reproduction or redistribution of the Software not in accordance with the EULA is expressly prohibited.

    If there is a conflict between this Agreement and the EULA, the EULA terms shall control with respect to your use of the Software. GiiLD's obligations, if any, with regard to its Software and Software subscription licenses, if any, are governed solely by the EULA pursuant to which the Software is provided, and nothing on this Site should be construed to alter such EULA.

    GiiLD may make changes to any Software or Software subscription offered on the Site, or the applicable prices for any such Software or subscription, at any time, without notice. The Content on the Site with respect to such Software may be out of date, and GiiLD makes no commitment to update the materials on the Site with respect to such Software or subscription. 
     

  4. Proprietary Rights. The content and all materials featured on the Site including the selection, arrangement, design, layout, and organization thereof, and the Site as a whole (collectively, Content) is owned and copyrighted, licensed by, or used with permission that is granted by GiiLD. Any reproduction, distribution, copying, use or publication of such Content or any portion of the Site is strictly prohibited, unless explicitly authorized in this Agreement. You may not modify, copy, translate, decompile, disassemble, reverse engineer, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell, or delete or change any Content, the Site, or any copyright, trademark, or other proprietary notice on any Content or the Site, except as expressly permitted by GiiLD. Your use of the Site will not grant you any ownership rights or other interests in the Content under any circumstances. The EULA may have different licenses and permissions with respect to your use of the Software and in the event of a conflict between this Agreement and the EULA, the EULA will control.  
     

  5. Trademarks. GiiLD, poqet ai, poqet ai Pro, poqet ai Lite, Practical AI, and others are either trademarks or registered trademarks of GiiLD. Other product and company names mentioned on this Site may be trademarks of their respective owners. References on this Site to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience.
     

  6. Links to Third Party Sites. The Site may contain hyperlinks to websites operated by parties other than GiiLD. Such hyperlinks are provided for your reference only.  We do not control such websites and are not responsible for their content. If we post hyperlinks to other websites, this does not mean that we endorse the material on such websites or associate ourselves with their operators. Your access to and use of such websites, including information, material, products and services on such website, is solely at your own risk. Furthermore, because the GiiLD Privacy Notice is applicable only when you are on our Site, once linked to another website, you should read that site’s privacy policy or privacy notice before disclosing any personal information.
     

  7. Links to Our Site. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our Site so long as (i) the link or your linking website does not portray GiiLD, our products, Software, or services in a false, misleading, derogatory, or otherwise offensive matter;  (ii) your linking website complies with all applicable law and does not otherwise violate this Agreement or the rights of others; and (iii) your website has, maintains and follows a privacy policy no less protective of user data than the privacy policy of this Site. You may not use any GiiLD logo, poqet ai logo, or other proprietary graphic or trademark as part of the link without express written permission.  We may revoke this license at any time, with or without cause, in which case you agree to immediately remove the hyperlink.  You may not link to any page other than the home page of this website.  Any link to our website should be a full forward link that passes the client browser to our home page without barriers.  The "back" button should return the visitor to the original site if the visitor wishes to back out.
     

  8. Site Use. GiiLD grants you a limited, revocable, nonexclusive license to access and use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of the Site is at the discretion of GiiLD and GiiLD may terminate your use of the Site at any time.

    As a condition of your use of the Site, you warrant to GiiLD that you will not use the Site for any purpose that is against the law or prohibited by this Agreement. If you violate any term of this Agreement, or any aspect of law, regulation or guideline, your permission to use the Site automatically ends.

    You may not use scrapers, bots, spiders, or other automated tools to collect or index the Content of the Site without GiiLD's prior, written, express permission.  You may only use the Site strictly for your personal use unless otherwise first authorized in writing by GiiLD. You agree not to take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure. You may not use the Site other than for its intended purpose, in any unlawful manner, or in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site. You may not frame the Site or otherwise make it appear that you have a relationship with us or that we have endorsed you.
     

  9. User Content and Interactive User Areas. We may offer the opportunity for you to contribute your ideas, comments, questions, product reviews, profiles and other communications to or from the Site (User Content) in message boards, reviews, and other features of the Site (User Areas) that may be offered from time to time.

    These areas are merely provided as a forum to enable participants' discussions about the subjects of interest. GiiLD has no obligation to monitor User Areas or User Content. However, GiiLD reserves the right to review User Content posted in the User Areas. GiiLD is not responsible for monitoring any materials posted by any third party or for verifying that such information or materials are accurate, timely, reliable, suitable, complete, non-infringing, or free from technical defects. These limitations of warranties and liability apply to all User Areas.

    You are solely responsibility for the content that you post in User Areas and you agree to indemnify and hold GiiLD, its affiliates, officers, and employees harmless from any claim, demand or expense (including attorneys' fees) due to or arising out of your use of interactive forums or any information or materials provided on such interactive forum.

    You will not (nor cause any third party to) use the Site to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy) of others) or immoral activities or any of the following types of activities, including, without limitation:
    -transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    -transmitting any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    -impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
    -advertising or commercial content;
    -interfering with or disrupting the Site;
    -disrupting the activities or enjoyment of the Site for other users; or
    -collecting, or storing personal data about other users.

    You agree to abide by all applicable local, state, and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any User Content you create or upload.

    You acknowledge that User Content is not endorsed by GiiLD and such User Content should not be considered to have been reviewed, screened, or approved by GiiLD.  You should exercise discretion before relying on information contained in User Content.

    We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Site, and remove any User Content from a User Area, at any time and for any or no reason.  GiiLD will not be liable to you or any third party for any termination of your access to the Site or deletion of any User Content on the Site.

    We may preserve and disclose User Content if required to do so by law or we believe in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that User Content violates any third party's rights, or protect the right, property or personal safety of GiiLD and its agents, any users of the Site, and the public.

    Subject to applicable law and our Privacy Notice, any communications posted by you in a User Area (including without limitation User Content) are posted on a non-confidential basis, and we are under no obligation to refrain from reproducing, publishing, or otherwise using them in any way or for any purpose.  We are free to use the content of any such communication, including without limitation any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including without limitation developing, manufacturing, and/or marketing Software or services. 

    You will be responsible for the content and information contained in any communication sent by you to the Site or otherwise to GiiLD, including without limitation for its truthfulness and accuracy.
     

  10. Your Account. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  If your status as a user of this Site is terminated, you will (i) stop using the Site and any information obtained from the Site, and (ii) destroy all copies of your account information, password and any information obtained from this Site.
     

  11. Feedback. Separate and apart from User Content, you may have the ability to submit information including feedback or data such as questions, comments, suggestions, or the like regarding the Content of the Site or the products offered on the Site (Feedback). You agree that Feedback is non-confidential.  We will have no obligation of any kind with respect to Feedback and will be free to reproduce, use, disclose, and distribute it to others without limitation without acknowledgement or compensation to you.  We will be free to use any ideas, concepts, know-how, or techniques contained in Feedback for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating Feedback. GiiLD shall own exclusive rights, including all intellectual property rights, in and to Feedback. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in it.
     

  12. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge
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  13. Indemnification. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless GiiLD and our respective officers, directors, agents, partners, members, employees, independent contractors, licensors, service providers and consultants (together with GiiLD, the GiiLD Parties), from and against any claims, damages, costs, liabilities and expenses (collectively, Claims) arising out of or related to (a) your access to and use or misuse of the Site; (b) any User Content you create, post, upload, use, distribute, store or otherwise transmit on or through the Site; (c) any Feedback you provide; (d) your violation of this Agreement; and (e) your violation, misappropriation or infringement of any rights of another. You agree to promptly notify the GiiLD Parties of any third party Claims, cooperate with the GiiLD Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree the GiiLD Parties shall have control of the defense or settlement of any third party Claims.
     

  14. Disclaimer. SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE EULA. YOU EXPRESSLY UNDERSTAND AND AGREE YOUR USE OF THIS SITE AND SERVICES OFFERED AT THE SITE IS AT YOUR SOLE RISK.  GIILD MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THE SITE, INCLUDING IN ANY DOCUMENTS, GRAPHICS, VIDEOS, OR OTHER CONTENT PUBLISHED AS PART OF THE SITE FOR ANY PURPOSE. ALL SUCH CONTENT AND RELATED GRAPHICS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  GIILD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

    THE CONTENT AND RELATED GRAPHICS PUBLISHED ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GIILD MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE, THE CONTENT, AND THE SOFTWARE AT ANY TIME. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
     

  15. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE GiiLD PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) ARISING OUT OF OR IN ANY WAY CONNECTED TO: (i) THE ACCESS, USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF SUBSTITUTE SERVICES, SOFTWARE, OR OTHER PRODUCTS RESULTING FROM ANY DATA, INFORMATION, SERVICES, OR SOFTWARE OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE, AND INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS INTERRUPTIONS TO ALL OR PORTIONS OF THE SITE, DELETION OF FILES OR EMAIL, ERRORS OR OMISSIONS, DEFECTS, VIRUSES, UNAUTHORIZED ACCESS, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO A GiiLD PARTY'S RECORDS, PROGRAMS, SOFTWARE, OR SERVICES.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE GiiLD PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE COMPLETE SITE EXCEED THE GREATER OF USD $50.00 OR ANY COMPENSATION YOU PAY, IF ANY, TO GiiLD FOR ACCESS TO OR USE OF THE COMPLETE SITE. THE LIMITATIONS SET OUT IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE GiiLD PARTIES' LIABILITY FOR GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
     

  16. Use of Information. GiiLD reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Notice.
     

  17. Copyrights. If you believe that any material contained on the Site infringes on your copyright, or your intellectual property rights have otherwise been violated, you should notify GiiLD of your copyright infringement claim. 
     

  18. Applicable Law. You agree that the laws of the state of Minnesota, without regard to conflicts of law provisions, will govern this Agreement and any Dispute that may arise between you and GiiLD, and you agree to submit to the exclusive jurisdiction of the state and federal courts sitting in Minnesota, waiving all defenses or objections to such jurisdiction and venue. Your use of the Site may also be subject to other local, state, national, or international laws. You further agree, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
     

  19. Dispute Resolution. You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Site or services provided on the Site including without limitation the Content or the purchase of any Software or service (a Dispute) will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Minnesota law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law, but notwithstanding the foregoing, in lieu of or addition to any other remedies available to GiiLD, GiiLD may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of GiiLD or any third party's intellectual property; (6) Judgment on an award rendered by an arbitrator may be entered in any state or federal court within or without the state of Minnesota; (7) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (8) The arbitrator will not have the power to award punitive damages against any party; (9) In the event  the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, GiiLD retains the right to forward them to the AAA on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GiiLD retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; (10) you further acknowledge that GiiLD's rights in its intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages; and (11) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
     

  20. Severability. If any terms, clauses, or provisions of this Agreement is deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining terms, clauses, or provisions.
     

  21. Waiver. Failure by GiiLD to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. Any waiver of this Agreement by GiiLD must be in writing and signed by an authorized representative of GiiLD.
     

  22. Miscellaneous. You may have greater rights, or some of the provisions of this Agreement may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions shall not apply to you.
     

  23. Termination. We may, in our sole discretion, terminate this Agreement or terminate your password, account (or any part thereof) or use of the Site, and remove any User Content from a User Area, at any time and for any or no reason.  We will not be liable to you or any third party for any termination of your access to the Site or deletion of any User Content on the Site.
     

  24. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
     

  25. Entire Agreement. This Terms of Use, along with the additional terms and conditions referenced herein, constitutes the entire agreement between you and GiiLD and governs the terms and conditions of your use of the Site and any GiiLD services, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and GiiLD with respect to this Site and any GiiLD services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy, and the Software EULA), guidelines, or rules that may apply when you use the Site or our services.
     

  26. Contact Information.

GiiLD

1 (866) 767-3824

notify@GiiLD.com

 

Last modified May 6th, 2024

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