Terms and Conditions

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Effective Date: 26 May 2020

Welcome, and thank you for your interest in PEM Solutions LLC (“PEM Solutions LLC,” “we,” or “us”). These Website Terms of Service (“Terms”) govern your use of our Service (defined in Section 1.1). These Terms are a legally binding contract between you and PEM Solutions LLC regarding your use of the Service.

BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND PEM Solutions LLC’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY PEM Solutions LLC AND YOU TO BE BOUND BY THESE TERMS.

Arbitration NOTICE. Except for certain kinds of disputes described in Section 14, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND PEM Solutions LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury (See Section 14.).

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1. Overview.

1.1. As used throughout these Terms, “Service” means all portions of the website located at www.pemsolutionsllc.com (including all related subdomains), whether public-facing or accessible behind a log-in, and all features, functionality, content and materials available on or through such website (including the AI Platform (defined in Section 1.2) and all results or output derived from the operation or use of that platform (including AI models) except as set forth in Section 4.4)).

1.2. The Service provides you with general information about our products and services and includes a platform that is accessible through unique access credentials that is designed to enable users to build and deploy AI models with relative speed and ease (such platform, the “AI Platform”).

1.3. Your use of the Service is subject to all additional terms applicable to specific portions or features of the Service that we may post on the Service, link to on the Service, or otherwise make available to you (collectively, the “Additional Terms”), provided that the “Additional Terms” excludes the PEM Solutions LLC Privacy Policy referenced in Section 15.3. Unless the Additional Terms expressly state otherwise: (a) all Additional Terms are incorporated by this reference into these Terms as if the Additional Terms were set forth in this document; and (b) if there is any conflict or inconsistency between these Terms and any Additional Terms, then these Terms will control to the extent of such conflict or inconsistency.

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1. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) either you are at least 18 years of age or have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age and who will supervise your use of the Service; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

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1. Accounts and Registration. To access certain features of the Service, including the AI Platform, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and any access credentials that you need to access the account, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@pemsolutionsllc.com.

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1. Licenses.

4.1. Limited License. Subject to your complete and ongoing compliance with these Terms, PEM Solutions LLC grants you, solely for your personal use, a limited, revocable, non-exclusive, non-transferable, non-sublicensable and worldwide license to access and use the Service solely through the permitted functionalities on the Service and for your non-commercial, informational purposes only.

4.2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; (c) commercially exploit the Service in any manner; or (d) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

4.3. Feedback. If you choose to provide input or suggestions regarding problems with or proposed modifications or improvements to any aspect of the Service (“Feedback”), then you hereby grant PEM Solutions LLC an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose without any limitations, credit or fees due to you whatsoever.

4.4. AI Platform. Notwithstanding anything in these Terms to the contrary and for the avoidance of doubt, this Section 4 does not apply to the AI Platform and any results or output derived or generated from use or operation of that platform (including any AI models). Any rights that we may grant you to the same will be set forth in the applicable Additional Terms.

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1. Ownership; Proprietary Rights. The Service is owned and operated by PEM Solutions LLC. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) are protected by intellectual property and other laws. As between you and PEM Solutions LLC, the Materials are the sole property of PEM Solutions LLC. Except as expressly authorized by PEM Solutions LLC, you may not make use of the Materials. PEM Solutions LLC reserves all rights to the Materials not granted expressly in these Terms.

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1. Third Party Terms. The Service may contain links to other websites or other online properties that are not owned or controlled by PEM Solutions LLC (collectively, “External Sites”). The content of External Sites is not developed or provided by PEM Solutions LLC. PEM Solutions LLC is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on External Sites. You should contact the site administrator or Webmaster for External Sites if you have any concerns regarding content located on those External Sites. If you decide to access any External Sites, then you do so at your own risk. Further, you will be solely responsible for compliance with any termsour Terms and Conditions section is like a contract between you and your customers. You make information and services available to your customers, and your customers must follow your rules.

Common items in a terms and conditions agreement allow you to:

• Withdraw and cancel services, and make financial transactions.
• Manage customer expectations, such as liability for information errors or website downtime.
• Explain your copyright rules, such as attribution, adaptation, commercial or non-commercial use, etc.
• Set rules for user behavior, like forbidding unlawful behavior, hate speech, bullying, promotions, spam, etc.
• Disable user accounts.
• Write down any other terms or conditions that protect you or your audience.