Last updated September 30, 2024
Please read these Terms of Service (these "Terms") carefully, as they constitute a legally binding agreement between Rad Blue, Inc., a Delaware corporation ("Rad Blue", "we," "us", or "our") and an end-user ("you" and "your"), and apply to your use of our website, its subdomains, and our software as a service (collectively the "Services") which are called "Aurium".
In case you are signing up for Aurium as a representative of or on behalf of a party (e.g. your employer or an entity for which you are an independent contractor/consultant, collectively the "Client"), your acceptance of these Terms also binds the Client, and you represent and warrant that you have the authority to bind the Client to these Terms.
BY AGREEING TO THESE TERMS, YOU EXPRESSLY AGREE THAT ANY CONTROVERSY, ALLEGATION, OR CLAIM THAT ARISES OUT OF OR RELATES TO THE SERVICES OR THESE TERMS SHALL BE FINALLY RESOLVED BY ARBITRATION AND YOU WILL NOT ENTER INTO ANY CLASS ARBITRATION, OR BRING ANY CLAIMS AGAINST US IN COURT.
In addition to these Terms, please review our Privacy Policy which forms part of the terms and conditions which apply to you by reference and states how we access and use your information.
IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICES OR SET UP AN ACCOUNT.
1. Acceptance of these Terms
You hereby agree to accept these Terms by (a) either using our Service, or (b) by opening an account under a username.
Once you accept these Terms, you are bound by them until they are terminated.
2. Using the Services
Right to Use and License
Rad Blue hereby grants you: (a) a non-exclusive, non-transferable, non-assignable non-sublicensable and revocable right to use the Services, solely for the purposes of and in the manner described in these Terms and in any technical documentation contained in, or provided with, the Services; and (b) a non-exclusive, royalty free, perpetual and irrevocable license to all content we enter on your behalf in any correspondence or otherwise in association with your account ("Input").
No Sale
You acknowledge and agree that you are only being granted a right to use the Services and nothing is being sold to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the use rights specified and other terms, conditions, and restrictions of these Terms. We reserve all other rights that are not granted in these Terms.
What We Provide
The Services is an AI sales enabler that aims to boost lead generation for you amongst the LinkedIn community and help you reach your target customers/end users to engage in direct conversation for your purposes. We allow you to leverage us as your voice, using your own LinkedIn account to connect with individuals of interest ("Target") for your purposes (e.g. business development, research, etc.).
Service Updates
You understand that the Services will evolve from time to time. As a result, Rad Blue may update Aurium which may be minor or significant, both in form and function. You acknowledge and agree that we may update Aurium with or without notifying you, including adding or removing features, products, or functionalities.
Use Restrictions
You agree to not, directly or indirectly (and will not permit any third party) to:
- Do anything with the Services other than use them for your own use as intended under these Terms
- Use Rad Blue's name, trademarks, service marks, trade names, designs, logos, photos, or any other materials we make available via the Services, except as allowed by these Terms
- Remove, alter or destroy any copyright notices or other proprietary markings
- Reverse engineer, duplicate, decompile, disassemble, or decode any part of the software
- Upload viruses or other malicious code
- Violate any applicable law or regulation
- Disrupt or hinder any of the Service's web pages, connected servers or networks
- Pretend to be someone else or falsely represent your association with any other entity
Fees
Usage of the Services is subject to the fees that are set out on our website or any Rad Blue order form we enter into with you for the Services.
3. Creating an Account
Registration
To access the Services, you must register for an account ("Account") and provide information as prompted by the account registration flow. You represent and warrant that: (a) all registration information you enter on the Services is truthful and accurate; (b) you will maintain and promptly update such information to keep it true, accurate, current and complete; and (c) each Account is for the purposes of a specified end-user or company.
Eligibility
Aurium is only available to end-users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent and warrant that you are at least 18 years of age or over the age of majority in the state or country where you are a resident or citizen.
User Information & Credentials
When you create an Account with Rad Blue, you will be set up with a username and password. You acknowledge and agree that you are exclusively responsible for the security and confidentiality of your login credentials and for all use of the Services and all related charges that may arise from such use.
4. Intellectual Property Rights, Ownership and Grants
Rights You Grant Us
You hereby grant Rad Blue a non-exclusive, revocable, sublicensable (solely for the purpose of the provision of Services), non-transferable right to access your LinkedIn account and related features, including your inbox, for the purpose of providing you Services, and a non-exclusive, sublicensable, transferable, license to the content therein for the purposes of using, transmitting, modifying, processing, creating derivative works of, and displaying any necessary content to the extent necessary to perform the Services.
Rad Blue's Rights and Ownership
The Services utilizes technology, capabilities and contain certain materials provided by us as well as our licensors, including but not limited to, all proprietary software. Rad Blue and its licensors reserve all ownership and Intellectual Property Rights to all parts of the Services.
Aggregate Stats
Rad Blue shall monitor your use of the Services and various aspects of the Services, collect and compile data and information related to all such use in an aggregate and anonymized manner, including to compile statistical and performance information related to the Services ("Aggregated Statistics"). Such Aggregated Statistics are wholly owned by Rad Blue.
5. Confidentiality
We will treat your LinkedIn account related information as Confidential Information. We will not use the Confidential Information, or permit it to be accessed or used, for any purpose other than those set out under these Terms.
6. Term and Termination
Term
These Terms commence on the earlier of the date you first opened an Account to use the Services or the date when you accepted these Terms via starting a subscription to the Services, and will remain in full force and effect while you use the Services, unless terminated earlier.
Termination by Rad Blue
If you have breached any material provision of these Terms, if Rad Blue is required to do so by law, or if it is commercially impracticable for Rad Blue to provide the Services, Rad Blue has the right to, immediately and without notice, suspend or terminate any of the Services provided to you.
Termination by You
These Terms shall not apply to you upon the earlier of (i) your/Client's notice to us requesting that the Services no longer be provided, or (ii) deletion of applicable Accounts by emailing us at support@aurium.ai.
Effect of Termination
If Services are terminated for any reason, your use rights shall cease and you may not be able to access your Account. Rad Blue will not have any liability whatsoever to you for any suspension or termination.
7. Indemnity
Your Indemnification Obligation
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Rad Blue, our directors, officers, stockholders, employees, licensors, Providers and agents ("Rad Blue Parties") from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your breach of these Terms, any rights of another party or any applicable law or regulation; or (c) your gross negligence or willful misconduct.
Indemnification by Rad Blue
Rad Blue will defend, indemnify and hold harmless you and as applicable your officers, directors, employees, contractors and licensors, from and against any costs, damages (including reasonable attorneys' fees) that are awarded in final judgment against or paid in settlement in connection with any action or suit brought against you by a third party based upon a third-party claim that the Services, as provided by Rad Blue pursuant to these Terms, infringe any Intellectual Property Rights or misappropriate any trade secret.
8. Disclaimer of Warranties and Conditions
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND AURIUM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. RAD BLUE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
BY IMPROVING YOUR ABILITY TO EXTRACT THE MOST OUT OF YOUR LINKEDIN ACCOUNT ACCESS THROUGH AUTOMATED MEANS, WE PROVIDE A NOVEL SERVICE. WE CANNOT PREDICT HOW LINKEDIN WILL RESPOND AND REACT TO YOUR USE OF OUR SERVICES – WE DO NOT MAKE ANY PROMISES THAT OUR SERVICES AND YOUR RIGHT TO USE ANY THIRD PARTY SERVICE IN CONJUNCTION WITH YOUR LINKEDIN ACCOUNT WILL BE APPROVED, GO UNNOTICED, BE SANCTIONED, OR IN ANY WAY ENDORSED BY LINKEDIN.
WE MAKE ALL EFFORTS TO CONNECT WITH TARGETS ON A COMMERCIALLY REASONABLE BASIS. WE DO NOT PROMISE ANY PARTICULAR OUTCOME AND WE DO NOT GUARANTEE ANY PARTICULAR RATE OF CONVERSION FROM CONTACTS TARGETED.
9. Limitation of Liability
Disclaimer of Certain Damages
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL RAD BLUE BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF USE OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES.
Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAD BLUE WILL NOT BE LIABLE UNDER THESE TERMS BEYOND THE GREATER OF (i) $100 USD, OR (ii) THE AMOUNT YOU PAID US IN THE 6 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM.
10. Governing Law and Dispute Resolution
Governing Law
These Terms and all related orders and subscriptions related hereto, and all matters arising out of or relating to these Terms are governed by, and construed in accordance with, the laws of the State of California, without giving effect to the conflict of laws provisions thereof.
Arbitration
You and Rad Blue agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services will be resolved by binding arbitration, rather than in court, except for: (1) any Excluded Dispute; (2) any claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (3) any claim for equitable relief.
Waiver of Jury Trial
YOU AND RAD BLUE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
Waiver of Class and Other Non-Individualized Relief
YOU AND RAD BLUE AGREE THAT, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS.
11. Contact Us
Rad Blue welcomes comments, questions, concerns, or suggestions. Please send us any inquiries at support@aurium.ai or find more information about us by visiting our website.