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Terms of Service

The terms and conditions that govern your use of Aumark and the aumark.ai website.

1. Acceptance of Terms

By accessing or using the website located at aumark.ai (the "Site") or the Aumark platform and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Aumark ("Aumark," "we," "our," or "us"), a limited liability company incorporated in the State of Florida, USA.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms in their entirety, you must not access or use the Services.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Site with an updated date. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms.

2. Description of Service

Aumark is an AI-powered customer service, quality management, and compliance platform developed and maintained by Aumark. The platform is designed for businesses in regulated industries, including but not limited to medical devices, pharmaceuticals, and precision manufacturing.

Our Services include, but are not limited to, the Aumark software platform, AI consulting, implementation services, technical support, training, and the informational content available on this Site.

Access to and use of specific features of Aumark is governed by a separate written agreement, license, or order form between Aumark and the customer. In the event of a conflict between these Terms and such an agreement, the terms of the separate agreement shall prevail.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time without liability to you. We will make reasonable efforts to provide advance notice of material changes.

3. User Accounts

Certain features of the Services may require you to create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information during the registration process.
  • Maintain the security and confidentiality of your account credentials.
  • Promptly notify us of any unauthorized access to or use of your account.
  • Accept responsibility for all activities that occur under your account.
  • Not share your account credentials with any third party.
  • Not create accounts by automated means or under false pretenses.
We reserve the right to suspend or terminate any account that we believe, in our sole discretion, is being used fraudulently, in violation of these Terms, or in a manner that may harm Aumark, other users, or third parties.

4. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Services in any way that violates applicable federal, state, local, or international law or regulation.
  • Transmit or upload any material that contains viruses, malicious code, or other harmful components.
  • Attempt to gain unauthorized access to any part of the Services, servers, or networks connected to the Services.
  • Use the Services to transmit unsolicited communications, spam, or phishing content.
  • Reproduce, duplicate, copy, or resell any part of the Services without our express written permission.
  • Use automated tools to scrape, crawl, or extract data from the Site or platform.
  • Interfere with or disrupt the integrity or performance of the Services.
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.

5. Intellectual Property

All content, features, and functionality of the Services -- including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, software, and the selection and arrangement thereof -- are the exclusive property of Aumark and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Aumark name, logo, and all related product and service names, design marks, and slogans are trademarks of Aumark. You may not use any trademarks without our prior written permission.

All rights reserved. No part of the Services may be reproduced, distributed, transmitted, displayed, published, or broadcast without the prior written permission of Aumark, except as expressly permitted in a separate written agreement with Aumark.

Subject to your compliance with these Terms, Aumark grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for your personal, non-commercial informational purposes.

Any feedback, suggestions, or ideas you provide to us regarding the Services ("Feedback") shall be deemed non-confidential, and we shall have an unrestricted, royalty-free right to use, reproduce, modify, and distribute such Feedback for any purpose without acknowledgment or compensation to you.

6. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, AUMARK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Aumark does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components; that any content or information obtained through the Services will be accurate or reliable; or that defects will be corrected.

The information on this Site, including any information regarding regulatory compliance, is provided for general informational purposes only and does not constitute legal, regulatory, or professional advice. You should consult with a qualified professional before relying on any such information.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUMARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES.

IN NO EVENT SHALL AUMARK'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO AUMARK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS (USD $100).

The limitations in this section apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Aumark has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, Aumark's liability is limited to the greatest extent permitted by law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Aumark and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including your submission of any content, your conduct, or your violation of any third-party right.

9. Termination

We may suspend or terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. Reasons for termination may include, but are not limited to, breach of these Terms, unlawful conduct, or conduct that we determine to be harmful to other users, the Services, or third parties.

Upon termination, your right to use the Services will immediately cease. You may also terminate your use of the Services at any time by ceasing to access the Site or contacting us to delete your account.

All provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

10. Governing Law & Dispute Resolution

These Terms and any dispute or claim arising out of or relating to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without giving effect to any choice or conflict of law provision or rule.

Any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the state or federal courts located in Orange County, Florida. By using the Services, you irrevocably consent to the personal jurisdiction of and venue in such courts.

You and Aumark agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

11. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Aumark regarding your use of the Site, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.

12. Contact Us

For questions about these Terms, please contact us:

Aumark Orlando, Florida, USA consult@aumark.ai aumark.ai