Terms of Service

1. Acceptance of Terms

These Website Terms of Use govern access to websites and related services operated by Sided, Inc. (“Sided”, “we”, “our”, or “us”). These Terms are important and affect your legal rights.

Note that Section 15 (Arbitration) contains a mandatory arbitration provision requiring individual arbitration and limiting available remedies in certain disputes.

By accessing or using sided.ai website, related websites, products, services, and white labeled or private labeled websites provided by third party publishers (collectively, the “Sided Services”), you agree to be bound by these Terms and all incorporated terms.

Age Requirement: You must be 18 years of age or older to use the Sided Services. By accepting these Terms, you represent that you have legal authority to do so, and if you have accepted on behalf of another person or entity, you represent you have legal authority and that such person or entity agrees to be responsible if violations occur.

Previous Suspension: By accessing the Sided Services, you represent and warrant that you have not been previously suspended or removed from the Sided Services or engaged in any activity resulting in suspension or removal.

Content Endorsement: You should not construe Sided’s publication of any content as an endorsement of views expressed therein, or any warranty or guarantee of information, strategy, recommendation, action, application or material made by content authors.

Modification of Terms: Sided may revise these Terms at any time for any reason and may provide notice through the Sided Services. The “Last Updated” legend indicates the most recent update. By continuing to access, browse, or use the Sided Services, you agree to any revised Terms. If you do not agree to revised Terms, you may not use the Sided Services. Regular review of this page is recommended.

2. User Registration

Certain areas or features of the Sided Services may require account creation and provision of certain information. Each registration is for a single user only.

Account Security: If you create an account and receive a username, password, or other security information, you must treat such information as confidential and not disclose it to any other person or entity. Your account is personal to you, and you agree not to provide any other person with access using your username, password, or security information.

You agree to:

• Notify Sided immediately of any unauthorized access to or use of your username or password
• Ensure you exit from your account at the end of each session
• Use particular caution when accessing your account from public or shared computers

Information Accuracy: You agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your information; (c) be responsible for acts or omissions of any third party with authority to access the Sided Services on your behalf; and (d) immediately notify Sided if you discover or suspect any security breaches. If you provide information that is untrue, inaccurate, not current or incomplete, Sided may suspend and/or terminate your use of the Sided Services.

Communications Consent: By providing information and/or answering questions, you consent to receive electronic communications from Sided (via email, text message, or posting notices to the Sided Services). You should maintain copies of electronic communications by printing or saving them.

Promotional Communications: Sided may send you promotional communications via email, including newsletters, special offers, surveys and other news. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided.

3. Right to Access and Use the Sided Services and Content

Unless otherwise indicated in writing by Sided, the Sided Services and all content and materials contained therein—including the SIDED™ mark, SIDED™ logo, all designs, text, graphics, pictures, information, data, software, video, audio, displays, features, functionality, other files and the design, selection and arrangement thereof (collectively, “Content”)—are the property of Sided or our licensors or users and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Limited License: Subject to these Terms, you are granted a limited personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access, view and make personal, non-commercial use of the Sided Services and Content. All rights not expressly granted are reserved. You do not acquire any ownership interest in the Sided Services or Content under these Terms.

Prohibited Uses: You may use the Sided Services only for lawful purposes and in accordance with these Terms of Use. You do not have any right to, and shall not, directly or indirectly:

• Sell, resell or use commercially the Sided Services or Content
• Distribute, publicly perform or publicly display the Sided Services or any Content
• Modify or otherwise make any derivative uses of the Sided Services or Content
• Use any data mining, robots or similar data gathering or extraction methods
• Download (other than page caching) any portion of the Sided Services or Content, except as expressly permitted
• Use the Sided Services to stalk, threaten, harm, or otherwise violate the rights of others, including privacy rights or rights of publicity
• Interfere with the Sided Services or servers or networks used in connection with the Sided Services
• Use the Sided Services in any manner that could disable, overburden, damage, or impair the website or interfere with any other party’s use, including their ability to engage in real time activities
• Use any robot, spider, or other automatic device, process, or means to access the Sided Services for any purpose, including monitoring or copying material
• Use any manual process to monitor or copy material on the website or for any other purpose not expressly authorized, without prior written consent
• Use any device, software, or routine that interferes with the proper working of the website and/or Sided Services
• Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, server, or any server, computer, or database connected to the website and/or Sided Services
• Attack the website via a denial-of-service attack or distributed denial-of-service attack
• Use the Sided Services or Content other than for their intended purposes

Right to Modify Services: Sided reserves the right in its sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sided Services (or any features or parts thereof) at any time.

4. Trademarks

The SIDED™ mark, SIDED™ logo, and any other Sided product or service names, trademarks, logos, or other indicia that may appear on the Sided Services (“Marks”) are the property of Sided or its subsidiaries, affiliates or third parties, and may not be copied, imitated or used, in whole or in part, without prior written permission. Nothing contained in these Terms and/or the Sided Services shall be construed as granting, by implication or otherwise, any license or right to use any such Marks without the prior written permission of Sided or such third party that may own such Marks.

5. Legal Requirements; Privacy Policy

The Privacy Policy describes how Sided handles personal information provided when you use the Sided Services. For an explanation of privacy practices, visit the Privacy Policy.

6. User Content

You are solely responsible and liable for all data, information, marks, images, text, content and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Sided Services.

No Control Over User Content: Sided has no control over, and shall have no liability for, any damages resulting from the use (including republication) or misuse by any third party of information made public through the Sided Services.

Risk Assumption: If you choose to submit to us, or otherwise make any user content publicly available, you do so at your own risk and we shall have no liability therefor.

Non-Confidential Status: Any User Content you post to the Sided Services site will be considered non-confidential and non-proprietary. You must not Transmit User Content if you are not the owner of or are not fully authorized to grant rights in all elements of that User Content. Sided disclaims any and all liability in connection with User Content.

Warranties Regarding User Content: By providing User Content via the Sided Services, you affirm, represent, and warrant to Sided that (i) you own or control all rights in and to the User Content and have the right to grant the license granted to Sided and its affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (ii) all of your User Content do and will comply with these Terms of Use.

Prohibited User Content: You agree that you will not, and will not permit anyone else to, directly or indirectly, Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; that infringes any patent, copyright, trademark or other intellectual property right; that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or that contains any software routine, code, instruction or virus designed to disable, delete, modify, damage or erase software, hardware or data.

Moderation Rights: Although Sided has no obligation to screen, edit or monitor User Content, Sided reserves the right, and has absolute discretion, to remove, screen or edit User Content posted or stored on the Sided Services at any time and for any reason. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sided Services at your sole cost and expense.

7. Rights in User Content

Sided does not claim any ownership interest in User Content. However, by uploading, posting or submitting User Content to the Sided Services or to our pages, surveys, polls, or feeds or on third-party social media platforms, you hereby grant Sided a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at Sided’s sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes. However, Sided will only share personal information that you provide in accordance with its Privacy Policy.

8. Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Sided, or the Sided Services (collectively, “Feedback”). Feedback shall become the sole property of Sided. Sided shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. Reliance on Information Posted

The information presented on or through the Sided Services, or any related sites, polls, and surveys is made available solely for general information purposes. Sided does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Sided disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or user of the Sided Services, or by anyone who may be informed of any of its contents.

10. Third-Party Sites; Published Pages; Advertising Sites

This website and Sided Services include content provided by third party publishers, including polls and surveys created by publishers, third party advertisements, and third-party and/or licensors. All statements and/or opinions expressed in these materials, and all articles, comments, and responses to questions and other content, other than the content provided directly by Sided, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Sided. Sided is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Third-Party Websites: Any links to third-party websites, surveys, polls, or pages, are provided as a convenience to you and are neither owned nor operated by Sided. Sided has no control over these linked websites and makes no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.

11. Online Purchases and Subscriptions; No Refunds

All account purchases, product/service purchases, and subscriptions through the Sided Services or other transactions for the sale of goods, or services, or information formed through the website, or resulting from visits made by you, are governed by these Terms of Use, and any other terms provided to you by Sided, any third party billing service provider (such as Stripe), any Sided third party publisher, or provided to you by any other third party service provider relating to your use of the Sided Services.

Subscriptions: You may choose to enroll in a subscription service, in accordance with an agreed upon Master Services Agreement (“MSA”). Such subscriptions will continue and automatically renew unless canceled, unless otherwise provided in the MSA. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.

No Refunds: All sales are final. Sided does not offer or issue any refunds, nor any money-back guarantees, nor credits, unless specifically provided for in the Pricing Agreement. You acknowledge and agree that you shall not be entitled to a refund for any purchase or subscription under any circumstances.

12. Indemnification

You shall indemnify, hold harmless, and, at Sided’s option, defend Sided and its affiliates and subsidiaries from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by Sided resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Sided Services, any User Content, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Sided Services or any of its features.

13. General Disclaimers

The Sided Services and the Content are provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, Sided does not make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (A) the Sided Services; (B) Content; (C) User Content; or (D) security associated with the transmission of information to or from the Sided Services.

Sided hereby disclaims all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, that any results will be achieved, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

14. Limitation of Liability; Waiver

To the fullest extent permitted by law, in no event shall Sided be liable for any indirect, special, incidental, or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access to or use of the Sided Services or otherwise related to these Terms.

To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of Sided arising out of or in any way related to the Sided Services exceed one hundred dollars ($100). The foregoing limitations shall apply even in the event your remedies hereunder fail of their essential purpose, and the foregoing shall constitute Sided’s sole liability and obligation in respect hereof.

15. Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Sided and limits the manner in which you can seek relief from us.

You and Sided agree that any dispute, claim or controversy arising out of or relating in any way to these Terms or the Sided Services shall be finally decided by binding arbitration under the Rules of the American Arbitration Association governing consumer disputes.

You and Sided agree that any in-person arbitral hearing would occur in San Diego, California, in the United States. Sided further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association.

You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Sided are each waiving the right to a trial by jury and/or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the Sided Services.

16. Class Action Waiver

Regardless of the forum, you and Sided agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

17. Termination

Notwithstanding anything contained in these Terms, Sided reserves the right, without notice and in its sole discretion, to terminate your right to access or use the Sided Services at any time and for any or no reason, and you acknowledge and agree that in such event Sided shall have no liability or obligation to you.

18. Governing Law and Jurisdiction

Sided operates the Sided Services from Delaware, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement, shall be governed by the laws of the State of Delaware, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions.

19. Notice

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Sided at the following contact: support@sided.co.

Any notices to you may be made via either e-mail or postal mail to the address in Sided’s records or via posting on the Sided Services. You agree that any notices, agreements, disclosures or other communications that Sided sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

20. Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

21. Procedure for Making Claims of Copyright Infringement

If you believe in good faith that any of the content on the Sided Services infringes your copyright, please provide Sided’s copyright agent with the following written information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Sided Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Sided’s Copyright Agent: Sided, Inc., Attn: Adam Viccaro, 4653 Carmel Mountain Road, San Diego, CA 92130 US, legal@sided.co.

22. Miscellaneous

The Sided Services are hosted in the United States of America. If you are located outside of the United States of America and you contact Sided, please be advised that any information you provide to Sided will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.

These Terms constitute the entire agreement between you and Sided relating to your access to and use of the Sided Services. These Terms, and any rights granted hereunder, may not be transferred or assigned by you without the prior written consent of Sided.