Terms and Conditions

GOMBOC.AI Terms of Service

‍

1. Agreement and Acceptance of Terms

‍

Description of Services

‍

Gomboc.AI Inc. is a platform that identifies security issues and potential gaps with a customer’s cloud systems and configuration and issues recommendations to resolve such security issues and gaps.  

‍

PLEASE READ THIS AGREEMENT AND PRIVACY POLICY CAREFULLY.  

‍

Agreement

These Terms of Service (“Terms of Service” or “Terms”) and our privacy policy (“Privacy Policy” (collectively, this “Agreement”), govern your access and use of the Gomboc website  http://www.gomboc.ai (the “Website”) and any other services made available by Gomboc from time to time (collectively, the “Services”). The Services are owned and operated by Gomboc.AI (“Gomboc,” “we,” “us,” or “our”).

‍

Changes

We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated date.  In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for notice of any changes.  Your continued use of the Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to these Terms, you should stop using the Services immediately.

‍

Disclaimers

GOMBOC IS NOT RESPONSIBLE FOR AND CANNOT GUARANTEE THE ACCURACY OR TIMELINESS OF ANY CONFIGURATION OR RECOMMENDATION ADVICE THAT YOU RECEIVE FROM THE GOMBOC SOFTWARE  While the Services are intended to provide remediation guidance and recommendations to our customers, it is up to your business and employees to implement or disregard any suggested changes.   

Eligibility

To use the Services, you represent and warrant that you: (a) are at least 18 years of age, and (b) you have not previously been removed from the Services by us.  You may not use the Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws or any person or entity’s rights (including but not limited to copyright laws and rights of publicity). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

‍

Acceptance

This Agreement contains the complete terms and conditions that govern your use of the Services. BY CLICKING THE "I AGREE" BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.

‍

THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE AN AGREEMENT TO ARBITRATE IN SECTION 11, A JURY TRIAL WAIVER AND CLASS ACTION WAIVER. By using the Services or accepting these Terms, you accept and agree to be bound and abide by these Terms and our Privacy Policy. If you do not agree to this Agreement, please do not use the Services.

‍

2. Your Privacy

Our Privacy Policy explains what information may be collected through the Services, how that information may be used and/or shared with others, how we safeguard that information, and how you may access or control its use in connection with our marketing communications and business activities.  

‍

Electronic Communications

By providing your email to enroll for use of our Services, you consent to receive all notices and information regarding our Services and other offerings electronically. Electronic communications may be posted on our Website and/or delivered to your registered e-mail address. All communications in electronic format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you end your relationship with Gomboc. It is your responsibility to provide us with true, accurate and complete e-mail addresses, contact and other information related to this disclosure and to maintain and update promptly any changes in this information. You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change the terms and conditions on which we provide electronic communications and will provide you notice thereof in accordance with applicable law.

‍

3. Intellectual Property Rights

The Services are owned and operated by Gomboc.  By registering for our newsletter (“Account”) or by otherwise using the Services, you agree that all content, trademarks, and other proprietary materials and/or information on the Services, including, without limitation, Gomboc’s logos, visual interfaces, graphics, design, specifications, compilation, information, software, computer code (including source code or object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement thereof and all other materials (collectively, the “Gomboc Content”) are protected by copyright, trademark, patent, trade secret, and other laws, and, as between you and Gomboc (and/or third-party licensors), Gomboc owns and retains all rights, title, and interest in the Gomboc Content and the Services.  

Unless otherwise expressly stated in writing by us, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to access and use the Services for your own personal use only, provided that, you acknowledge and agree that you do not acquire any ownership rights in or to the Services and/or the Gomboc Content or any Service Marks by accessing or otherwise using the Services.  The license granted to you herein may be terminated by Gomboc at any time, in its sole discretion.  All rights not expressly granted in this Agreement are hereby expressly reserved by Gomboc.

‍

You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Gomboc Content. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Gomboc Content displayed on the Services, and you will not reproduce, modify, adapt, prepare derivative works from, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any of the Gomboc Content without the written permission of Gomboc or such third party that may own any Service Marks displayed on the Services.

4. Trademarks

All trademarks, logos, and service marks (collectively, the “Service Marks”) are the exclusive property of Gomboc (and/or third-party licensors) or other third parties.  Nothing in these Terms grants you a license to use any of the Service Marks or any of the Gomboc trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. 

‍

5. User Prohibitions

When you use the Services, you acknowledge and agree that:

• You will abide by these Terms and any applicable organizational policies and procedures.
• You will not: (i) reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from, the Services; (ii) modify, translate, adapt, alter, or create derivative works from the Services; (iii) copy, distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Services; or (iv) distribute, sublicense, rent, lease, loan or grant any third party access to or use of the Services to anyone.  
• You are solely responsible for obtaining and maintaining all telephone, computer hardware, software, accessories, and other equipment needed for you to access and to use the Services.
• You will not impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Services; or perform any other similar fraudulent activity.

• You will not use the Services for any harmful, illegal, nefarious, or untoward purpose including to harass, bully, or threaten any other user on or through our Services.

‍

• You will not use or attempt to use any cheats, bots, automation software, hacks, or any third-party software designed to interfere with the Services.
• You must not stream, broadcast or post or otherwise use information via the Services that may lead to violations of data privacy laws or other harmful violations of personal identity or privacy, including, without limitation, your or any other person’s credit card information, non-public phone numbers, or non-public e-mail addresses. 
• You will not interfere or disrupt the Services or its servers or networks connected to the Services including by transmitting any worms, viruses, spyware, malware, malicious code, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with how any Gomboc page is rendered or displayed in a browser or on a device.
• You will not crawl, scrape, cache, or otherwise access any content or information on the Services via automated means.
• You will not create an Account through any unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, or scraper. Should you use any automatic, macro, program, or similar method, or otherwise commit fraud with regard to the Services, Gomboc reserves the right to pursue legal action against you. 
• You will not use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
• You will not post or share any Prohibited Content, as described below.

We reserve the right to refuse access to the Services to you, for any reason at any time, at our sole discretion.

6. Reliance on Information Posted

We are not responsible if information made available on the Services is not accurate, complete or current. The material on the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  Any reliance on the material on this Website is at your own risk.  The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of these Services at any time, but we have no obligation to update any information on our Services. You agree that it is your responsibility to monitor changes to our Services.  

7.  Geographic Restrictions

‍

The owner of these Services are based in the United States.  We provide the Services for use only by persons located in the United States.  We make no claims that the Services or any of its content is accessible or appropriate outside of the United States.  Access to the Services may not be legal by certain persons or in certain countries.  If you access the Services outside the United States, you do so on your own initiative and are responsible for compliance with local laws.  

‍

8.  Disclaimer of Warranties

‍

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOMBOC AND ITS SUBSIDIARIES, AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AND LICENSEES (THE “GOMBOC PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.

THE GOMBOC PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF THE SERVICES, ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (E) YOUR INFORMATION CREATED THROUGH THE SERVICES, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST; OR (F) ANY ERRORS WILL BE CORRECTED.

THE GOMBOC PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM THE SERVICES. 

9.  Limitation of Liability

UNDER NO CIRCUMSTANCES WILL THE GOMBOC PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE GOMBOC PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (F) ANY DAMAGE TO ANY OTHER USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FORESEEABLE OR EVEN IF THE GOMBOC PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL THE GOMBOC PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  NOTWITHSTANDING THE FOREGOING, IF THE GOMBOC PARTIES ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, IN NO EVENT WILL THE GOMBOC PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TWO HUNDRED UNITED STATES DOLLARS ($200.00). 

GOMBOC IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE GOMBOC PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. 

10.  Indemnification

You agree to defend, indemnify and hold the Gomboc Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected to your use or misuse of the Services or with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (a) your breach or alleged breach of these Terms of Service; (b) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) any misrepresentation made by you; or (e) your breach or alleged breach of the representation and warranties set forth in these Terms of Service. Gomboc reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Gomboc.

11.   Arbitration

‍

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE SERVICES, THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION RATHER THAN A COURT IN NEW YORK CITY, NEW YORK BEFORE A SOLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO STREAMLINED ARBITRATION RULES AND PROCEDURES, AND THE ARBITRATOR SHALL APPLY THE LAWS APPLICABLE IN THE STATE OF NEW YORK. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION AS SPECIFIED ABOVE UNDER “GOVERNING LAW AND VENUE.” THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING INJUNCTIONS OR OTHER FORMS OF EQUITABLE RELIEF OR PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. YOU AGREE THAT ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. IN ANY ARBITRATION, THE ARBITRATOR MAY, IN THE AWARD, ALLOCATE ALL OR PART OF THE COSTS OF THE ARBITRATION, INCLUDING THE FEES OF THE ARBITRATOR AND THE REASONABLE ATTORNEYS’ FEES OF THE PREVAILING PARTY, AND SHALL DETERMINE THE PREVAILING PARTY FOR THIS PURPOSE.

‍

12.  General Provisions

‍

Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Notwithstanding the foregoing, the Arbitration Agreement in Section 11 above shall be governed by the Federal Arbitration Act.  All claims arising out of or relating to this Agreement, to the Services, or to your relationship with Gomboc that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of New York County, State of New York.   You and Gomboc consent to the exercise of personal jurisdiction of courts in the State of New York and waive any claim that such courts constitute an inconvenient forum.

‍

Waiver and Severability

Any waiver of any provision of this Agreement will be effective only if in writing and signed by or on behalf of Gomboc. No failure or delay by Gomboc in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.  This provision will survive the termination of any and all of your transactions with Gomboc.  Unless otherwise expressly provided herein, the invalidity or enforceability of any provision of these Terms will not affect the validity or enforcement of any other provision, all of which remain in full force and effect.

‍

Assignment

Gomboc may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.

‍

Entire Agreement

This Agreement (which includes these Terms of Service, our Privacy Policy and any other Gomboc terms that govern your use of Services), constitutes the entire agreement between you and Gomboc.

.  

13.  Comments and Concerns

These Services are operated by Gomboc.ai Offices, 500 7^th Ave, New York, NY 10018.  All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: info@gomboc.ai

‍

‍