Terms of Service

Marketplace Terms for Digital Products

These Terms govern the use of the online digital services marketplace operated by unloved AI (the “Company”). By accessing or using the Services, you (the “User”) shall be bound by these Terms.

1. Information on the Website

The Company shall have no liability for any information published on or accessible through the Website. The User shall not rely on any such information to make decisions. Any losses arising from information on the Website shall be at the User’s sole risk, and the Company shall have no liability for such losses.

2. Data Collection and International Transfers

The Company shall store traffic data, usage data and other User Data to conduct its business. Any communications made on the Platform shall be transmitted to other countries as part of the operation of the Services. The User acknowledges and consents to cross-border transmission and processing of communications and data.

3. Data Security and Hosting

The Services shall be hosted on GDPR-compliant servers. The Company shall implement and maintain appropriate technical and organizational measures to protect personal data in accordance with applicable data protection laws.

4. California Data Protection Notice

The Company shall comply with applicable California data protection laws. The California Data Protection Notice is available on the Website, and the Data Protection Officer contact is dpo@unlovedai.com.

5. Termination

The Company shall have the right to terminate any User’s access to the Services at any time for any reason or for no reason, with or without notice, and without liability to the User.

6. Amendments to Terms

The Company may update or modify these Terms from time to time without notice. The Company shall endeavour to provide reasonable notice of material changes, but may not always do so. Updates shall become effective upon posting on the Website or within the Services, and continued use of the Services shall constitute acceptance of such changes.

7. No Guarantee of Continuity

The Company makes no guarantee of uninterrupted or error-free operation of the Services. Availability may be affected by factors outside the Company’s control, and the Company shall have no liability for any unavailability or interruptions.

8. Apps and Third-Party Content

Apps listed on the Website shall be for basic functionality verified by the Company. The Company shall not be liable for the accuracy, completeness, or reliability of information or claims presented by such apps. Any such claims are the sole responsibility of the person or entity making them, and not the Company.

9. Claims and Endorsements

Claims made on the Website or via the Platform are the claims of the individuals or entities making them and not the Company’s own claims or endorsements. The Company does not verify or warrant such third-party claims.

10. Identity Verification

The Company shall have the right to verify the User’s identity as a condition to continued use of the Services. The User shall provide such information as the Company reasonably requests to verify identity.

11. Suspension of Service

The Company may suspend the Services at any time in its sole discretion, with or without notice, including for security, compliance or other concerns. During suspension, access to the Services shall be restricted or terminated as the Company determines.

12. Marketing Communications

The Company may use the User’s email address for marketing purposes within the Organisation. The Company shall not share the User’s email address outside the Organisation. The User shall have the ability to opt out of marketing communications via the User Dashboard.

13. Dispute Resolution and Governing Law

All disputes arising out of or in connection with these Terms shall be resolved by binding arbitration in London. The arbitration shall be conducted under the rules of the London Court of International Arbitration (LCIA) or any other agreed arbitration body. The seat of arbitration shall be London, and the governing law shall be English law. The language of arbitration shall be English. This clause constitutes the sole and exclusive remedy for disputes that would otherwise be resolved in court, to the extent permitted by law.

14. Severability and Joint and Several Obligations

Each term shall be construed as a binding obligation on the User. If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. The terms shall be read as joint and severable; the rights and obligations of the User and the Company shall survive to the extent permissible by law.

15. Damages, Costs and Litigation

If the User brings any claim against the Company, the User shall be liable to reimburse the Company for its damages and reasonable costs of litigation and legal fees to the extent permitted by law.

16. Buyer Due Diligence and Information Accuracy

Buyers shall be responsible for their own due diligence prior to buying or using services through the Platform. The Company shall not be responsible for the accuracy of information or claims presented by third parties on the Platform, and shall not be liable for any reliance by the User on such information or claims.

17. Assignment and Transfer

The Company shall have the right to transfer or assign this Agreement to an affiliated entity or to any other entity without notice. The User shall be bound by any such assignment.

18. Modifications to the Contract

The Company shall have the right to edit or modify these Terms at any time and without notice. Updates shall become effective upon posting on the Website. The User shall be bound by any modified Terms by continuing to use the Services.

19. Miscellaneous Boilerplate Provisions

Entire Agreement. This Agreement constitutes the entire agreement between the User and the Company relating to the Services and supersedes all prior agreements or representations, whether written or oral.

Notices. All notices shall be in writing and shall be delivered in accordance with the methods posted on the Website.

Force Majeure. Neither party shall be liable for delays or failures to perform caused by events beyond its reasonable control.

No Waiver. A failure or delay by either party to exercise a right or remedy shall not constitute a waiver of such right or remedy.

Assignment. The User shall not assign its rights under this Agreement without the Company’s prior written consent. The Company may assign its rights and obligations to an affiliated entity or any other entity without notice.

Export Controls. The User shall comply with all applicable export control laws and regulations.

Language. These Terms shall be construed in English. In the event of any inconsistency with translations, the English text shall prevail.

Indemnity. The User shall indemnify, defend and hold harmless the Company and its officers, directors, employees, agents and contractors from and against any claims, damages, losses or liabilities arising out of the User’s use of the Services, breach of these Terms or violation of law.

Limitation of Liability. To the maximum extent permitted by applicable law, the Company’s aggregate liability to the User for any direct damages arising out of or related to the Services shall be limited to the total amount paid by the User for the Services in the twelve (12) months preceding the event giving rise to the claim, or such other amount as may be specified in a separate written agreement between the parties, whichever is greater. In no event shall the Company be liable for indirect, incidental, special, consequential, punitive damages or any loss of profits, revenue, data or use.

Governing Law and Jurisdiction. Notwithstanding the arbitration clause above, the Company reserves the right to seek injunctive relief or other equitable remedies in the courts of London, England, as necessary to protect its rights, including intellectual property and confidential information.

Contact for California Data Protection Notice: dpo@unlovedai.com