Cozeva^TM Website Terms of Use

These Website Terms of Use (“Terms of Use”) is a legally binding agreement between you and Applied Research Works, Inc., and its affiliated entities (collectively, “Cozeva,” “we,” “us,” and “our”) regarding your use of our Website and other interactions you have with us through this website (collectively, our “Website”). The terms “user”, “you”, and “your” refer to you, a user/visitor to our Website. Your use of this Website means that you have read, understand, and agree to these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE WEBSITE TERMS OF USE, INCLUDING WITHOUT LIMITATION THE ARBITRATION AGREEMENT, THEN YOU MUST NOT USE OR MUST STOP USING THIS WEBSITE IMMEDIATELY.

These Terms of Use do not apply to your use of our proprietary products, platform(s) and related services (collectively, the “Platform”), which are subject to their own end user licensing agreements and terms of use. For more information about the terms and conditions that apply to the use of our Platform, please refer to the End User Licensing Agreement (“EULA”), which is accessible through the Platform. You can also obtain a copy of the EULA by contacting us at support@cozeva.com. 

These Terms of Use cover the following topics:

• About this Website and its Audience
• Prohibited Uses of this Website
• Website Privacy Policy and Security
• Third-Party Links and Content
• User Submissions and Feedback
• Artificial intelligence (AI)
• ADDITIONAL DISCLAIMERS, LIMITATIONS OF LIABILITY, JURY WAIVER, AND CLASS ACTION WAIVER
• Indemnification
• Intellectual Property Rights
• Term and Termination
• Changes to these Terms of Use
• Electronic Communications, Transactions and Signatures
• Monitoring
• Non-Export
• Governing Law and Jurisdiction
• Arbitration Agreement
• Digital Millenium Copyright Act
• Miscellaneous Terms
• Contact Information

Artificial intelligence (AI)

We may update our Website over time to incorporate artificial intelligence (AI) capabilities. We may provide you with additional information, notices or disclaimers regarding such AI capabilities and, if required by applicable law, any rights you may have with respect to our use of certain AI capabilities. You agree we may, in our sole discretion, decide whether to use AI capabilities and may modify or discontinue our use of AI capabilities at any time. 

To the extent we make any AI tool available directly to you through the Website, you are responsible for all information and data you may input into the AI tools (collectively, “AI Input”). You represent and warrant that you have all rights, licenses, and permissions required to share your AI Input with us. We cannot guarantee the accuracy, completeness, or timeliness of the information or output generated by the AI tools, including without limitation any AI output that is generated in connection with information or data that you may input on the Website or in connection with the Website (collectively, “AI-Generated Content”). AI-Generated Content must not be used as a substitute for professional advice. You must verify the AI-Generated Content and consult appropriate professionals for specific advice or information. We suggest that you do so before making any decision based on such AI-Generated Content. WE DO NOT ASSUME, AND WE SPECIFICALLY DISCLAIM, ANY RESPONSIBILITY OR LIABILITY DAMAGES OR LOSSES RESULTING FROM YOUR USE OR INTERPRETATION OF THIS AI-GENERATED CONTENT. ANY ACTIONS THAT YOU TAKE BASED ON AI-GENERATED CONTENT ARE AT YOUR OWN RISK. Additionally, the AI-Generated Content is not intended to be offensive or discriminatory. If you find any AI-Generated Content that is offensive or discriminatory, please report it to us.

To the extent the Website may use AI, you acknowledge and agree that we may process and store your AI Input, AI-Generated Content, personal information, and derivatives thereof in accordance with our Website Privacy Policy. You further acknowledge and agree that we, to the extent permitted by applicable law, retain all ownership in and use of AI-Generated Content, and you will only use AI-Generated Content for your own personal use. 

IN ADDITION TO ALL DISCLAIMERS AND LIMITATIONS INCLUDED IN THESE TERMS, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ANY AI CAPABILITIES OR TOOLS, OR THE INFORMATION, TEXT, AND CONTENT INCLUDED IN THE AI-GENERATED CONTENT, OR THE USE OF AI-GENERATED CONTENT, INCLUDING WITHOUT LIMITATION, ACCURACY OF THE RESULTS, AVAILABILITY, SUITABILITY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE AI CAPABILITIES. WE WILL HAVE NO LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM CUSTOMER’S USE OF THE AI-GENERATED CONTENT OR ANY ERRORS OR OMISSIONS CONTAINED IN THE AI-GENERATED CONTENT.

Intellectual Property Rights

Cozeva is a registered trademark in the United States. Cozeva and all content and other materials on this Website, including without limitation all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of Cozeva (collectively, “Cozeva Content”). Other logos and products and company names mentioned on this Website may be the trademarks of their respective owners.

You are granted a limited, nonexclusive, nontransferable, revocable license only to use the Cozeva Content strictly for informational, personal, and non-commercial purposes, subject to the restrictions provided in these Terms of Use.

Term and Termination

These Terms of Use are effective immediately between you and us upon your use of the Website. The then-current version of these Terms of Use will remain in full force and effect while you use this Website. Your request and ability to access and use this Website is not guaranteed. Cozeva may deny you access to this Website without notice for any reason or no reason. Rights and obligations which by their nature should survive will remain in full force and effect following termination or expiration of these Terms of Use, including without limitation all disclaimers, limitations on liability, class action waiver, and indemnification.

Changes to these Terms of Use

We may change these Terms of Use at any time and for any reason. You can access the most current version of these Terms of Use that apply to your use of this Website through this Website. You can also contact us for a copy.

Unless otherwise specified by us, all changes will be effective upon being updated on this Website. You should look at these Terms of Use on a regular basis. The “Effective Date” is posted at the top of these Terms of Use. You agree to any changes by using this Website after the changes become effective. If you do not agree to the changes, you must stop using this Website.

We may also notify you of major changes by a contact information you provide to us. By agreeing to these Terms of Use, you agree to receive such communications from us.

Electronic Communications, Transactions and Signatures

Communications made through the Website, notifications and text messages through your device’s short message service (SMS), as well as emails are all types of electronic communications. By using the Website, you agree that you may be sending and may receive electronic communications. You agree that all agreements, notices, consents, authorizations, disclosures, and other communications done electronically either through this Website, SMS (or other text messaging applications), email, or other electronic means satisfy any legal requirement that such communication be in writing. You also agree to the use of electronic signatures (including check marks / click throughs), contracts, consents, authorizations, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by or through this Website, SMS (or other text messaging applications), or email. You waive any rights or requirements under any applicable law which require an original signature, signature by name or initial, or delivery or retention of non-electronic records.

Monitoring

We reserve the right at all times to electronically record and monitor areas of our Website and may disclose any content, records, or electronic communication of any kind if required to do so by any law, regulation, or government request, if we believe that such disclosure is necessary or appropriate to operate our Website, or to protect our rights or property or those of related third parties. By using our Website, you are consenting to us recording and monitoring your activities on our Website, and we may use contractors, service providers and other third parties to assist us in recording and monitoring those activities. If you do not want your activities on our Website recorded or monitored, please do not use our Website.  

Non-Export

We control and operate the Website from our office(s) within the United States and make no representation or warranty that any Cozeva Content or Third-Party Content on the Website is appropriate or available for use in other locations or geographies, where your use and access to such content may be illegal and prohibited. Those who choose to access our Website from other locations do so on their own initiative and are responsible for compliance with all applicable local laws. Please also note that software is subject to United States export controls. No software that may be downloaded from our Website may be downloaded or otherwise exported or re-exported as follows: (1) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (2) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with U.S. export control laws and that you will not transfer any software or other content from this Website to a foreign national or foreign country in violation of those laws.

Governing Law and Jurisdiction

California law governs the interpretation of these Terms of Use and our Website Privacy Policy, and will apply if there are disputes. Except as otherwise provided in the Arbitration Agreement below, disputes will be settled in Santa Clara County, California. 

Arbitration Agreement

Any dispute concerning the Website that we are unable to resolve informally with you, including without limitation any dispute regarding the scope of this clause, and any injunctive and other equitable relief sought by you shall be resolved confidentially and exclusively through binding arbitration in Santa Clara County, California. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon Cozeva and you. Judgment on the award may be entered in any court having jurisdiction if required to enforce the award. You and Cozeva shall each pay its own legal fees and will equally share the costs of arbitration (i.e., the arbitrator’s fees and expenses, plus any administrative fees); the only exception is that should the arbitrator find that claims were asserted in bad faith, then the arbitrator(s) has the discretion to award one of us its attorneys’ fees. The arbitrator may not award damages precluded by these Terms of Use.

Digital Millenium Copyright Act

We respect others’ intellectual property rights and ask others to do the same. If our Website allows you to post content to the Website that is visible to the public, we agree to with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyright laws. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. 

If you decide to submit a notice, please include the following information in your notice:

• Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
• Your physical or electronic signature.

Please note that we may share any notices and counter-notices submitted to us with others in accordance with our Website Privacy Policy. For more information on submitting notice or counter-notice, please contact us using the contact information below. 

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Miscellaneous Terms

These Terms of Use, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Cozeva and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to this Website. You agree that you have not relied on any promises or representations by us except as set forth in these Terms of Use.

If any provision of these Terms of Use is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole, and such provisions will be deleted without affecting the remaining provisions.

Cozeva is permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms of Use without any notification or consent required. You are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Use.

Contact Information

If you have questions, please contact us at info@cozeva.com.