ML4industry Terms of Service
Last Updated: 20 April 2025
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "Client") and ML4industry ("ML4industry," "we," "us," or "our"), concerning your access to and use of the www.ML4industry.com website (the "Site") as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto, and the services offered by ML4industry, including but not limited to the Data Readiness Check, Targeted Insight Pilots, and potential future Continuous Insight Solutions (collectively, the "Services").
You agree that by accessing the Site and/or using the Services, you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site or Services after the date such revised Terms are posted.
2. Intellectual Property Rights
Unless otherwise indicated, the Site and the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
Except as expressly provided in these Terms, no part of the Site, the Services, the Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site and Services, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use (or internal business use related to evaluating or using our Services).
3. User Representations
By using the Site or Services, you represent and warrant that:
- All registration or submission information you provide will be true, accurate, current, and complete;
- You will maintain the accuracy of such information and promptly update such information as necessary;
- You have the legal capacity and you agree to comply with these Terms;
- You are not a minor in the jurisdiction in which you reside;
- You will not access the Site or Services through automated or non-human means;
- You will not use the Site or Services for any illegal or unauthorized purpose;
- Your use of the Site or Services will not violate any applicable law or regulation.
4. Service Specific Terms
(a) Service Descriptions
Detailed descriptions of specific Services (e.g., Data Readiness Check, Targeted Insight Pilot, Continuous Insight Solution), including scope, deliverables, and limitations, will be provided separately, potentially through Service Orders, Statements of Work (SOW), or specific sections of the Site. Those specific descriptions are incorporated into these Terms by reference for the applicable Service engagement.
(b) Client Data
- Ownership: You retain all ownership rights to the Operational Data you provide to us for analysis as part of the Services.
- License Grant: You grant ML4industry a limited, non-exclusive, worldwide, royalty-free license to use, process, analyze, reproduce, and display the Operational Data solely for the purpose of providing the agreed-upon Services to you.
- Responsibility: You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of the Operational Data you provide.
- Confidentiality: We will treat your Operational Data as confidential information in accordance with industry standards and our Privacy Policy.
(c) Service Output
- Ownership: You own the specific reports, dashboards, and tailored roadmaps generated specifically for you as part of the paid Services.
- License to ML4industry: ML4industry may use anonymized, aggregated data for improving its algorithms and services.
- No Guarantee: While we strive to provide valuable insights, ML4industry does not guarantee specific outcomes or prediction accuracy levels.
(d) Fees and Payment
Fees for specific Services will be outlined in separate agreements, quotes, or on the Site. Payment terms will be specified therein. Failure to pay fees may result in suspension or termination of Services.
5. Prohibited Activities
You may not access or use the Site or Services for any purpose other than that for which we make the Site and Services available. As a user, you agree not to:
- Systematically retrieve data or content without permission
- Use the Site or Services to advertise unrelated goods and services
- Circumvent or disable security features
- Engage in unauthorized framing or linking
- Attempt to impersonate another user or person
- Harass, abuse, or harm others
- Use the Site or Services to compete with us
- Attempt to bypass access restrictions
- Harass our employees or agents
- Upload harmful material or interfere with site operation
- Use the Site or Services in violation of applicable laws
6. Term and Termination
These Terms shall remain in full force and effect while you use the Site or Services. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services to any person for any reason or for no reason.
Provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
7. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site or descriptions of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Site and Services will be available at all times and we will not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance.
8. Governing Law
These Terms and your use of the Site and Services are governed by and construed in accordance with the laws of New Zealand applicable to agreements made and to be entirely performed within New Zealand, without regard to its conflict of law principles.
9. Dispute Resolution
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms, the parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration or court action. Such informal negotiations commence upon written notice from one party to the other.
10. Disclaimer
THE SITE AND THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE SERVICES AND YOUR USE THEREOF.
11. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.
12. Indemnification
You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of your use of the Site or Services or your violation of these Terms.
13. Miscellaneous
These Terms constitute the entire agreement between you and us. Our failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms operate to the fullest extent permissible by law.
14. Contact Us
If you have any questions about these Terms, please contact us at:
ML4industry
Auckland - New Zealand
Email: Rik@ML4industry.com
Website: www.ML4industry.com