Welcome! Sixty AI, Inc ("Sixty AI," "we," "our" or "us") is excited that you're visiting. While you're here, please review the following terms and conditions ("Agreement"), which clarify our relationship and govern your use of our website ("Site") and our Sixty.app productivity tools (including any data or content available through such technology) and other services (collectively, including the Site, "Services"). Please read this Agreement carefully. By accessing or using the Services, you agree to the terms and conditions of this Agreement.
Please also read our Privacy Statement, which along with any additional terms you agree to pursuant to this Agreement or by turning on specific features, are included as part of this Agreement. If you do not agree to this Agreement, you do not have any right to use the Services. We may modify this Agreement at any time by posting a notice on the Services, or by sending you an email. You will be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the modified terms. If at any time you do not agree to this Agreement, you must terminate your use of the Services. You will still remain liable for any obligations incurred or charges accrued on or before the date of termination.
1. ACCESS TO SERVICES
Subject to the terms and conditions of this Agreement, we will provide the Services, solely for you and your authorized employee and independent contractor end users ("Authorized Users"). Services may include the offering of any materials displayed or performed on the Site and related features (including text, data, software, graphics, photographs, images, illustrations, audio clips and video clips). We may change, suspend or discontinue the Services for any reason, at any time, including the availability of any feature or content. We may also restrict your access to parts or all of the Services without notice or liability.
You represent and warrant to us that if you are an individual (i.e., not a corporation) you are at least 18 years of age, and you are legally permitted to use the Services. If you are entering into this Agreement on behalf of an entity, you represent and warrant that you have the authority to bind such entity to this Agreement, in which case the terms "you" or "your" will refer to such entity. This Agreement is void where prohibited by law, and the right to use the Services is revoked in such jurisdictions. We will use commercially reasonable efforts to ensure that the Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades, and emergency repairs, or due to failure of telecommunications links and equipment. We will take reasonable steps to minimize such disruption where it is within our reasonable control. We will not be liable in any event to you or any other party for any suspension, modification, discontinuance, or lack of availability of the Services, your Data (defined below), or other content.
2. INTELLECTUAL PROPERTY RIGHTS
As between you and us, we (or its licensors) are the sole and exclusive owner, and will retain all right, title, and interest in and to the Services. You will not copy or store any portion of the Services other than for your personal, noncommercial use, without prior written permission from us, or from the copyright holder. All trademarks, service marks, and trade names that appear on the Services are proprietary to us or third parties. You will abide by all copyright notices and restrictions contained in the Services. Subject to the terms and conditions of this Agreement, we grant you and your Authorized Users a nonexclusive, nontransferable right (without right to sublicense) to access and use the Services, solely for your and your Authorized Users' internal business purposes. Except as provided in this Section, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Services in whole or in part. Additionally, you will not attempt to circumvent any of our technical measures, or decompile, reverse engineer, or disassemble the Services.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. We may also terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you think anyone has posted material to the Services that violates any copyrights or other intellectual property right, then you can notify us via email at firstname.lastname@example.org or via mail at Attn: Legal, 2210 W. Main St, Ste 107-407, Battle Ground, WA 98604. Upon receipt of such complaint, we may take whatever action, in our sole discretion, we deem appropriate, in accordance with applicable law (including with the safe harbor provisions of the DMCA).
Please see 17 U.S.C. §512(c)(3) for notification requirements under the DMCA. We may give notice of a claim of copyright infringement to users by means of a general notice on the Services, electronic mail or by written communication.
4. USE ON YOUR MOBILE DEVICE
Use of the Services may be available through our mobile application ("Mobile App") made available for download and installation on compatible mobile devices. The Mobile App may not be available for and may not properly function with all mobile devices or telecommunication providers. You are solely responsible for any mobile charges, including data or network charges, you may incur from your service provider(s) for using the Services. If you chose to access and use the Services through the Mobile App, we grant you a non-exclusive, non-transferrable license to download, install, and use a single copy of the Mobile App on your personal mobile device to access and use the Services solely as set forth in this Agreement. The Mobile App is licensed to you, not sold.
5. CONSENT TO USE OF DATA
We may access data (e.g., email, contacts list, and calendars) and activities related to such data ("Data") in connection with your use of the Services. You grant us a limited non-exclusive, royalty-free, transferrable license to use, modify, and reproduce the Data as needed to provide and improve the Services. You represent and warrant that: (i) you own all right, title, and interest or possess sufficient license rights to the Data as necessary to permit the use contemplated under this Agreement; and (ii) such Data does not contain viruses, trojan horses, worms, or other computer programming routines or engines intended to detrimentally interfere with any system, data or information, or cause damage to our systems or its users in any way.
You agree that we may collect, use, and/or store Data as described in our Privacy Statement to provide and improve the Services. We treat personally identifiable information or data that could be used to identify an individual ("Personal Data") differently than general Data, as further described in our Privacy Statement. If you disclose any Personal Data in connection with your use of the Services, you represent and warrant that: (i) you comply with all applicable laws relating to the collection, use, and disclosure of such Personal Data; (ii) you have made all required notifications and obtained all required consents and authorizations relating to the disclosure of such Personal Data to us; and (iii) you are responsible for assessing whether or not the Services are appropriate for your use with respect to your obligations under any applicable laws or regulations.
We reserve the right to remove any Data from the Services at any time, for any reason or for no reason at all, though we will make commercially reasonable efforts to alert you of such actions as soon as practicable. We may, but are not obligated to, monitor Data and remove any Data or content, or prohibit any use of the Services, if we believe in our sole discretion such content or use may be (or is alleged to be) in violation of this Agreement or any applicable laws or may impact delivery. We do not assume liability for any Data.
6. SUBMISSIONS; FEEDBACK
Where we have specifically invited or requested submissions or comments (e.g. user comments via support and feedback tickets) through the Services, we encourage you to submit such content for consideration ("User Submissions"). User Submissions remain the property of the submitting party. By submitting content on the Services, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt publish, translate, create derivative works from, distribute, perform, and display such content and your name, voice, and/or likeness as contained in your User Submission, in any form throughout the world in any media or technology, and including the right to sublicense such rights. Any such User Submissions are deemed non-confidential.
For any feedback relating to the Services ("Feedback") that you provide us, you give us, without charge, royalties, or other obligation to you, the right to make, have made, create derivative works, use, share, and commercialize your Feedback in any way and for any purpose. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas or incur any liability as a result of any similarities that may appear in future Services or operations.
7. COMMERCIAL TERMS
As a new user of the Services, we may offer you a free trial (e.g., a 60-day trial) of the Services. We reserve the right to stop offering free trials to new users at any time. Besides any such free trials, we charge fees to access and use the Services. Fees for the Services are posted on the Site, and you may elect to pay the Fees on a monthly or annual basis depending on your subscription. You agree to pay the fees in advance of using the Services for the applicable month or year, and the fees are due as follows: (i) for monthly subscriptions, each month on the same (or closest) date as the day you made your first payment; (ii) for annual subscriptions, each year on the same (or closest) date as the day you made your first payment; or (iii) as otherwise mutually agreed. We reserve the right to change fees at any time by posting an update to the Services or notifying you by email. You are responsible for payment of all applicable fees.
You agree to provide valid and accurate credit card information and payment details ("Payment Method") and authorize us to deduct the fees against the Payment Method provided. If you are using a credit card, you represent and warrant you are authorized to use that credit card, and that any and all charges may be billed to that credit card and won't be rejected.
We may suspend or cancel your access to the Services if, after one or more attempts, we are unable to successfully charge your Payment Method. You remain responsible for any amounts (including applicable charges) you fail to pay in connection with your access and use of the Services.
We may offer you the ability to pause your subscription for a period of time, during which time you will not have access to the Services. If you do not terminate your use of the Services before the end of the pause period, billing will resume for your applicable monthly or annual subscription.
If you are using the paid portion of the Services, you will pay or reimburse us for all sales, use, excise, and all other taxes and duties related to our performance under this Agreement; excluding, however, taxes measured by our profits, overall sales, employment, and property or other taxes measured in whole or in part by the value of our assets. You will not be liable for any taxes that we fail to invoice.
We will use our best efforts to provide you with reasonable customer support and maintenance for the paid portion of the Services via e-mail. We do not guarantee that the support will be available at a certain time or that we will respond within a certain time or resolve all problems in connection therewith.
You are responsible for all of your activity in connection with the Services. You may not post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any Services user. We will not be liable for any failures in the Services or other problems which are related to your Data or any equipment or service outside of our facilities or control. You will not use any part of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will use the Services only in compliance with all applicable laws (including policies and laws related to spamming, privacy, intellectual property, consumer and child protection, obscenity, or defamation). You are responsible for determining whether the Services are suitable for you to use in light of any regulations like HIPAA, data protection laws, or other laws.
To the extent you offer products or services that in any way involve or relate to cannabis (including cultivating, manufacturing, packaging, labeling, testing, marketing, or selling cannabis or cannabis-infused or derived products), you represent and warrant as follows with respect to such offerings: (i) you are compliant under all applicable federal (except to the extent that such federal laws conflict with state, tribal, or local cannabis laws), state, tribal, local, or foreign law, including obtaining all licenses, permits, authorizations, and approval required to conduct such business in your jurisdiction; (ii) you do not market, promote or advertise such offerings in any way which targets persons under the age of 21; and (iii) you do not make any claims that the use of offerings has curative or therapeutic effects or any other health claims.
9. WARRANTY DISCLAIMER
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which end users gain access to the Services; what results you may obtain via the Services; what effects the Services may have on you; how you may interpret or use such results; or what actions you may take as a result of having been exposed to the Services. You release us from all liability for your having acquired or not acquired Services and content and results through the Services. We do not manage or control any business or individual that you may interact with through the Services, and we accept no responsibility or liability for any act or omission by such entity. You hereby waive any and all legal or equitable rights or remedies you have or may have against us with respect to acts and omissions by such entities. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and We will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. We do not guarantee that the Services will be accessible at all times or without interruption. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL PROVIDED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM: (i) USE OF THE SERVICES; (ii) DOWNLOADING INFORMATION FROM THE SERVICES; (iii) UNAUTHORIZED DISCLOSURE OF CONTENT, MATERIAL, OR DATA THROUGH THE SERVICES; AND (iv) THE INABILITY TO ACCESS OR RETRIEVE ANY DATA FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR ANY SIMILAR DESTRUCTIVE PROGRAM.
10. THIRD PARTY SITES AND SERVICES
You may gain access from the Services to third-party sites on the Internet. Third-party sites or services are not within our supervision or control. We make no representations or warranties about any third-party site or resource, and do not endorse the products or services offered by third parties. We disclaim all responsibility and liability for content on third-party websites. Third-party providers of ancillary services may require your agreement to additional or different terms prior to your use or access of their sites or services. Any such agreement will in no way modify this Agreement.
11. REGISTRATION AND SECURITY
As a condition to using Services, you and your Authorized Users may be required to supply us with certain registration information. You will provide us with accurate, complete, and updated registration information. Neither you nor your Authorized Users may share your password or login credentials with anyone. You are responsible for maintaining the confidentiality of such credentials.
If you are using the commercial version of the Services, each of your Authorized Users must create their own account, subject to any applicable seat limits and such users' compliance with this Agreement. Both you and the Authorized User are responsible for all activity under such accounts. You will immediately notify us of any suspected, unauthorized use of your or an Authorized User's account or any other breach of security you become aware of.
We reserve the right to refuse registration of, suspend or terminate any Authorized User or Authorized User account in our discretion, including in the event we reasonably believe such action is necessary to protect the security or integrity of the Services or any data thereon. We will provide advanced written notice of such suspension, if reasonably practicable.
You will indemnify and hold us, our directors, officers, employees, agents, and representatives harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Services, (ii) your violation of this Agreement, (iii) your infringement, or the infringement by any third party using your registration information, of any intellectual property, or other right of any person or entity, including but not limited to any third party claims relating to your disclosure of Personal Data to us, and (iv) the Data or any other materials provided to us.
13. APP STORES
To the extent you acquire any part of the Services from a third party application store provider ("App Store Provider"), the terms of this Section 13 apply. You agree that this Agreement is solely between you and us, and that the App Store Provider has no responsibility for the Services. For Apple, your use of the App Store must comply with the App Store Terms of Service. You acknowledge that the App Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple or the App Store Provider, and, in the case of Apple, Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, App Store Provider will have no other warranty obligation whatsoever with respect to the Services. You acknowledge that App Store Provider is not responsible for addressing any claims of you or any third party relating to the Services or your possession and use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the Services infringe that third party's intellectual property rights, App Store Provider will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. We and you acknowledge that App Store Provider, and App Store Provider's subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Services, and that, upon your acceptance of this Agreement, App Store Provider will have the right to enforce this Agreement as relates to your license of the Services against you as a third-party beneficiary thereof. You must comply with applicable third party terms of agreement when using the Services. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
14. LIMITATION OF LIABILITY
EXCEPT FOR DAMAGES AND LIABILITIES ARISING FROM: (i) A PARTY'S BREACH OF SECTION 7 (CONFIDENTIALITY); (ii) ITS VIOLATION OF APPLICABLE LAWS; (iii) ITS INDEMNIFICATION OBLIGATIONS; OR (iv) GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT; IN NO EVENT SHALL EITHER PARTY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, OR OTHER INTANGIBLES, OR IN OUR CASE, DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SERVICES, ERRORS OR OMISSIONS. OUR LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF: (A) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE THE CLAIM AROSE; OR (B) $100.00 US DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement begins on the date you first use the Services and continues as long as you access them or, in the case of subscription users, as long as you have an account. For subscription users, your account is by default set to automatically renew every month (or other agreed to term), until you decline to do so. You may terminate your use of the Services and any agreement with us at any time by closing your account; please note that you will remain liable for all Services fees for the remainder of the then current subscription term. We may also terminate or suspend any and all Services immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Paying users will have a sixty day money back guarantee; otherwise, all fees paid hereunder are non-refundable, unless otherwise required by law. Upon any such termination, your right to use the Services and access Data through the Services will immediately cease. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
Please review our Privacy Statement, which governs our use of Personal Data.
17. CHOICE OF LAW; JURISDICTION
This Agreement will be governed by and construed in accordance with the laws of the State of Washington, excluding its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of this Agreement will be finally settled by the state and federal courts located in King County, Washington. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
This Agreement is not assignable, transferable, or sublicensable by you except with our prior written consent. We may transfer, assign or delegate this Agreement and any or all of its rights and obligations without consent.
If you are purchasing paid Services, we may request and with your consent, we may publicly disclose in writing that you purchased Services and may use your trademarks, service marks or trade name solely in connection with such disclosures.
This Agreement (including the Privacy Statement) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority to bind us in any respect whatsoever.
Any notice that is required or permitted by this Agreement will be in writing and will be deemed effective upon receipt, when sent by confirmed e-mail, if to you, at the email address you provide with your account, and if to us, to email@example.com or when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to:
Sixty AI, Inc
1355 NW Everett St
Portland, OR 97229
Last revised on 13th June 2023, effective as of 27th June 2023.