Terms of Service

These Terms of Service ("Terms") govern your use of the services provided by Heimdall ("the Company"). By using our services, you agree to be bound by these Terms. If you do not agree with these Terms, you may not use our services.

Acceptance of Terms

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

These Terms constitute a legally binding agreement between you and the Company. If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Service Description

The Company provides a cloud-based data and machine learning platform ("the Service") including Data Warehouse products (Lake, Lab), Data Intelligence products (ML, Forecast, Loop), APIs, and related documentation to end users ("Users") who voluntarily choose to use it for their own purposes.

The Service offered by the Company does not promise any specific benefits or outcomes to the Users. The Company makes no guarantees regarding the functionality, performance, or results of the Service.

User Responsibilities

Users are solely responsible for their use of the Service and any consequences that may arise from such use.

Users shall comply with all applicable laws and regulations while using the Service.

Limitation of Liability

The Company and its affiliated entities, as well as their respective directors, officers, employees, agents, and representatives, shall not be liable for any damages, losses, or liabilities arising out of or in connection with the use or inability to use the Service, including but not limited to direct, indirect, incidental, special, consequential, or punitive damages.

This limitation of liability applies to any claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if the Company has been advised of the possibility of such damages.

Indemnification

Users agree to indemnify, defend, and hold the Company and its affiliated entities, as well as their respective directors, officers, employees, agents, and representatives, harmless from and against any claims, actions, demands, liabilities, costs, or expenses arising out of or in connection with the User's use of the Service.

Intellectual Property

The Service and all related intellectual property rights are owned by the Company. Users are granted a limited, non-exclusive, non-transferable right to use the Service solely for their own personal purposes.

Users shall not copy, modify, distribute, sell, or lease any part of the Service or its underlying technology without the prior written consent of the Company.

Termination

The Company may terminate or suspend a User's access to the Service at any time and for any reason without prior notice or liability.

Upon termination, Users shall cease all use of the Service and any licenses or rights granted to them under these Terms shall immediately terminate.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States of America. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the United States of America.

Modifications to the Terms

The Company reserves the right to modify these Terms at any time. Any modifications will be effective immediately upon posting the updated Terms on the Company's website. Users are responsible for reviewing the Terms periodically to stay informed of any changes.

Machine Learning and Errors

The Service provided by the Company may utilize machine learning algorithms and technologies that are designed to analyze and process data. However, due to the inherent nature of machine learning, errors or inaccuracies may occur in the Service's outputs, recommendations, or predictions.

Users acknowledge and agree that the Company does not warrant the accuracy, completeness, or reliability of the Service, including any results generated by the Service.

Users understand and accept that machine learning algorithms are based on statistical models and are subject to inherent limitations. Therefore, the Company shall not be held responsible for any errors, omissions, delays, or losses resulting from the use of the Service.

Disclaimer of Liability for Errors or Loss

The Company and its affiliated entities, as well as their respective directors, officers, employees, agents, and representatives, shall not be liable for any errors, mistakes, inaccuracies, or losses arising out of or in connection with the use of the Service, including any reliance placed on the Service or its outputs.

Users expressly acknowledge and agree that they use the Service at their own risk. The Company shall not be responsible for any direct, indirect, incidental, special, consequential, or punitive damages, or any other damages of any kind, including but not limited to financial losses, arising out of or in connection with the use or reliance on the Service, even if the Company has been advised of the possibility of such damages.

Users acknowledge that the Service is provided on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability

In no event shall the aggregate liability of the Company and its affiliated entities, as well as their respective directors, officers, employees, agents, and representatives, arising out of or in connection with the Service exceed the amount paid by the User, if any, for accessing the Service during the twelve (12) months preceding the claim.

The limitations of liability set forth in these Terms shall apply to the fullest extent permitted by applicable law.

By continuing to use our services, you acknowledge and agree to the additional clauses addressing machine learning errors and the disclaimer of liability for any resulting loss.