Last updated on 14/06/2024
This website (the “Website”) is owned by Rehabstudio LTD of Unit 12, Ormeau Business Park, 8 Cromac Avenue, Belfast, United Kingdom, BT7 2JA company registration number NI054308 (“we”, “us”, “our”, or “Rehab”). If you wish to use our Website, and any other websites, applications, features, content, software, products, and services offered through our Website(s) and their associated service platforms, including any improvements, developments, or modifications thereto (collectively the “Services”), you must first read these terms of use (“Terms”) carefully and agree to them. You may not use the Services if you do not agree to these Terms.
By using the Services, you represent and warrant, on behalf of yourself and any person or entity for whom the Services are accessed, that (i) you have read and understood these Terms and (ii) confirm your agreement to be bound by these Terms and you will be deemed to have accepted the Terms. THE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND US AND INCORPORATE OUR PRIVACY POLICY AND COOKIE POLICY.
If you do not agree to these Terms, you may not access or use the Services. We may immediately withdraw, discontinue, amend, or terminate your use of any Services or any portion thereof, at any time for any reason, at its sole discretion without notice.
You agree that we may modify the Terms without notice to you as and when we determine, and you should check for any changes on subsequent visits to the Website. You agree that any use by you of the Services following changes having been posted by us will be considered an acceptance by you of all such changes. References to clauses are (unless otherwise provided) references to the clauses of these Terms. Words in the singular include the plural, and words in the plural include the singular. A reference to a particular law is a reference to the law as it is, taking into account any amendment, extension, application, or re-enactment and includes any subordinate legislation made under it. References to “including” and “include(s)” shall be deemed to mean respectively “including without limitation” and “include(s) without limitation.”
PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH REHAB ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
ACCESS
In order to enhance user experience, you agree that we may change the structure, content, and nature of the Services at any time without notice to you. You may terminate your access to the Services by no longer accessing our Services. So long as you continue to access the Services these Terms are in effect. We may choose to stop offering the Services, any particular portion of the Services, modify, or replace any aspect of the Services at any time. In particular, you agree that we may reduce or cease providing any or all of the Services to you if we, in our sole discretion, determine that your bandwidth usage exceeds a reasonable level. We will use reasonable efforts to notify you of our termination of your access to the Services, where in our sole discretion, failure to do so would materially prejudice you. You agree that we will not be liable to you or any third party as a result of our termination of your right to use or otherwise access the Services.
Your access to the Services is free of charge, unless otherwise stipulated by us. In the event that, and to the extent that, we make no such stipulation, our fulfilment of its obligations imposed by these Terms is in consideration of your fulfilment of all obligations imposed by these Terms upon you.
PRIVACY
Our Privacy Policy sets forth how we treat data, including how we collect, use, and disclose information. By using our Services, you consent to the practices stated in our Privacy Policy.
RESTRICTIONS ON USE
You may only use the Services in accordance with these Terms, and as may be permitted by any relevant law and/or decree of any relevant regulatory body.
We specifically prohibit:
Unless otherwise agreed to by you and Rehab in writing, you shall only use the Services for your own private purposes. By way of example, you shall not copy all or part of the contents of the Services for the purpose of making those contents available to third parties without our prior written consent. You acknowledge that the Services have been created through the expenditure of substantial time, effort, and money, and constitute the valuable intellectual property of Rehab and/or or our affiliate organizations.
INTELLECTUAL PROPERTY
You hereby acknowledge that the Services and all , logos, designs, trade dress, trademarks, service marks, algorithms, source code, look-and-feel, slogans, features, and functionality therein, including but not limited to all information, inventions, algorithms, source code, computer software, methods, text, data files, displays, images, video, audio, and the design, implementation, selection, and arrangement thereof and any other proprietary data or intellectual property corresponding thereto (collectively, “Content”) are protected by copyrights, trademarks, and other forms of Intellectual Property Rights recognized and protected by national and international laws. As between us, our Content is our exclusive property. You agree to comply with all such laws as are applicable to you. We grant you a limited, non-exclusive, non-assignable, non-sublicensable right and license to use the Services for your personal use only. Any commercial use of our Services requires a separate written agreement with us.
Except as expressly permitted by these Terms, you may not copy or make any use of any part of the Services or use any such Intellectual Property Rights for any purposes. In particular you may not modify, rent, lease, loan, sell, distribute, store, publicly display, publicly perform, promote, publish, download, sublicense, license, reformat, or create derivative works based on the Content (either in whole or in part) unless you have been specifically permitted to do so by us, or by the owners of that Content, in a separate agreement.
You may not use any of the trademarks, trade names, service marks, copyrights, logos, domain names, and other distinctive brand features belonging to us or any third party unless you have valid written permission to do so. You agree not to alter, remove, or obscure any proprietary rights notices (including copyright and trademark notices) which may appear in or are held within the Services.
Some of our Services allow you to transmit and process content provided by you (“Your Content”). You retain all rights to Your Content; however, you hereby grant us a perpetual, irrevocable, non-exclusive, assignable, and sublicensable right and license to use, distribute, modify, copy, translate, create derivative works of, and otherwise exploit Your Content: (a) as necessary to provide the Services you request, (b) to promote our Services to third parties, and (c) to improve our Services.
In these Terms intellectual property rights shall mean all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, database rights, patents, patent applications, patent rights, rights in designs, trademarks, trademark applications, trademark registrations, trademark rights, trade secrets, and all other intellectual property and proprietary information rights as may exist now or hereafter come into existence, all modifications, continuations, renewals, and extensions of the foregoing, and all claims, actions, causes of action, damages, costs, expenses, profits, penalties, recoveries, and remedies relating to any past, present, or future infringement of any of the foregoing, arising under the laws of any country, state, or jurisdiction in the world.
TERM AND TERMINATION
These Terms commence on the date you access the Service and last for the duration of your use of the Services.
We may terminate our relationship with you immediately upon giving written notice to you if any of the following occurs:
Termination shall not affect any accrued rights of either you or us existing as at the date of termination. The following Sections shall remain in full force and effect notwithstanding termination of these Terms: Privacy, Intellectual Property, Term and Termination, Exclusion and Limitation of Liability, Third Party Software & AI, Audit, General, and Arbitration, Law, and Jurisdiction.
EXCLUSION AND LIMITATION OF LIABILITY
Nothing in these Terms, including this Section, shall exclude or limit any warranty or liability which may not be lawfully excluded or limited by applicable law, including liability for fraud or for death or personal injury caused by its negligence. Because we are allowing you to use the Services free of charge, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us except what is specifically stated in these Terms (any implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement are expressly disclaimed). Any condition, warranty, representation or other term concerning the supply of the Services which might otherwise be implied into or incorporated in these Terms, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
You expressly understand and so agree that your use of the Services is at your sole risk and that the Services are provided "As Is" and "As Available".
In particular, we (including our subsidiaries, affiliates, and our licensors) do not represent or warrant to you that:
Any material downloaded or otherwise obtained or accessed through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any damage, loss, or prejudice to your computer system or other device or loss of data that results from the download or access of any such material.
No advice or information, whether oral or written, obtained by you from us or any of our subsidiaries, affiliates, officials, employees, or personnel, or through or from the Services shall create any warranty not expressly stated in these Terms. Whilst we obtain information for inclusion in the Services in good faith from sources which we consider to be reliable, you acknowledge that the contents of the Services are based on information supplied to us by third parties and are not independently verified by us. We shall not be under any liability whatsoever with respect to any inaccuracies or omissions in the Services, nor for any delays in updating the same. All such liability is excluded by us to the fullest extent permitted by law.
You expressly understand and agree that given your free access to the Services, Rehab and our licensors shall not be liable to you for:
In the event that any exclusion contained in these Terms shall be held to be invalid for any reason, our total aggregate liability to you shall be limited to no more than £100 (ONE HUNDRED POUNDS). In view of the fact that you are not required to make any payment for the licence granted under these Terms, you acknowledge that this limitation on our liability is reasonable.
You agree and acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss which you may suffer in connection with the use of the Services; that we cannot adequately insure its potential liability to you; that you are not required to make any payment for the license granted under these Terms, and that accordingly the exclusions and limitations contained in this Section are reasonable. You also undertake at all times to mitigate any such damage or loss.
INDEMNIFICATION
You agree to defend, indemnify, and hold Rehab, its affiliates, licensors, service providers, employees, directors, officers, shareholders, or agents harmless from any claims, losses, liability costs, and expenses (including but not limited to attorney’s fees) arising from (i) your violation of any third party’s rights, (ii) your use of Rehab’s Services, or (iii) your breach or violation of any of these Terms.
THIRD PARTY SOFTWARE & AI
In order for you to make full use of the Services it may be necessary for you to use particular computer equipment or to download or install certain pieces of software. If you are unable to access all or part of the Services because you do not have access to any necessary software or equipment, this shall not constitute a breach of these Terms by us, and we shall not be liable for any loss, damage, or expense which may result from your inability to access the Services.
You acknowledge that we have no control over the development or distribution of third-party software that our Services depend upon. We make no representations or warranties that such dependencies will continue to function as expected or that it is available to you for your intended purpose(s).
You acknowledge that some of our Services use artificial-intelligence (“AI”) algorithms to generate content (“AI Output”). AI Output is not cleared for public use and may be similar, or identical, to existing published content. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, produce AI Output that may be offensive, derogatory, or obscene, and we do not endorse or intend to produce such content. We take no responsibility, and disclaim all liability, for AI Output.
When you use our Services, you understand and agree:
LINKS
We reserve the right to refuse applications to link to our Services from people or organizations that we consider unsuitable. For further information or to request permission to link to the Services please contact us.
The Services may contain links that make it easy for you to visit other people's websites. Such websites are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us and we do not have any control over these sites, and we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such sites or resources. Inclusion of, linking to, or permitting the use of any third party websites does not imply approval or endorsement thereof by Rehab. If you decide to leave the Services and access the T third party websites or use any third party content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services. Any purchases you make through third party websites will be governed by the terms and conditions of the applicable website provider, and Rehab takes no responsibility whatsoever in relation to such purchases. You acknowledge that Rehab does not endorse the products or services offered on third party websites and you shall hold Rehab and its affiliates harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold Rehab and its affiliates harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third party websites.
AUDIT
You grant us the right to audit your use of the Services so as to ensure compliance by you with these Terms.
GENERAL
No joint venture, partnership, employment, or agency relationship exists between you and Rehab as a result of these Terms or use of the Services or Website.
You shall not assign, transfer, or sub-license any of your rights or obligations under these Terms. We may at any time assign all or any of our rights and transfer all or any of our obligations under these Terms.
Failure or neglect by us to enforce any of the provisions of these Terms at any time shall not be construed or deemed to be a waiver of our rights nor shall this in any way affect the validity of the whole or any part of these Terms, nor prejudice our rights to take subsequent action.
If any part of any provision of these Terms shall be or become invalid, unlawful, or unenforceable to any extent, then the remainder of such provision and all other provisions of these Terms shall continue to be valid and enforceable to the fullest extent permitted by law.
Neither party (you or Rehab) shall be held liable for inadequate performance of these Terms to the extent caused by a condition that was beyond the parties’ reasonable control (including but not limited to a natural disaster, pandemic, governmental action, riot, or an act of war or terrorism).
These Terms represent the entire agreement of you and us in relation to the subject matter of these Terms and supersedes any previous agreement between you and us in relation to the Services. Neither of you and us have relied upon any statement or representation made by the other in agreeing to enter this contract. These Terms represent our entire agreement and understanding related to the use of Services.
ARBITRATION, LAW, AND JURISDICTION
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM, DISPUTE, OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THESE TERMS AND/OR THE SITE MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION UNDER THE INTERNATIONAL CHAMBER OF COMMERCE’S (“ICC”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.
BY AGREEING TO THIS AGREEMENT, ARBITRATION CLAUSE, & CLASS ACTION WAIVER, YOU AND REHAB ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EITHER SIDE MAY HAVE AGAINST THE OTHER, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
The ICC Rules are available at https://iccwbo.org/dispute-resolution/dispute-resolution-services/arbitration/rules-procedure/.
Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Company’s Services or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned. Unless you and Rehab agree otherwise, any arbitration hearings between you and Rehab will take place in Belfast, Northern Ireland.
If any portion of this arbitration clause is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this arbitration clause or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration clause; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
This arbitration agreement will survive the termination of your relationship with Rehab.
These Terms shall be construed in accordance with Northern Irish law and the parties hereby submit to the exclusive jurisdiction of the Northern Irish courts to settle any disputes which may arise in connection with these Terms.
CONTACT US
We appreciate your feedback, and you agree that we may use it without restriction or compensation to you. All feedback, comments, requests for technical support and other communications relating to the Services should be sent to: newbusiness@rehabagency.ai.
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