Terms & Conditions

BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THESE TERMS. DO NOT USE THE SITE IF YOU DO NOT AGREE TO THESE TERMS.

PRIVACY

Any information you provide will be subject to our Privacy Policy, terms and legal policies which you accept and acknowledge as a condition to using the Site.

ADDITIONAL TERMS

We may offer services through the Site, which may be subject to additional terms. In the event of any conflict between these additional terms, and the Terms, the additional terms will apply to the applicable services.

USE OF THE SITE

You must be at least 18 years old or the age of majority, whichever is older, to use the Site. Your use of the Site must comply with any and all applicable laws and regulations. Subject to your compliance with these Terms, StarTree grants you, solely for your personal use, limited, non-exclusive, non-transferable, non-sublicensable, revocable permission to access and use the Site.

RESTRICTIONS ON USE

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site or any content, logos, interface or other materials contained on the Site (“Materials”); (b) make modifications to the Site or any Materials; (c) use the Site for any illegal purpose or in violation of any local, state, national, or international law; (d) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; (e) interfere with security-related features of the Site, including by disabling or circumventing features that prevent or limit use or copying of any content; or (f) interfere with the operation of the Site or any user’s enjoyment of the Site, including by interfering with or disrupting any network, equipment, or server connected to or used to provide the Site.

SUBMISSIONS

We do not accept any unsolicited information or other materials whether through the Sites or otherwise. Do not submit any information or other materials that you consider confidential or proprietary through the Site. If you choose to provide input and suggestions regarding us, our products or services, or problems with or proposed modifications or improvements to the Site (“Feedback”), then you do so on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence) and you hereby grant StarTree an unrestricted, perpetual, worldwide, irrevocable, non-exclusive, fully-paid, royalty-free, transferable, sublicensable right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services.

OWNERSHIP AND PROPRIETARY RIGHTS

The Site and all Materials are owned by StarTree and are protected by intellectual property and other laws. StarTree and associated logos are trademarks of StarTree. Unauthorized use is strictly prohibited. StarTree reserves all rights to the Site and Materials not granted expressly in these Terms.

THIRD PARTY SITES

The Site may contain links to third party websites. Linked websites are not under StarTree’s control, and StarTree is not responsible for their content or data privacy and security practices.

CONFIDENTIALITY

“StarTree Confidential Information” means information that we provide to you during the term of these Terms that is identified at the time of disclosure as confidential including the Materials and this Site, or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. You will use the same degree of care that you use to protect the confidentiality of your own confidential information of like kind (but not less than reasonable care) (i) not to use any StarTree Confidential Information for any purpose outside the scope of these Terms and (ii) limit access to the StarTree Confidential Information, except (a) for your employees, representatives, or contractors who require access to the StarTree Confidential Information to enable you to exercise your rights and obligations under these Terms and who are bound by written agreement, with terms at least as restrictive as these, not to disclose third-party confidential or proprietary information disclosed to such party; or (b) as disclosure may be required by law or governmental regulation, subject to you providing us with written notice to allow us to seek a protective order or otherwise prevent the disclosure. Nothing herein will prohibit or limit the your use of information: (i) previously known to you without obligation of confidence, (ii) independently developed by or for you without use of or access to the StarTree Confidential Information, (iii) acquired by you from a third party that is not under an obligation of confidence with respect to such information, or (iv) that is or becomes publicly available through no breach of these Terms. You acknowledge the irreparable harm that improper disclosure of StarTree Confidential Information may cause; therefore, you agree we are entitled to seek equitable relief, including temporary restraining order(s) or preliminary or permanent injunction, in addition to all other remedies, for any violation or threatened violation of this section.

SOFTWARE TRIALS

StarTree may at times offer the ability to utilize the StarTree Cloud platform on a limited-time basis. Trials are subject to all terms and legal policies agreed to upon initiating the trial, including, but not limited to the Acceptable Use Policy, Data Processing Addendum, et al. StarTree reserves the right to deactivate a trial’s workspace/cluster after 7 days of consecutive inactivity. The User is permitted, only within the original Trial Period, to create a new workspace/cluster.

MODIFICATIONS OF TERMS

We reserve the right to change these Terms on a going-forward basis at any time by posting them on the Site. Please check these Terms periodically for changes. Modifications are effective upon posting and binding on you if you continue to use the Site after they are posted.

MODIFICATION OF THE SITE

StarTree reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features or services offered on the Site), temporarily or permanently, without notice to you. StarTree will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site or any features or services.

TERMINATION

If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, StarTree may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice.

INDEMNITY

To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and indemnify StarTree and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “StarTree Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

DISCLAIMERS

NO WARRANTIES. THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. StarTree DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. StarTree DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE ACCURATE, UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND StarTree DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR StarTree ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE StarTree ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. StarTree does not disclaim any warranty or other right that StarTree is prohibited from disclaiming under applicable law.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE StarTree ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, OR ANY SERVICES, MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY StarTree ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE StarTree ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and StarTree regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. These Terms will be governed by the laws of the State of California, without regard to its choice of law provisions. We reserve the right to modify, suspend, or discontinue the free trial or Free tier at any time for any reason with or without notice. This includes changes to the availability of services, features offered, and access to the Free Forever tier or during the free trial period. Your continued use of the free trial or Free Forever tier constitutes your acceptance of these terms and any subsequent changes.

INTERNATIONAL USE. The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.

QUESTIONS: If you have any questions about our Site or these Terms, please contact us at info@startree.ai