Effective Date: 12/16/2024
This End User License Agreement (hereinafter, "EULA") is a binding legal contract between you (hereinafter, "End User," "you," or "your") and Cirrus Document Translation, including its affiliates, subsidiaries, successors, assigns, and related entities (collectively, "Cirrus," "we," "our," or "us"). Your use, access, and/or interaction with the Cirrus Document Translation platform, including any features, functionalities, interfaces, software, documentation, and related materials (collectively, the "Services"), signifies your unqualified assent to be legally bound by the terms and conditions contained herein. Should you find any provision of this EULA objectionable, your sole and exclusive remedy is to refrain from utilizing the Services in any manner whatsoever.
Subject to your continuous compliance with this EULA, Cirrus hereby grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal, non-commercial purposes. No title or ownership interest in any portion of the Services, including but not limited to video translations, user interfaces, textual content, code, trademarks, or associated intellectual property, is conveyed or otherwise assigned to you by virtue of this EULA. All rights not expressly granted herein are hereby reserved to Cirrus.
All translations rendered into American Sign Language ("ASL") videos, including any derivative works, enhancements, or modifications thereto, are and shall remain the exclusive property of Cirrus, protected under applicable intellectual property laws and treaties. Any underlying text or documents provided by a Client remain the property of that Client. You shall not, under any circumstances, acquire any rights, title, or interest in the ASL videos or related content, nor shall you infringe, reverse engineer, disassemble, reproduce, broadcast, disseminate, sublicense, modify, adapt, or create derivative works thereof, except to the extent expressly permitted by mandatory provisions of applicable law.
You agree to refrain from using the Services in any manner that: (i) violates any applicable law, regulation, or judicial/administrative order; (ii) infringes upon the intellectual property, privacy, publicity, or other proprietary rights of Cirrus, its Clients, or any third party; (iii) introduces or attempts to introduce viruses, worms, Trojan horses, spyware, or any other deleterious code; or (iv) interferes with, disrupts, or otherwise compromises the security or performance of the Services, including any related servers, networks, or systems.
Cirrus does not guarantee uninterrupted or error-free operation of the Services. Cirrus reserves the right, at its sole discretion, and without prior notice or liability, to modify, suspend, discontinue, remove, or restrict access to any portion of the Services at any time. Cirrus may terminate, suspend, or revoke your license and/or access to the Services if you fail to comply with this EULA, infringe upon our rights or those of third parties, or engage in any act or omission that, in Cirrus’ sole judgment, could expose Cirrus, its Clients, or its End Users to potential harm or liability. Upon termination, you must cease all use of the Services and destroy any copies, excerpts, or extracts thereof in your possession or control.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT. CIRRUS DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEIR OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CIRRUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AND AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CIRRUS’ AGGREGATE LIABILITY UNDER THIS EULA SHALL NOT EXCEED THE AMOUNT PAID BY YOU (IF ANY) TO CIRRUS FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY.
You agree to defend, indemnify, and hold harmless Cirrus, its directors, officers, employees, agents, successors, assigns, and affiliates from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (i) your use or misuse of the Services; (ii) your violation of any term or condition of this EULA; (iii) your violation of any third-party right, including without limitation any intellectual property, confidentiality, privacy, or proprietary right.
This EULA, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, without giving effect to any conflict-of-law principles that would require the application of another jurisdiction’s laws. The exclusive forum for resolving any disputes arising hereunder shall be the state and federal courts located within the State of Florida, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.
If any provision of this EULA is found to be invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from this EULA, and the remaining provisions shall continue in full force and effect. No waiver of any term or condition of this EULA by Cirrus shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
This EULA constitutes the entire agreement between you and Cirrus regarding your use of the Services, superseding any and all prior or contemporaneous oral or written communications, understandings, proposals, representations, or agreements relating to the subject matter herein. No amendment or modification to this EULA shall be valid unless made in writing and signed by an authorized representative of Cirrus.
All notices, requests, demands, inquiries, or other communications required or permitted to be given under this EULA shall be directed to:
Email: labs@hellocirrus.com
Address: 7 Arenta St, Saint Augustine, FL 32094
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICES.