Corpus Developer Terms

Last updated August 1, 2024

Welcome to Corpus Directory Portal (the "Portal"). These Terms of Use ("Terms") govern your use of the Portal and the services provided by Avail by Zestworld Inc. ("we," "us," or "our"), including the purchase of high-quality, licensable content for model training and other LLM (Large Language Model) needs. By accessing or using the Portal, you agree to be bound by these Terms.

Eligibility

To use the Portal, you must be at least 18 years old and have the legal capacity to enter into these Terms. By using the Portal, you represent and warrant that you meet these requirements.

Term and Termination

These Terms shall remain in full force and effect while you use the Portal. Unless we specifically state otherwise in a separate agreement with you, we may terminate our Terms at any time by notice to you, and our Terms will terminate automatically without notice upon your violation or breach of any provisions of our Terms. You may also terminate our Terms at any time, for any reason, by discontinuing your access to and use of the Portal. Upon termination, the rights granted to you under our Terms to access and use Corpus will immediately terminate, and you must destroy all Confidential Information in your or your Representatives’ possession or control.

Upon termination of our Terms or your access to Corpus, we may at our option delete any Materials or other data associated with your account.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PORTAL (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN CORPUS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your Profile for any reason, you are prohibited from registering and creating a new Profile under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Termination

We reserve the right to suspend or terminate your access to the Portal at any time, for any reason, including if you violate these Terms.

Use of the Portal

You agree to use the Portal in compliance with all applicable laws and regulations. You shall not:

Purchasing Content

Custom Data Requests

In addition to purchasing listed content, you may request custom data or content needs. We will partner with Creators to fulfill these requests, and additional terms and conditions may apply.

Payment for Custom Data Requests will also follow the typical payment process outlined under the "Purchasing Content" section.

Intellectual Property

Unless otherwise indicated, all intellectual property rights, including all source code, databases, functionality, software, website designs, and graphics and the trademarks, service marks, and logos contained therein the Portal and its content are owned by us or our licensors. You are granted a limited, non-exclusive right to access and use the Portal and its content in accordance with these Terms.

Provided that you are eligible to use the Portal, you are granted a limited license to access and use the Portal. We reserve all rights not expressly granted to you in and to the Portal and its content.

Confidentiality

You agree to maintain the confidentiality of any proprietary information received through the Portal and not to disclose it to any third party without our prior written consent.

Disclaimer of Warranties

The Portal and its content are provided on an "as-is" and "as-available" basis. We make no representations or warranties of any kind, express or implied, regarding the Portal or its content.

Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from your use of the Portal or its content.

Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from your use of the Portal or your violation of these Terms. Both parties will indemnify and hold each other harmless from any claims arising out of any breach of representations, warranties, or obligations under this Agreement.

Changes to the Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on the Portal. Your continued use of the Portal after the effective date of the revised Terms constitutes your acceptance of the changes.

Governing Law & Dispute Resolution

These Terms will be governed by the laws of the State of New York without regard to its conflict of laws principles. Disputes will be resolved through mediation and arbitration administered by National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, conducted in New York, NY. The prevailing party in any arbitration or legal proceeding will be entitled to recover costs, fees, and expenses, including reasonable attorneys' fees.

Miscellaneous

All notices under these Terms must be in writing and delivered personally, by overnight courier, or by first-class U.S. mail. These Terms constitute the entire understanding between you and Zestworld Inc. for the purposes of purchasing licenses and may only be amended in writing signed by both parties. No waiver of any breach will constitute a waiver of any other provision. If any provision is held invalid, the remaining provisions will remain in full force and effect. These Terms do not create a partnership or joint venture between the parties.

When using the Portal, you agree to comply with and are subject to any guidelines, rules, or supplemental terms applicable that may be posted on the Portal or Corpus from time to time. To the extent that we ask you to review and accept any supplemental terms that expressly conflict with these Terms, the supplemental terms will supersede these Terms with respect to your use of the portion of the Portal governed by such supplemental terms, solely to the extent of the conflict.

These Terms and any other terms expressly incorporated by reference form the entire agreement between you and us regarding the subject matter of these Terms. These Terms may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction.

Equitable Relief

You agree that (a) no adequate remedy exists at law if you breach the applicable sections of these Terms; (b) it would be difficult to determine the damages resulting from such breach, and any such breach would cause irreparable harm; and (c) a grant of injunctive relief provides the best remedy for any such breach. Therefore, you waive any opposition to such injunctive relief, as well as any demand that we prove actual damage or post a bond or other security in connection with such injunctive relief.

If any provision of our Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent necessary to comply with applicable law, such that the remaining provisions of our Terms will continue in full force and effect.

No waiver by us of any term or condition set forth in our Terms will be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any failure by us to assert a right or provision under our Terms will not constitute a waiver of such right or provision.

We may comply with governmental, court, and law enforcement requests or requirements relating to provision or use of the Portal, or to information provided to or collected under our Terms.

You may not export or provide access to Corpus into any U.S. embargoed countries or to anyone on (i) the U.S. Treasury Department’s list of Specially Designated Nationals, (ii) any other restricted party lists identified by the Office of Foreign Asset Control, (iii) the U.S. Department of Commerce Denied Persons List or Entity List, or (iv) any other restricted party lists. You represent and warrant that you and anyone accessing or using Corpus on your behalf, or using your Profile account credentials, are not such persons or entities and are not located in any such country.

CONTACT US

If you have any questions about these Terms, have a complaint regarding your use of the Portal or any other questions about Corpus, please contact us at:

Avail by Zestworld Inc.
P.O. Box 25463
Brooklyn, NY 11202
United States
Email: [email protected]