Terms and Conditions for smartUA Platform

These terms and conditions ("Agreement") govern the use of the smartUA platform ("Platform") provided by INCYMO AI, Inc ("Provider"). By accessing or using the Platform, you ("User") agree to be bound by this Agreement. If you do not agree with these terms and conditions, you should not use the Platform.

1. Account Creation and Usage
   1. User Account: User must create an account to access and use the Platform. User is responsible for maintaining the confidentiality of their account information and is liable for any activities that occur under their account.
   2. User Responsibilities: User agrees to use the Platform in compliance with applicable laws, regulations, and this Agreement. User shall not use the Platform to engage in any illegal, harmful, or fraudulent activities, or for any purpose other than its intended use.
2. Platform Access and Availability
   1. Platform Availability: Provider strives to ensure that the Platform is available and operational at all times. However, the Platform may occasionally be unavailable for maintenance, upgrades, or other reasons. Provider does not guarantee uninterrupted access to the Platform.
   2. User Obligations: User must have access to the necessary hardware, software, and internet connection to use the Platform. User is responsible for any associated fees or costs.
3. Intellectual Property Rights
   1. Ownership: Provider retains all rights, title, and interest in and to the Platform, including any intellectual property rights associated with it. User acknowledges that no transfer of ownership or intellectual property rights to the Platform is made under this Agreement.
   2. User Content: User retains ownership of any content or data uploaded to the Platform. By uploading content, User grants Provider a non-exclusive, worldwide, royalty-free license to use, modify, reproduce, and distribute the content solely for the purpose of providing the Platform's services.
4. Fees and Payment
   1. Subscription Fees: User agrees to pay the fees associated with their selected subscription plan, as specified by Provider. Fees may vary based on the features and usage levels chosen by User.
   2. Payment Terms: User shall make payments in accordance with the payment terms specified by Provider. Failure to pay fees may result in the suspension or termination of User's access to the Platform.
5. Limitation of Liability
   1. Disclaimer: The Platform is provided on an "as is" and "as available" basis. Provider disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Provider does not guarantee the accuracy, completeness, or reliability of the Platform or its content.
   2. Limitation of Liability: Provider shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages arising out of or in connection with the use or inability to use the Platform, even if Provider has been advised of the possibility of such damages.
6. Termination
   1. Termination by User: User may terminate their account and this Agreement at any time by providing written notice to Provider.
   2. Termination by Provider: Provider reserves the right to suspend or terminate User's access to the Platform, with or without cause, at any time and without prior notice.
7. Governing Law and Dispute Resolution
   1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the United States of America.
   2. Dispute Resolution: Any disputes arising out of or in connection with this Agreement shall be resolved through negotiation and, if necessary, through arbitration in accordance with the rules of a recognized arbitration institution agreed upon by the parties.
8. General Provisions
   1. Entire Agreement: This Agreement constitutes the entire agreement between User and Provider regarding the use of the Platform and supersedes any prior agreements or understandings.
   2. Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
   3. Assignment: User may not assign or transfer any rights or obligations under this Agreement without the prior written consent of Provider.

By using the smartUA Platform, User acknowledges that they have read, understood, and agreed to these terms and conditions.