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socra Terms of Service

Effective December 12, 2023

Welcome to socra!

At socra Inc., operating under the name socra (“socra,” “we,” “us,” or “our”), we strive to provide the best in class experience for our users. As a company registered under the laws of the State of Delaware, USA, we have put together these Terms of Service, which we refer to as the "Terms," to outline the rules of engagement for our Website, Apps, and other Products and Services, collectively known as the "Services" or "Platform."

By using our Services, you enter into a legally binding agreement with socra Inc. It is important that you carefully read and understand these Terms before proceeding. Your use of our Services constitutes your agreement to these terms. If for any reason you do not agree with the Terms, we kindly ask that you do not register or use any of the Services.

1. Our commitment to you

Our mission is to transform the way we pursue and accomplish our goals by leveraging the power of artificial intelligence. Our platform is designed to empower people to find and share the best way to achieve their goals, built on the premise that there is always a better way to do things, and we're committed to helping you find those ways.

2. Your commitment to socra and our community

1. Who can use socra

You can only use socra if:

  1. You are at least 13 years old;
  2. You can form a binding contract with socra, or, if you are over 13 but under the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms;
  3. You are not barred from using the Services under all applicable laws; and
  4. You have not been permanently suspended or removed from the Services.

2. What you can do at socra

Our purpose is to assist you in achieving your goals, but never at the cost of jeopardizing the safety and well-being of others or the integrity of our community. You, therefore, agree not to engage in the conduct described below (or to facilitate or support others in doing so):

  1. You may not use our services in any unlawful or fraudulent way or any way that has any unlawful or fraudulent purpose or effect.
  2. You may not harm the Services or use the Services to harm others. You must not use the Services to harm, threaten, or harass another person, organization, or socra.
  3. You may not systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  4. You may not infringe on or violate someone else's rights, including their intellectual property rights.
  5. You may not use our Services to share content you do not own or have the necessary rights to share.
  6. You may not transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
  7. You may not use the Services in a manner inconsistent with any applicable laws or regulations.
  8. You may not engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.
  9. You may not attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  10. You may not use a buying agent or purchasing agent to make purchases on the Services.
  11. You may not trick, defraud, or mislead other users and us in any attempt to learn sensitive account information such as user passwords.
  12. You may not upload viruses or malicious code, use the services to send spam, or do anything else that could disable, overburden, interfere with, or impair the proper working, integrity, operation, or appearance of our Services, systems, or Products.
  13. You may not use our Services in any way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
  14. You may not access or collect data from our Products using automated means or attempt to access data you do not have permission to access.
  15. You may not gain access to (or attempt to gain access to) another user’s account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services;
  16. You may not use the Services in any manner that we reasonably believe to be an abuse of, or fraud, on socra or any payment system.
  17. You may not make improper use of our support services or submit false reports of abuse or misconduct.

3. User Registration

You are responsible for maintaining the confidentiality of your password and for all activities under your account. We reserve the right to modify, remove, or change any username at our discretion and without notice. We do not allow users to claim usernames from inactive accounts.

4. Content

Your Content

At socra, we highly value the content that you provide on our platform. The term "Content" collectively refers to both the input and output generated during your interactions with socra. "Input" encompasses the information, questions, answers, goals, and any other relevant details that you provide to socra. This includes actions, personal preferences, circumstances, or any other information that helps us understand your needs and provide tailored support. "Output" refers to the responses, recommendations, suggestions, or any other information generated by socra based on your input. It is the result of socra's analysis and processing of your input. Output can include actions, actionable steps, insights, resources, responses, or any other relevant information to assist you.

Content Ownership

You retain ownership of the content you provide on our platform, including your input and the output generated by socra. However, it is important to note that by using our platform, you grant socra a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display your content for the purpose of improving our services, complying with applicable law, enforcing our terms, and training and improving our AI models. Rest assured that we handle your content with the utmost care and take appropriate measures to ensure its security and confidentiality.

Accuracy

At socra, we strive for accuracy in all aspects of our platform. While we make every effort to provide reliable and up-to-date information, we cannot guarantee the absolute accuracy or completeness of the content generated by socra. It is important to note that socra's responses and suggestions are generated by an AI model and may not always reflect the most current or accurate advice. We encourage you to cross-reference the information provided by socra and perform human review when necessary.

Similarity of Output

At socra, we understand that users may expect consistency in the output generated by our platform. While we strive to provide personalized responses, it's important to note that in some cases, the output may be similar among different users. This can occur when the input and context are similar, leading to comparable recommendations or insights.

Third-Party Mentions and Affiliations

It's important to note that if socra mentions or suggests third parties in its output, it does not imply any affiliation or endorsement by socra. The recommendations, resources, or references provided are based on socra's analysis of the input and are intended to offer helpful information to users. However, socra does not have control over the content or actions of these third parties. Users are encouraged to independently evaluate and verify the credibility, reliability, and suitability of any third-party entities or services mentioned by socra. socra assumes no responsibility for the actions, products, or services of these third parties.

5. Payment Terms

Certain features and services offered on socra may require payment, and by using these Paid Services, you agree to comply with the specific Payment Terms that govern your use of such services. The Payment Terms outline the terms related to membership subscriptions, purchase of socra tokens, and payment obligations. It is important to review and understand these Payment Terms, as they form a binding agreement between you and socra regarding the use of our Paid Services. By accepting the socra Terms of Service, you acknowledge that you have read, understood, and agreed to be bound by these Payment Terms.

6. Intellectual property rights

Unless otherwise indicated, the Services are our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited or any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services, the Content, and the Marks.

7. User-generated contributions

Our Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Terms.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate any third party's privacy or publicity rights.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate or link to material that violates, any provision of these Terms, or any applicable law or regulation.
  • Your Contributions do not violate or link to material that violates, any provision of these Terms, our socra Community Rules, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.

8. Contribution license

By posting your Contributions or any part of the Services or making Contributions accessible to the Service by linking your account from the Services to any social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, our image and voice) for any purpose and to prepare the derivative word of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media format and through any media channels.

The license will apply to any form, media, or technology now known or hereafter developed, and include our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

9. Guidelines for reviews

We may provide you with areas on the Services to leave reviews or ratings. When posting a review or submitting a rating, you must comply with the following criteria: (1) you should have firsthand experience with the person, entity, item, action, step, plan, or process being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, material status, sexual orientation, or disability; (4) you reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews or ratings, whether positive or negative.

We may accept, reject, or remove reviews or ratings in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily present our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

10. Mobile application license

1. Use License

If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly in accordance with the terms of service of this mobile application license contained in these Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

2. Apple and Android devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms of service of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms of service in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms of service in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.

11. Third-party Accounts

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms of service that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms of service that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You can disable the connection between your account on the Services and your Third-Party Accounts at any time. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely to identify and inform you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account through your account settings (if applicable).

12. Third-Party Service and API Providers

We may share your information with third-party service and API providers who perform services on our behalf, such as payment services, and more. These providers are contractually obligated to handle your personal information in accordance with applicable privacy laws and regulations. Please note that some third parties may retain your data for up to 30 days before deleting it.

13. Additional provisions

1. Changes to these terms

Our services evolve constantly. For this reason, we may change these Terms from time to time and reserve the right to modify these Terms. We will post the most current version of these Term in our socra Terms of Service. When we make material changes to these Terms, we may or may not notify you via the Services and/or by email to the address associated with your account. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Services so that you understand which Terms apply. If you do not accept the changes, you must stop using your account and delete it under the profile settings. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms. You are therefore advised to re-read this statement on a regular basis.

2. Account termination

We reserve the right to suspend or terminate your account at any time, for any reason or for no reason, at our sole discretion. With that said, we will make every effort to keep you in good standing with the community and socra. We may terminate your access to the Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account 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 injective redress.

socra respects the intellectual property of others and will respond to notices of alleged trademark or copyright infringement. We reserve the right to delete or disable Content alleged to violate our copyright policy, trademark policy, or these Terms and reserve the right to terminate the violator’s account(s).

If you believe that anything on our Services infringes a copyright or a trademark that you own or control, you may notify us (a “Notification”) by contacting our designated copyright agent according to our socra DMCA Policy.

Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

4. Electronic communications, transactions, and signatures

Using our Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all Terms, notices, disclosures, and other communications we provide to you electronically, via email, and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via our Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic record, or to payments or granting of credits by any means other than electronic means.

5. User data

We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Services, managing the performance of service providers, making suggestions to other users on the best directions to complete a goal, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or data that relates to any activity you have undertaken using the Services. You are that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive the right of action against us arising from any such loss or corruption of such data.

Our socra Privacy Policy explains how we collect and use your personal data to provide, improve, and administer our Services.

6. Modifications, interruptions, and updates

We reserve the right to remove, change, or modify any content from our Services or Products, for any reason, at our own discretion without notice. We reserve the right to modify, receive, suspend or discontinue any part of the Services at any time or for any reason without notice to you. We will not be liable for any modifications, price changes, suspension, or discontinuation of Services. We cannot guarantee that our Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use our Services.

If you download or use our software, you give us permission to download and install updates to the software where available.

7. Third-Party Website and Content

The Services may contain (or you may be sent via the Services) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply our approval or endorsement. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by your purchase of such as or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

8. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SOCRA DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. SOCRA DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. SOCRA’S SERVICES AND ITS COMPONENTS ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY; SOCRA SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE VIA THE SERVICES, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR OR OMISSIONS IN THAT INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TffO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY SERVICE PROVIDER.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOCRA 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, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE SOCRA PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL SOCRA’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY SOCRA FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.

OU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE EXPECTATION AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SOCRA AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR SOCRA’S ABILITY TO MAKE OUR PLATFORM AVAILABLE TO YOU AT NO CHARGE.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION(S) IS PERMANENTLY BARRED.

10. Arbitration

For any dispute with socra, you agree to first contact us at team@socra.com and attempt to resolve the dispute with us informally. In the unlikely event that socra has not been able to resolve a dispute it has with you sixty (60) days after your attempt to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any socra claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Travis, Texas unless you and socra agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitration may not consolidate more than one person’s claims. You agree that, by entering into these Terms, you and socra are each waiving the right to a trial by jury or to participate in a class action.

11. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

12. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Additionally, if you participate in our socra Tester Program, you agree with the socra Testing Agreement, and the terms of that agreement will govern your participation in the program and any Submissions made in connection with it.

13. Services Management

We reserve the right, but not the obligation, to (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

14. Other terms and policies that may apply to you

  1. socra Privacy Policy: Explains how we collect and use your personal data to provide, improve, and administer our Services.

  2. socra Cookies Policy: Explains how we use cookies and similar technologies to recognize you when you visit our Website.

  3. socra Community Rules: These guidelines outline the rules and expectations for behavior in socra.

  4. socra EULA: This applies when we use our app on Apple's software distribution Platform ("App Store") or Google's software distribution Platform ("Play Store").

  5. socra Testing Agreement This agreement applies to individuals testing the socra platform.

  6. socra Payment Terms: These terms apply to payments made on or through our Services or Platform.

  7. socra Platform Terms: These terms apply to the use of the set of APIs, SDKs, tools, plugins, code, technology, content, and services that enable others to develop functionality, retrieve data from socra’s Products, or provide data to us.