Terms of Service and License Agreement.

This Terms of Service and License Agreement (the “EULA”) is a binding contract between you, an individual user (“you”), and RENDAIR CORPORATION, (“us” or “we”) governing your use of the RENDAIR CORPORATION website Rendair.com (the “Website”). BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE EULA IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICE. To have a copy of the EULA and the RENDAIR CORPORATION Privacy Policy (the “Privacy Policy”) sent to you, contact RENDAIR CORPORATION at contact@rendair.com

Nature of the Document

As provided in greater detail in the EULA (and without limiting the express language of the EULA), you acknowledge the following

  1. you consent to the collection, use, and disclosure of your personally identifiable information in accordance with the privacy policy, including with respect to the collection of location information.
  2. the service is provided “as is” without warranties of any kind and RENDAIR CORPORATION’s liability to you is limited.
  3. disputes arising hereunder will be resolved by binding arbitration.

General

  1. The Service is a platform enabling people seeking drafting, 3D rendering, and modeling services (“Clients”) to get drawings, 3D renderings, virtual tours. The results include one final rendering/drawing/virtual tour, and twos revisions of it based on user comments (Clients are “Users”).
  2. Acceptance of Privacy Policy. Your use of the Service is subject to the Privacy Policy, which is available by email and is hereby incorporated by reference into the EULA by using the Service you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.
  3. Third-Party Fees. You may incur third-party fees using the Service, such as fees charged by your Carrier for data usage. In addition, you may be subject to third-party terms, through your use of the Service, such as your Carrier’s terms of service. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
  4. Changes to the EULA. We may revise the EULA at any time by posting an updated version You should visit this page periodically to review the most current EULA because you are bound by it your continued use of the Service after a change to the EULA constitutes your binding acceptance of the EULA.
  5. Eligibility If you are using or opening an account on the Service on behalf of a company, entity, or organization (each a “Subscribing Entity”), then you represent and warrant that you:
    • are an authorized representative of that Subscribing Entity with the authority to bind such entity to the EULA and
    • agree to be bound by the EULA on behalf of such Subscribing Entity.
  6. Children. No part of the Service is directed to people under the age of 13 IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.

About the License

  1. License Authorization to You. The Service is licensed, not sold, to you for use only under the terms of the EULA Subject to your complete and ongoing compliance with the terms and conditions of the EULA, RENDAIR CORPORATION, hereby grants you a personal, limited, revocable, non-transferable license to access and use the Website, in both instances solely for your own use or for the use of the Subscribing Entity on whose behalf you are authorized to act.
  2. Limitations. You may not modify, alter, reproduce, or distribute the website. You may not directly rent, lease, lend, sell, redistribute, or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions or otherwise exceed the scope of the licenses granted in the EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
  3. Updates. The terms of the EULA will govern any updates provided to you by RENDAIR CORPORATION that replace and/or supplement the App unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.

Registration and Eligibility

  1. Account Types and Registration. Anyone may browse the public-facing pages of the Service but to start the custom style profile, design plan, the client must register.
  2. Client. To become a Client, you must provide your email address, name, and password. You will only need to provide a floorplan to start a project however the more details you provide the more accurate the product will be. The platform will then provide your selected services which includes, Virtual Tours, 3D models, Static 3D architectural renderings and 360-degree renderings. The client can also subscribe to our Virtual Tool engine where he can upload panoramic images and share with third parties.
  3. Account Safety. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify RENDAIR CORPORATION by e-mail contact@rendair.com You will be solely responsible for the losses incurred by RENDAIR CORPORATION and others due to any unauthorized use of your account.

Content and Others

  1. Your Content. If you are a Client, you may be able to create, post or share content, such as pictures of your space, floor plans and household objects (“Client Content”) RENDAIR CORPORATION claims no ownership or control over Your Content, You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you post on or through the Service. You are responsible for protecting those rights.
  2. License Grants to RENDAIR CORPORATION By creating, posting, or sharing Your Content on or through the Service, and subject to RENDAIR CORPORATION Privacy Policy, you grant RENDAIR CORPORATION a worldwide, non-exclusive, sub-licensable, royalty-free, transferable license to use, modify, remove, publish, transmit, or display Your Content in order to (a) facilitate a design or recommended product list for the Client (b) advertise and promote the Service.
  3. You Must Have Rights to the Content You Post. You represent and warrant that:
    • you own Your Content or otherwise have the right to grant the license set forth in the EULA,
    • the posting and use of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and
    • the posting of Your Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content that you post on or through the Service You also acknowledge and agree that Your Content is non-confidential and non-proprietary.

Third-Party Materials; RENDAIR CORPORATION Content

  1. You understand that by using the Service, you may encounter data, information, applications, materials, and other content from third parties, including other users (collectively, “Third-Party Materials”), and data, information, applications, materials, and other content from RENDAIR CORPORATION (collectively, “RENDAIR CORPORATION” and, together with Third-Party Materials, but excluding Your Content, “Service Content”), that may be offensive, indecent, or objectionable. Nevertheless, you agree to use the Service at your sole risk and that RENDAIR CORPORATION shall not have any liability to you for any Service Content that may be found to be offensive, indecent or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable. You use the Service and rely upon any Service Content accessible through the Service, at your sole risk.
  2. In addition, third-party services and Service Content that may be accessed from, displayed on, or linked to your device are not available in all languages or in all countries RENDAIR CORPORATION makes no representation that the Service, any third-party services, and Service Content are appropriate or available for use in any location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with all applicable laws."

Use of the Service and Service Content

Your right to use the Service is a privilege, not a right, and is expressly conditioned on the following:

  1. You may access the Service solely as intended through the provided functionality of the Service and as permitted under the EULA.
  2. You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without RENDAIR CORPORATION prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without RENDAIR CORPORATION express written consent:
    • altering, defacing, mutilating, or otherwise bypassing any approved software through which the Service is made available.
    • using any trademarks, service marks, design marks, logos, photographs, or other content belonging to RENDAIR CORPORATION or obtained from the Service.
  3. You agree not to bypass, circumvent, damage, or otherwise interfere with any security or other features of the App designed to control the way the Service is used, harvest or mine Service Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
  4. You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling, or hacking of any aspect of the Service, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by the EULA, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by RENDAIR CORPORATION.
  5. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent RENDAIR CORPORATION makes available the means for embedding any part of the Service or Service Content.
  6. You agree not to access, tamper with, or use non-public areas of the Service, RENDAIR CORPORATION (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of RENDAIR CORPORATION providers.
  7. You agree not to harass, abuse, harm or advocate or incite harassment, abuse, or harm of another person or group, including RENDAIR CORPORATION employees and other users.
  8. You agree not to provide any false personal information to RENDAIR CORPORATION or any other user, or create a false identity or impersonate another person or entity in any way.
  9. You agree not to create a new account with RENDAIR CORPORATION, without RENDAIR CORPORATION express written consent, if RENDAIR CORPORATION has previously disabled an account of yours.
  10. You agree not to solicit, or attempt to solicit, personal information from other users.
  11. You agree not to restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users.
  12. You agree not to use the Service, without RENDAIR CORPORATION express written consent, to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in the EULA.
  13. You agree not to gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service.
  14. You agree not to post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
  15. You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service or violate the regulations, policies, or procedures of such networks or servers.
  16. You agree not to violate any applicable federal, state, or local laws or regulations or the EULA.
  17. You agree not to assist or permit any persons in engaging in any of the activities described above.

Consent to Use of Data

You agree that RENDAIR CORPORATION may collect and use technical data and related information, including, but not limited to, UDID, contacts, usage data, location and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes Please see the Privacy Policy for more details regarding the information RENDAIR CORPORATION collects, and how it uses and discloses that information.

Ownership

The Service, Service Content, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of RENDAIR CORPORATION and its licensors Except for the limited licenses expressly granted to you under the EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under the EULA, either expressly, or by implication, estoppel or otherwise.

Feedback

We appreciate hearing from our users and welcome your comments regarding the Service Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will:

  1. own, exclusively, all now known or later discovered rights to the Creative Ideas.
  2. not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas.
  3. be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial, or otherwise, without compensation to you or any other person.

Consequences of Violating These Terms

We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion We reserve the right to refuse to provide the Service to you in the future RENDAIR CORPORATION may review and remove any of Your Content at any time for any reason, including activity which, in its sole judgment: violates the EULA; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Service You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of the EULA and your use of the Service.

RENDAIR CORPORATION Liability

  1. Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
  2. User Disputes We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service This includes disputes between Clients and Designers. You assume all risk associated with dealing with third parties You agree to resolve disputes directly with the other party You release RENDAIR CORPORATION of all claims, demands, and damages in disputes among users of the Service You also agree not to involve us in such disputes Use caution and common sense when using the Service If you participate in an Installation, you are solely responsible for your interactions with other Users You understand that RENDAIR CORPORATION does not currently conduct background checks, including criminal background checks, on its Users RENDAIR CORPORATION makes no representations or warranties as to the conduct of Users IN NO EVENT WILL THE RELEASED PARTIES (AS DEFINED BELOW) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH OBTAINING SERVICES FROM ANY DESIGNER OR PROVIDING ANY SERVICES TO ANY CLIENT, INCLUDING ALL RISKS OF PHYSICAL OR EMOTIONAL INJURY OR HARM RESULTING ANY WAY OR ARISING OUT OF INSTALLATION SERVICES OR CLIENTS OBTAINED THROUGH THE SERVICE ALL USERS, INCLUDING CLIENTS AND DESIGNERS, HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTALLATION, INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE.
  3. Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service, including Designs Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider, or the quality or nature of third-party products or services obtained through the Service Use the Service at your own risk.
  4. Third-Party Websites. The Service may include links to third-party websites and applications You are responsible for the decision whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
  5. We make no promises and disclaim all liability of specific results from the use of the Service.

Termination

The EULA is effective until terminated by you or RENDAIR CORPORATION. Your rights under the EULA will terminate automatically without notice from RENDAIR CORPORATION if you fail to comply with any term(s) of the EULA (including by violating any license restriction provided herein) You may terminate the EULA by deleting any termination of the EULA, you must immediately cease all use of the Service If you are a Winning Designer and terminate your account before you have completely delivered the Design Package, you may not be allowed to use the Service in the future.

Disclaimer

“Released Parties” include RENDAIR CORPORATION and its affiliates, officers, employees, agents, partners, and licensors YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  2. THE RELEASED PARTIES MAKE NO WARRANTY THAT
    • THE SERVICE WILL MEET YOUR REQUIREMENTS,
    • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
    • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE,
    • THE QUALITY OF ANY GOODS, DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND,
    • ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
  3. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

Limitation of Liability

  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RENDAIR CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
    • THE USE OR THE INABILITY TO USE THE SERVICE.
    • THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE.
    • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
    • STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE.
    • YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US.
    • ANY OTHER MATTER RELATING TO THE SERVICE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
  2. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF
    • IF YOU ARE A CLIENT, THE FEES YOU HAVE PAID TO RENDAIR CORPORATION,
    • IF YOU ARE A DESIGNER, THE FEES PAID BY RENDAIR CORPORATION TO YOU

Indemnity

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging, or resulting from

  1. your use of or reliance on any third-party content,
  2. your use of or reliance on any RENDAIR CORPORATION Content or Designs,
  3. your breach of the EULA We will provide notice to you promptly of any such claim, suit, or proceeding.

Third-Party Disputes

RENDAIR CORPORATION IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD-PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD- PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Miscellaneous

  1. Assignment You may not assign this EULA or any of the rights or licenses granted hereunder, directly, or indirectly, including by sale, merger, change of control, operation of law, or otherwise, without the prior written consent of RENDAIR CORPORATION. RENDAIR CORPORATION may assign the EULA, including all its rights hereunder, without restriction.
  2. Survival The provisions of the EULA that are intended to survive the termination of the EULA by their nature will survive the termination of the EULA, including, but not limited to all sections.
  3. Consent to Electronic Communications By using the Service, you consent to receive certain electronic communications from us as further described in our Privacy Policy Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
  4. The EULA, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and RENDAIR CORPORATION regarding your use of and access to the Service, and, except as expressly permitted above, may be amended only by a written agreement signed by authorized representatives of all parties to the EULA The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of the EULA or any provision of the EULA constitute a waiver of any subsequent breach or default or a waiver of the provision itself Use of section headers in the EULA is for convenience only and will not have any impact on the interpretation of particular provisions In the event that any part of the EULA is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect You agree that no joint venture, partnership, employment, or agency relationship exists between you and RENDAIR CORPORATION as a result of the EULA or use of the Service.
  5. Contacting RENDAIR CORPORATION. You can contact RENDAIR CORPORATION, by e-mail at contact@rendair.com

RENDAIR AI Terms of Service AND PRIVACY RIGHTS

Effective Date: March 7, 2024

Welcome to Rendair Corporation’s platform (the “Services”). These Terms of Service (the “Agreement”) outline your rights and obligations regarding the use of the Services. Please read this Agreement carefully.

This Agreement is between Rendair Corporation and the entity or individual using the Services (the "Customer," “You” or “Your”) and governs your access to and use of the Services.

By using the Services, you agree to be bound by this Agreement. If you do not agree to this Agreement, please refrain from using the Services.

Additional documents referenced in this Agreement, such as the Subscription Plans page and Community Guidelines, also apply to your use of the Services.

Service Provision and Quality

We continuously enhance the Services for better user experience. The Services, including the style of generated assets and underlying algorithms, may undergo changes without prior notice. We do not guarantee the quality, stability, uptime, or reliability of the Services. Please refrain from building dependencies on any aspect of the Services or generated assets. We are not liable for any harm resulting from your reliance on the Services.

The Services and generated assets are provided on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, whether express or implied. You bear all risks associated with the use of the Services.

Rendair Corporation reserves the right to suspend or terminate your access to the Services at any time and for any reason. You may not use the Services for developing or offering competitive products or services. Reverse engineering, automated access, or redistribution of the Services are prohibited. Each registered account is for single-user access only.

The Services must not be used to infringe upon the intellectual property rights of others. Such actions may lead to penalties, including legal action or permanent banning from the Services.

We reserve the right to investigate and take appropriate action against reported violations of our Terms of Service, including reporting suspected unlawful activities to relevant authorities and disclosing necessary information to such entities.

Age Requirements

By accessing the Services, you confirm that you are at least 13 years old and meet the minimum age requirement in your country. If you are below the required age, your parent or guardian must agree to these terms on your behalf.

Parents or legal guardians allowing teenagers to use the Services are also bound by these terms and are responsible for their teenagers’ activities.

While we aim to maintain PG-13 and family-friendly content, the generated assets may vary due to the nature of artificial intelligence. We do not guarantee the suitability of assets for all users.

Your Information

By using the Services, you may provide us with personal information. Our privacy policy outlines how we handle your data.

Content Rights

Your Rights

You own all assets generated with the Services, subject to certain conditions:

Your ownership is subject to the terms of this Agreement and any third-party rights. Upscaled images of others remain owned by the original creators.

For further details on intellectual property rights, consult legal counsel in your jurisdiction. Your ownership of generated assets persists even if you downgrade or cancel your membership.

These terms govern your use of the Services. If you have any questions or concerns, please contact us.

DMCA and Takedowns Policy

Notification Procedures

At Rendair Corporation, we respect the intellectual property rights of others. If you believe that material on or linked to our Services infringes your copyright or trademark, please send a notice of claimed infringement to hello@rendaircorp.com with the subject line “Takedown Request.” Include the following details:

Your physical or electronic signature.

Identification of the copyrighted work (or mark) you believe to have been infringed or, if multiple works are involved, a representative list.

Precise identification of the infringing material.

Contact information, including your name, address, telephone number, and email address.

A statement confirming that you have a good faith belief that the use of the material is unauthorized.

A statement, under penalty of perjury, that the information in your notice is accurate.

If the copyright owner’s rights are governed by laws outside the United States, please specify the country.

Alternatively, you may send notices to:

Rendair Corporation

Attn: Takedowns Department

1688 Meridian Ave Suite 700

Miami Beach, FL 33139, United States of America

Upon receipt of a compliant notice, we reserve the right to remove or disable access to the material, notify the accused party, and terminate access to the Services for repeat infringers.

Be aware that knowingly misrepresenting material as infringing may result in liability for damages under Section 512(f) of the DMCA.

Counter-Notification Procedures

If material was removed or access was disabled erroneously, you may file a counter-notification by sending a written notification to our designated copyright agent. Include:

Your physical or electronic signature.

Identification of the removed material and its previous location.

Contact information, including your name, address, telephone number, and email address.

A statement, under penalty of perjury, that you believe the removal was a mistake.

Consent to the jurisdiction of the Federal District Court.

Our designated agent to receive counter-notifications is the same as above.

The DMCA allows restoration of removed content within 10-14 business days unless the complainant initiates court action. Knowingly misrepresenting a counter-notification may result in liability under Section 512(f) of the DMCA.

Dispute Resolution and Governing Law

In case of a dispute arising from these Terms, it will be resolved through binding arbitration. Both parties will make a good-faith attempt to resolve the dispute within 30 days. If unresolved, arbitration will proceed in accordance with the American Arbitration Association’s International Centre for Dispute Resolution Expedited Commercial Rules.

Arbitration will take place in Miami Dade County, Florida, USA. Either party may seek injunctive relief from a competent court while arbitration is pending. The arbitrator may award equitable relief. The arbitral award will be final and binding, enforceable in any competent court.

Each party will bear its own legal and expert fees.

Unlimited Service and Rate Limiting

Purchasing an unlimited plan grants reasonable access to our Services. However, we reserve the right to apply rate limiting to maintain quality and prevent disruptions to other users.

Payment and Billing

We may invoice you through a third-party payment service provider. Their terms govern in case of conflict.

You can cancel your plan at any time. We reserve the right to terminate access for violations, including Community Guidelines breaches. No refunds are provided for current subscriptions. Additional subscription details, including billing, can be found here.

Limitation of Liability and Indemnification

We provide the Service as-is, without making any promises or guarantees.

You acknowledge and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, regardless of how they arise.

Your use of the Service is at your own risk. We will not be involved in any disputes or liabilities that arise between you and others.

To the extent permitted by law, you agree to indemnify and hold harmless us, our affiliates, and our personnel from any costs, losses, liabilities, and expenses (including attorneys’ fees) arising from third-party claims related to your use of the Services and Assets or any violation of these Terms.

Miscellaneous

Force Majeure: Neither party will be liable for failure or delay in performance due to circumstances beyond its reasonable control, such as acts of God, natural disasters, terrorism, riots, or war.

No Agency: This Agreement does not establish any agency, partnership, or joint venture between the parties.

Severability: If any part of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will still be valid and enforceable.

No Third-Party Beneficiaries: This Agreement does not confer any benefits on third parties unless explicitly stated otherwise.

Survival: Provisions of this Agreement that would reasonably be expected to survive termination, including those related to intellectual property and privacy, will remain in effect.

Governing Law: These Terms are governed by the laws of the State of Florida, USA, without regard to conflict of law principles. Any disputes will be subject to the arbitration agreement outlined above.

AI Privacy Policy

Introduction

This privacy policy (the “Policy”) applies to Rendair Corporation, including its website rendaircorp.com, rendair.es, rendair.ai and the Rendair image generation platform (the “Services”). Rendair Corporation (“Rendair”) is a technology incubator specializing in communication solutions, offering image generation services to enhance human creativity and foster social connections.

In this Policy, “personal data” refers to any information related to, descriptive of, or potentially identifying an individual, whether directly or indirectly.

Applicability: This Policy applies to personal data collected, used, and disclosed by Rendair, which may include: (i) data gathered through the Services, (ii) data acquired during the training of Rendair machine learning algorithms, (iii) data obtained from Rendair websites, and (iv) data sourced from third-party providers. Third-party sources may include, but are not limited to: public databases, commercial data sources, and the public internet.

Changes: We may periodically update this Policy to reflect changes in legal, regulatory, operational requirements, our practices, and other factors. Please review this Policy regularly for updates. If any changes are unacceptable to you, please discontinue your interaction with us. When required by applicable law, we will notify you of any Policy changes.

Definitions: Throughout this Policy, “You” or “Your” refers to the individual using or accessing the Service, or the company, or other legal entity on whose behalf such individual is using or accessing the Service. “Company” (referred to as “the Company”, “We”, “Us”, or “Our” in this Policy) refers to Rendair Corporation. “Usage Data” refers to data generated automatically through Service use or from the Service infrastructure itself (e.g., page visit duration).

Collection and Use of Your Personal Data

2.1. Types of Data Collected

2.1.1. Personal Data

While utilizing the Services, you may furnish certain personally identifiable information that could facilitate contact or identification. Such personally identifiable information may include, but is not limited to:

Your user name for the Services

Text or image prompts you input into the Services, or public chats you maintain on the service

Your IP address

Usage Data

Tracking Technologies and Cookies

Contact Information

Organizational Information such as your company title

Your Email

Cookies

Other data voluntarily submitted to Rendair

2.2. Use of Your Personal Data

Rendair may utilize Personal Data for the following purposes:

To provide, maintain, and enhance our Service, including monitoring Service usage.

To manage Your account: facilitating Your registration as a Service user. The Personal Data provided grants access to various Service functionalities available to registered users.

For contract performance: developing, complying with, and executing purchase contracts for products, items, or services acquired or contracted through the Service.

To communicate with You: contacting You via email, telephone calls, SMS, or other electronic means, including mobile application push notifications, concerning updates or informative communications related to Service functionalities, products, or contracted services, including necessary or reasonable security updates.

To provide news, special offers, and general information about goods, services, and events similar to those previously purchased or inquired about, unless You opt not to receive such information.

To handle Your requests: addressing and managing Your inquiries.

For business transfers: evaluating or conducting mergers, divestitures, restructurings, reorganizations, dissolutions, sales, or transfers of some or all of Our assets, whether as a going concern or part of bankruptcy, liquidation, or similar proceedings, where Personal Data held about Service users is among the transferred assets.

For other purposes: such as data analysis, identifying usage trends, assessing the efficacy of promotional campaigns, and enhancing Service, products, services, marketing, and user experience.

2.3. Sharing of Your Personal Data

We may share Your personal information under the following circumstances:

With Service Providers, Third-Party Vendors, Consultants, and other Business Partners: sharing personal information with these parties to provide services on our behalf, monitor and analyze service usage, and contact You.

For business transfers: sharing or transferring Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business by another company.

With Your consent: disclosing Your personal information for any other purpose with Your consent.

With Law Enforcement: under specific circumstances, Rendair may be obligated to disclose Your Personal Data as required by law or in response to valid requests by public authorities (e.g., a court or government agency). If we receive a Law Enforcement request for Your personal data, we will promptly notify You and provide You with a copy of the request, unless legally prohibited from doing so.

With Other Parties to:

Comply with a legal obligation

Protect and defend the Company’s rights or property

Prevent or investigate potential wrongdoing in connection with the Service

Safeguard the personal safety of Service users or the public

Protect against legal liability

2.4. Retention of Your Personal Data

Rendair will retain Your Personal Data only for as long as necessary for the purposes outlined in this Privacy Policy. We will retain and utilize Your Personal Data to the extent necessary to fulfill our legal obligations (e.g., retaining data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is typically retained for shorter periods, except when utilized to bolster security, enhance Service functionality, or comply with legal retention obligations.

2.5. Transfer of Your Personal Data

Your information, including Personal Data, is processed at Rendair’s operating offices and in other locations where processing parties are situated. This may involve transferring information to — and maintaining it on — computers located outside Your state, province, country, or other governmental jurisdiction, where data protection laws may differ from those in Your jurisdiction.

Your consent to this Privacy Policy, followed by Your submission of such information, signifies Your agreement to such transfers.

Rendair will undertake all reasonably necessary steps to ensure Your data is treated securely and in line with this Privacy Policy, with no transfers of Your Personal Data occurring to an organization or country unless adequate controls, including data and personal information security, are in place.

INFORMATION WE COLLECT/DISCLOSE

# Category Collected Disclosed
1 Identifiers. Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. YES YES
2 A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES YES
3 Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). NO NO
4 Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES NO
5 Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO NO
6 Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. NO NO
7 Geolocation data. Physical location or movements. NO NO
8 Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. YES (only images you upload to our services) NO
9 Professional or employment-related information. Current or past employment history or performance evaluations. NO NO
10 Education Information. Information that is not “publicly available personally identifiable information”. Includes education records directly related to a student maintained by an educational institution or party acting on its behalf, like grades, transcripts, class lists and student schedules, identification codes, financial information, or disciplinary records. NO NO
11 Inferences Conclusions that could be used to create a profile reflecting an individual’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, aptitude. YES YES

2.6. Security of Your Personal Data

While Rendair strives to utilize commercially acceptable means to safeguard Your Personal Data, please remember that no method of transmission over the Internet or electronic storage is entirely secure. We cannot guarantee absolute security for Your Personal Data.

Children's Privacy

Our Service is not intended for individuals under the age of 13. We do not knowingly collect personally identifiable information from anyone under 13 years of age. If You are a parent or guardian aware that Your child has provided Us with Personal Data, please contact Us. If We become aware of collecting Personal Data from anyone under 13 without parental consent verification, We will take steps to remove such information from Our servers.

If We need to rely on parental consent as a legal basis for processing Your child's information, and Your country mandates such consent, We may request Your parental consent before collecting and using that information.

SELLING INFORMATION

Rendair Corporation does not trade Your Personal Information, as defined under CCPA. Should we engage in such practices in the future, we will notify you, and you will have the opportunity to opt-out of such transactions.

YOUR RIGHTS AND CHOICES

The CCPA grants individuals whose Personal Information was collected, specific rights concerning their Personal information. Below outlines your rights and how you can exercise them.

Access to Specific Information and Data Portability Rights

You have the right to request that Rendair Corporation disclose certain details about our collection and utilization of your Personal Information over the past twelve (12) months. Once we receive and verify your information access request, we must disclose to you: (i) the categories of Personal Information we collected about you; (ii) the categories of sources for the Personal Information we collected about you; (iii) our business or commercial purpose for collecting or, if applicable, selling that Personal Information; (iv) the categories of third parties with whom we share that Personal Information; (v) the specific data points or pieces of Personal Information we collected about you. If we disclosed for a business purpose or sold your Personal Information, Rendair Corporation must also provide separate lists that: (x) identify the personal information categories that were sold to each category of recipient in connection with sales of your Personal Information; and (y) identify the personal information categories that were provided to each category of recipient in connection with business purposes disclosures of your Personal Information.

Deletion Request Rights

You have the right to request that Rendair Corporation delete any of your Personal Information that we collected from you and/or retained. Unless subject to a certain limited exception, once we receive and confirm your verifiable data deletion request, we will delete (and direct our service providers to delete) your personal information from our records. Rendair Corporation will notify you promptly if it determines it must deny your deletion request.

Do Not Sell Opt-Out Rights

You have the right to opt-out of any sales, as defined by the CCPA, of Personal Information by Rendair Corporation. However, Rendair Corporation does not engage in selling your information.

EXERCISING YOUR RIGHTS

To exercise your access, data portability, and deletion or do not sell opt-out rights described above, you may submit a verifiable consumer request by any of the following means: By email to hello@rendaircorp.com.

You may only make a verifiable consumer request for access or data portability up to two times within a 12-month period. You may make a verifiable do not sell opt-out request at any time. Any such request must: (i) provide sufficient information that allows Us to reasonably verify that you are the person about whom we collected personal information or an authorized representative thereof; and (ii) describe your request with sufficient detail such that we may understand, evaluate, and respond to it. Rendair Corporation cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with Rendair Corporation. Rendair Corporation will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

Response Timing and Format

We aim to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you in writing of the extension period and the reason for it. Rendair Corporation will deliver any required or requested responses or other communications in writing to you by email. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. If applicable, the response we provide will also explain any reasons we cannot comply with a request. For data portability requests, Rendair Corporation will provide your personal information in a format that is readily usable and transferable. Rendair Corporation does not charge a fee to process or respond to your verifiable consumer request unless such requests become excessive, repetitive, or manifestly unfounded or as otherwise permitted by the CCPA. If we determine that a request warrants charging a fee, we will notify you and provide you with a cost estimate before completing your request.

Contact Us

If you have any questions about this Policy, or would otherwise like to exercise your rights under this Policy or applicable law, you can contact us at hello@rendaircorp.com.

Work with us

Rendair Corporation
251 Little Falls Drive
City of Wellington, New Castle
19808, Delaware

Copyright 2021 Rendair
Rendair Corporation
251 Little Falls Drive
City of Wellington, New Castle
19808, Delaware
Copyright 2021 Rendair
Work with us

Rendair Corporation
251 Little Falls Drive
City of Wellington, New Castle
19808, Delaware
Copyright 2021 Rendair
Work with us

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