Redcoat Terms of Service
Effective date: November 27, 2023
These Terms of Service (“Terms”) govern your access to and use of our Services, including our apps that analyze and classify communications and contacts, notifications, and our various website service (the “Redcoat Services”), and our other services that link to these Terms (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded to the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
1. Introduction
You are responsible for your use of the Services. Messaging content you submit through Services is private and will not be shared with other users of the Services. This content will be used by Redcoat to train algorithms to detect and classify different types of Content. You may use the Services only if you can form a binding contract with Redcoat and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may not use the Service if you are under the age of 13 (or the minimum legal age for personal data sharing in your jurisdiction, e.g. Spain 14+, South Korea 14+, etc), If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Redcoat provides are always evolving and the form and nature of the Services that Redcoat provides may change from time to time without prior notice to you. In addition, Redcoat may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
2. Privacy
Any information that you or other users provide to Redcoat is subject to our privacy policy which is available on our website, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Redcoat. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.
3. Registration
In order to access certain features of the Service, you must register. When you register with Redcoat, you can do so directly using your mobile phone number. Also, when you register, you agree to:(i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms on the Service (the "Registration Data"). You represent and warrant that all of your Registration Data is accurate, current and complete. Redcoat cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
4. Your Rights
You retain your rights to any Content you submit through the Services. By submitting Content through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content, in particular, we will process the information for the purposes of training machine learning models to understand and classify the safety and category of the Content you submit.
You agree that this license includes the right for Redcoat to provide, promote, and improve the Services and to make Content submitted, with any personally identifying information removed, available to other companies, organizations or individuals who partner with Redcoat for the analysis of communication and providing security services.
Such additional uses by Redcoat, or other companies, organizations or individuals who partner with Redcoat, may be made with no compensation paid to you with respect to the Content that you submit through the Services.
Redcoat will not be responsible or liable for any use of your Content by Redcoat in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
5. Your License To Use the Services
Redcoat gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Redcoat as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Redcoat, in the manner permitted by these Terms.
6. Redcoat Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Redcoat and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Redcoat name or any of the Redcoat trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Redcoat, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
7. Ending These Terms
The Terms will continue to apply until terminated by either you or Redcoat as follows.
You may end your legal agreement with Redcoat at any time for any or no reason by sending an e-mail to support@redcoat.ai to deactivate your accounts and discontinuing your use of the Services. You do not need to specifically inform Redcoat when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the registered contact information for your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 6, 7, 8, and 9.
Nothing in this section shall affect Redcoat’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
8.Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Redcoat and its subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Redcoat Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE REDCOAT ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Redcoat Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Redcoat Entities or through the Services, will create any warranty or representation not expressly made herein.
B. Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Redcoat Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Redcoat Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RECOAT ENTITIES 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, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE REDCOAT ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID REDCOAT, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE REDCOAT ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
9. General Terms
A. Waiver and Severability
The failure of Redcoat to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Santa Clara County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
C. Entire Agreement
These Terms, any other terms you enter into with Redcoat for additional service and our Privacy Policy are the entire and exclusive agreement between Redcoat and you regarding the Services (excluding any services for which you have a separate agreement with Redcoat that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Redcoat and you regarding the Services. Other than members of the group of companies of which Recoat AI, Inc. is the parent, no other person or company will be third party beneficiaries to the Terms.
We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Terms are an agreement between you and Redcoat AI, Inc., 251 Little Falls Dr Wilmington, DE 19808, United States. If you have any questions about these Terms, please contact at support@redcoat.ai