These Terms govern your access to and use product and services we provide as Abra Innovations Inc. doing business as (DBA) Effectiv through our website(s), web application(s), and APIs accessible at effectiv.ai and *.effectiv.ai (collectively, “Services”). Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”).
1. Who’s Who
2. Your Access, Account, and License
3. Fees and Payments
You or the entity will be responsible for paying agreed-upon fees as per terms in the signed agreement for access to Effectiv Services. All payments are non-refundable and non-transferable except as agreed in the signed agreement. If your agreement covers automatic renewal, your subscription to our services will automatically renew, unless terminated or cancellation notice as per the agreement terms.
4. Minimum Age Requirements
Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 16. If you use our Services, you represent that you’re at least 16. You may use our Services only if you can legally form a binding contract with us.
5. Responsibility of Users
We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, and computer software) uploaded to or made available through our Services by users or entities (“Content”) or on websites that link to, or are linked from, our Services. It’s in good faith that no objectionable content is used and all the liabilities are with users and entities for such cases. Objectionable Content includes but is not limited to (1) infringes other patents, trademarks, trade secrets, private information, or intellectual property; (ii) is misappropriated, false, or fraudulent (iii) is vulgar, pornographic, or defamatory (iv) violates any conduct, any applicable law or may result into a civil liability. Please refer to General Representation and Warranty beyond the use of Objectionable Content.
6. General Representation and Warranty
Our mission is to truly democratize fraud prevention, and our Services are developed to give you more control over your fraud prevention efforts. We encourage you to use our Services, subject to a few requirements but not limited to below. In particular, you represent and warrant that your use of our Services:
- Will be in strict accordance with the Agreement;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not impersonate your affiliation with any person or entity;
- Will not violate any applicable law or regulations;
- Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Will not disclose the personal information of others;
- Will not abuse, harass, stalk or threaten or violate legal rights of any of the other use of Effectiv Services or employees, contractors, or providers of Effectiv.
- Will not use the Effectiv name, any trademark, logo, designs, or any other proprietary information without explicit written consent from Effectiv
- Will not interfere with, disrupt, or attack any service or network;
- Will not attempt to scan, test or probe the vulnerability of any Effectiv Services;
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Effectiv Services and its providers or any related technology that is not open-source; and
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
7. Intellectual Property
The Agreement doesn’t transfer any Effectiv or third-party intellectual property to you, and all rights, title, and interest in and to such property remains (as between Effectiv and you) solely with Effectiv. Effectiv, Abra Innovations Inc., and all other trademarks, service marks, graphics, specification, components, functionality, pricing (if applicable), and logos used in connection with our websites or Services are considered the confidential and proprietary information of Effectiv. Other trademarks, service marks, scripts, graphics, and logos used in connection with our Services may be the trademarks of Effectiv or other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Effectiv or third-party trademarks.
You or the entity shall retain all rights, title, and interest in all data and content made available by you to Effectiv in the purview of its use of Effectiv Services. By using Effectiv Services you acknowledge and grant Effectiv a worldwide, non-exclusive license without any royalty to use your data for purpose of building models, generating and using insights, maintaining and improving the Effectiv services.
9. Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in Santa Clara County.
10. Arbitration Agreement
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Santa Clara, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
11. Limitation of Liability
In no event will Effectiv, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts or the license fees paid by you to Effectiv under the Agreement during the twelve (12) month period prior to the cause of action. Effectiv shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to defend, indemnify and hold harmless Effectiv, its contractors, its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, and any Data that you share.
13. Digital Millennium Copyright Act Notice
If you believe that Effectiv Services infringes your copyright(s), please notify us by submitting a Digital Millennium Copyright Act Notice (DMCA) notice. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyrighted work claimed to have been infringed;
- A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit Effectiv to find and positively identify that material. For example, we require a link to the specific accessible web URL (not just the name of the page or section) that contains the material and a description of which specific portion of the service – an image, a link, the text, etc. your complaint refers to;
- Your name, address, telephone number, and email address;
- A statement that you have a good faith belief that use of the the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You can send your complaint only DMCA notices to our designated agent (we prefer email: [email protected]):
Designated Copyright Agent Abra Innovations Inc. 355 Bryant Street, Suite 403 San Francisco, CA 94107, USA
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Effectiv and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Effectiv may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
Our Services are provided “as is.” Effectiv and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Effectiv, nor its suppliers and licensors, make any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you access our Services at your own discretion and at risk.