This Agreement is made between ThroughPuter, Inc. (“Provider”) and you, including any organization, affiliation or entity you work for or represent (“User"). User acknowledges and accepts these terms by using services identified as “Beta” by Provider, such as those made available via the www.estimatorlab.com website and Provider’s websites linking to it or linked from it ("the Beta Services").
User acknowledges that Provider may modify or suspend the Beta Services at any time.
The Beta Services are provided free of charge, and use of the Beta Services is entirely at User’s risk. Provider makes no representation or warranty concerning the accuracy or utility of any predictions or other output of the Beta Services. User understands that the quality of the output, including predictions, of the Beta Service is dependent on any training data provided by User. User further understands that the Provider does not and cannot provide any form of financial, investment or business or other form of advice, and that any estimations, predictions, or other output from the Beta Services are not intended to be used for any such purpose.
User further agrees that the Beta Services shall be used for evaluation purposes only. The Beta Services shall not be used, for instance, to inform or facilitate, or otherwise in connection with, any actual business transactions or operating activities.
User agrees to hold harmless and indemnify Provider, and its subsidiaries, affiliates, officers, directors, agents, employees, licensors, suppliers, or partners from and against any third party claims, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature arising from or in any way related to (a) the User’s use of the Beta Services, (b) the quality or character or the predictions produced by the Beta Services based on User’s data, or (c) User’s violation of applicable laws, rules or regulations in connection with the Beta Service, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
THE BETA SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE BETA SERVICES.
User or any third party enabled by User shall not copy, modify, create a derivative work of, reverse engineer, or otherwise attempt to discover any source code that is not expressly open-sourced by Provider. User acknowledges and agrees that the Beta Services may comprise, contain or involve proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. Provider retains all rights not expressly granted to User in this Agreement including all right, title, and interest in and to the Beta Services and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual property and proprietary rights.
Provider may update this Agreement without a notice.