End User License Agreement and Terms of Use
Effective Date: April 17, 2026
This End User License Agreement and Terms of Use (the "Agreement") is entered into by and between RESTYN INC d/b/a RIVALMARK, a Maryland corporation with its principal place of business in Owings Mills, Maryland, USA ("RivalMark," "we," "us," or "our"), and the person or entity accepting this Agreement ("you" or "Customer").
This Agreement governs your access to and use of rivalmark.ai and all related websites, dashboards, applications, APIs, reports, alerts, models, software, data products, documentation, and services made available by RivalMark (collectively, the "Service").
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AN INDEMNITY, BINDING INDIVIDUAL ARBITRATION, AND A CLASS ACTION WAIVER. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.
1. Acceptance of Agreement
1.1 By clicking "I agree," registering an account, placing an order, accessing, or using the Service, you agree to be bound by this Agreement.
1.2 If you accept this Agreement on behalf of a company or other legal entity, you represent and warrant that you have full authority to bind that entity, and "you" includes that entity and its authorized users.
1.3 If you do not agree to this Agreement, you must not access or use the Service.
2. Eligibility; Intended Use; Authorized Users
2.1 You must be at least eighteen (18) years old and legally able to enter into contracts.
2.2 The Service is intended for lawful business and professional use. You may permit your employees and contractors to access the Service solely on your behalf and for your internal business purposes, provided that you remain fully responsible for their acts and omissions.
2.3 The Service is not intended to be used, and you may not use it:
- (a) as a consumer reporting service or investigative consumer reporting service;
- (b) to determine eligibility for employment, credit, insurance, housing, education, benefits, lending, underwriting, healthcare, legal representation, or other regulated decisions about natural persons;
- (c) as a substitute for professional legal, financial, investment, accounting, tax, compliance, cybersecurity, or other regulated advice; or
- (d) in any manner that violates applicable law, regulation, court order, contractual restriction, fiduciary duty, confidentiality obligation, or third-party right.
2.4 You represent and warrant that you are not located in, organized in, ordinarily resident in, or acting on behalf of any person or entity in a jurisdiction subject to comprehensive U.S. sanctions, and that you are not listed on any U.S. government restricted-party list.
3. Definitions
For purposes of this Agreement:
3.1 "Customer Content" means prompts, queries, instructions, uploaded files, URLs, notes, data, text, images, and other content or materials submitted, transmitted, or made available by you or your authorized users to or through the Service.
3.2 "Output" means any report, summary, score, ranking, table, alert, chart, recommendation, extraction, synthesis, citation list, answer, or other result generated or returned by the Service.
3.3 "RivalMark Materials" means the Service and all software, models, taxonomies, prompts, system instructions, templates, methodologies, workflows, benchmarks, documentation, compilations, trade dress, visual interfaces, and other materials provided by or on behalf of RivalMark, excluding Customer Content.
3.4 "Third-Party Materials" means any third-party data, websites, content, services, software, models, APIs, tools, documents, or materials referenced by, integrated with, or surfaced through the Service.
4. Account Registration; Credentials; Security
4.1 You must provide accurate, current, and complete registration and billing information, and you must promptly update it if it changes.
4.2 You are solely responsible for:
- (a) all activity occurring under your account or credentials;
- (b) maintaining the confidentiality of your login credentials, API keys, and access tokens; and
- (c) ensuring that only authorized users access the Service.
4.3 You must promptly notify RivalMark at support@rivalmark.ai of any suspected or actual unauthorized use of your account, credentials, or the Service.
4.4 RivalMark may rely on any instructions, actions, consents, and transactions taken through your account.
5. Subscriptions; Fees; Taxes; Auto-Renewal
5.1 Certain features of the Service require payment of subscription fees, usage fees, overage fees, implementation fees, or other charges as described on the Service, an order form, or checkout page.
5.2 Unless otherwise stated, all fees are:
- (a) stated and payable in U.S. dollars;
- (b) non-cancelable and non-refundable; and
- (c) exclusive of taxes, duties, levies, tariffs, and similar governmental charges, all of which are your responsibility other than taxes on RivalMark's net income.
5.3 If you provide a payment method for recurring charges, you authorize RivalMark and its payment processors to charge that payment method automatically at the beginning of each renewal term and for any overages, add-ons, taxes, or other amounts due.
5.4 Unless otherwise stated at purchase, paid subscriptions automatically renew for successive periods equal to the initial term unless canceled before the renewal date through the Service or by notice to support@rivalmark.ai.
5.5 RivalMark may suspend or terminate access to the Service for nonpayment, chargeback activity, failed payment, or reasonably suspected fraud.
5.6 Free trials, promotional credits, and beta access may be modified, limited, or terminated by RivalMark at any time, with or without notice, and may be subject to additional terms.
6. License Grant
6.1 Subject to your ongoing compliance with this Agreement and payment of all applicable fees, RivalMark grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription term to:
- (a) access and use the Service for your internal business purposes; and
- (b) use, reproduce, and internally circulate Output generated for your account for your internal business purposes.
6.2 This is a license, not a sale. No ownership rights are transferred to you.
6.3 No implied licenses are granted. All rights not expressly granted are reserved by RivalMark and its licensors.
7. Customer Content; Data Rights; Feedback
7.1 As between you and RivalMark, you retain whatever rights you may have in Customer Content, subject to the rights granted in this Agreement.
7.2 Except as expressly stated in a signed order form, data processing addendum, or privacy policy applicable to your account, you grant RivalMark and its affiliates, contractors, subprocessors, and service providers a worldwide, non-exclusive, sublicensable, royalty-free right to host, store, reproduce, transmit, display, parse, ingest, normalize, translate, modify, create derivative works from, analyze, combine, use, and otherwise process Customer Content for the purposes of:
- (a) providing, operating, maintaining, supporting, and securing the Service;
- (b) monitoring, preventing, and investigating abuse, fraud, security incidents, and violations of this Agreement;
- (c) quality assurance, debugging, testing, analytics, auditing, and support;
- (d) improving, developing, tuning, evaluating, and training the Service and related technologies; and
- (e) complying with law, enforcing this Agreement, and protecting RivalMark's rights, users, and systems.
7.3 You acknowledge and agree that:
- (a) the Service may use automated systems, including machine learning and generative AI;
- (b) Customer Content may be processed by third-party service providers and model providers; and
- (c) de-identified, aggregated, telemetry, and usage data may be collected and used by RivalMark for any lawful business purpose.
7.4 You represent and warrant that:
- (a) you have all rights, permissions, authorizations, and legal bases necessary to submit Customer Content and to grant the rights above;
- (b) Customer Content and your use of it through the Service do not and will not infringe, misappropriate, violate, or breach any third-party right, law, contract, or duty; and
- (c) you will not submit Customer Content that you are not legally permitted to disclose or have processed as contemplated by this Agreement.
7.5 Unless RivalMark expressly agrees otherwise in writing, you must not submit to the Service:
- (a) protected health information subject to HIPAA;
- (b) payment card data subject to PCI DSS;
- (c) children's personal data;
- (d) government-issued ID numbers or highly sensitive authentication credentials;
- (e) export-controlled technical data;
- (f) classified information; or
- (g) other highly sensitive or regulated data inappropriate for a general commercial AI service.
7.6 If you provide suggestions, ideas, feedback, enhancement requests, or recommendations relating to the Service ("Feedback"), you grant RivalMark a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use and exploit Feedback for any purpose without restriction or compensation.
8. Output; Reports; Source Material; No Exclusivity
8.1 The Service generates Output using automated and AI-assisted processes, and may also ingest, summarize, or reference Third-Party Materials.
8.2 You acknowledge and agree that Output may be inaccurate, incomplete, misleading, biased, stale, non-unique, unavailable, or inappropriate for your intended use case, and that RivalMark does not warrant or guarantee any Output.
8.3 Similar or identical Output may be generated for RivalMark, you, or other users. RivalMark does not represent or warrant that any Output is unique, exclusive, protectable, or available for exclusive exploitation.
8.4 Subject to Section 6, you may use Output internally for lawful business purposes. Unless RivalMark expressly agrees in writing, you may not:
- (a) sell, sublicense, publish, distribute, repost, or commercially exploit Output externally;
- (b) use Output to create or enrich any standalone database, index, benchmark, commercial data product, or competing service;
- (c) use Output to train, fine-tune, ground, or improve any machine learning or artificial intelligence system; or
- (d) remove RivalMark notices, source notices, disclaimers, or attribution metadata from Output.
8.5 Any citations, links, source references, or attributions included in Output are provided for convenience only. RivalMark does not warrant that they are correct, complete, current, or sufficient for your purposes.
8.6 RivalMark may modify at any time the models, data sources, scoring criteria, ranking methodologies, templates, taxonomies, prompts, and presentation formats used by the Service.
9. Restrictions; Acceptable Use
You shall not, and shall not permit any third party to:
9.1 use the Service or any Output in violation of any law, regulation, court order, or third-party right;
9.2 use the Service to obtain, infer, exploit, trade on, publish, or operationalize:
- (a) unlawfully acquired trade secrets;
- (b) material nonpublic information;
- (c) unlawfully intercepted communications;
- (d) data obtained through unauthorized access, scraping, credential misuse, or circumvention; or
- (e) information the use of which would violate confidentiality, privacy, securities, competition, unfair competition, computer crime, wiretap, stalking, harassment, export, or intellectual property laws;
9.3 use the Service to create, facilitate, or support fake reviews, deceptive endorsements, impersonation, fraud, social engineering, blackmail, harassment, doxxing, stalking, discriminatory profiling, surveillance of natural persons, or unlawful targeting;
9.4 use the Service for employment, housing, credit, insurance, education, benefits, healthcare, legal, or other high-risk or regulated decision-making affecting natural persons;
9.5 upload, transmit, or process malware, malicious code, spyware, destructive content, or content intended to disrupt, damage, or gain unauthorized access to any system;
9.6 reverse engineer, decompile, disassemble, probe, scan, benchmark, test, copy, scrape, harvest, or attempt to derive source code, model weights, embeddings, prompts, system instructions, underlying datasets, or non-public functionality of the Service, except to the extent such restriction is prohibited by law;
9.7 access or use the Service to build, train, evaluate, benchmark, validate, market, or improve a competing product or service;
9.8 use robots, crawlers, scraping tools, scripts, or automated means to access the Service other than through expressly authorized APIs and documentation;
9.9 interfere with or disrupt the Service or circumvent any rate limit, seat limit, access control, security measure, usage restriction, billing control, or geographic restriction;
9.10 share credentials between unrelated users, resell access, use the Service as a service bureau, or provide time-sharing or outsourced access to third parties without RivalMark's prior written consent;
9.11 remove, alter, obscure, or falsify proprietary notices, usage logs, disclaimers, or source references; or
9.12 represent any Output as verified fact, human-authored research, legal advice, or professional advice without independent review by appropriately qualified personnel.
10. Third-Party Services and Materials
10.1 The Service may rely on or interoperate with Third-Party Materials. RivalMark does not control and is not responsible for Third-Party Materials.
10.2 Your use of Third-Party Materials may be subject to separate terms, licenses, and privacy policies between you and the relevant third party.
10.3 RivalMark may add, remove, suspend, or replace any Third-Party Materials, integrations, model providers, or data sources at any time without liability.
11. Privacy; Monitoring; Sensitive Data
11.1 RivalMark's Privacy Policy is incorporated into this Agreement by reference.
11.2 You acknowledge that the Service is a commercial online service, not a records repository or secure vault, and that internet transmissions and cloud services are never completely secure.
11.3 RivalMark may monitor use of the Service for security, support, compliance, quality assurance, billing, abuse prevention, and service improvement purposes, but RivalMark has no duty to monitor.
11.4 RivalMark may preserve, access, and disclose information if RivalMark reasonably believes doing so is necessary to:
- (a) comply with law or legal process;
- (b) enforce this Agreement;
- (c) detect, prevent, or respond to fraud, security, or technical issues; or
- (d) protect the rights, property, safety, systems, users, or public of RivalMark or others.
12. Intellectual Property; Ownership; Reservation of Rights
12.1 As between the parties, RivalMark owns and retains all right, title, and interest in and to the Service and all RivalMark Materials, including all intellectual property rights therein.
12.2 Except for the limited rights expressly granted under this Agreement, no rights are granted to you by implication, estoppel, exhaustion, or otherwise.
12.3 You shall not contest, challenge, or assist others in challenging RivalMark's ownership or rights in the Service or RivalMark Materials.
12.4 RivalMark may use your name, logo, and trademarks in a customer list only if expressly agreed in writing.
13. Suspension; Termination; Survival
13.1 RivalMark may suspend, restrict, or terminate your access to all or any part of the Service immediately, with or without notice, if RivalMark determines, in its sole discretion, that:
- (a) you breached this Agreement;
- (b) your use presents a security risk, fraud risk, legal risk, or reputational risk;
- (c) you failed to pay fees when due;
- (d) your use may harm RivalMark, the Service, users, third parties, or the public; or
- (e) suspension or termination is necessary to comply with law or a request from a governmental authority.
13.2 You may stop using the Service at any time. If you cancel a paid subscription, cancellation takes effect at the end of the current paid term unless otherwise stated at purchase.
13.3 Upon expiration or termination:
- (a) your rights under this Agreement immediately cease;
- (b) you must stop using the Service; and
- (c) RivalMark may delete or disable access to Customer Content and account data, except that RivalMark may retain copies for backups, legal compliance, dispute resolution, security, fraud prevention, and evidentiary purposes.
13.4 If RivalMark terminates a paid subscription without cause and not due to your breach, RivalMark will refund any prepaid fees covering the unused portion of the then-current paid term as your sole and exclusive remedy for such termination.
13.5 Sections that by their nature should survive will survive termination, including Sections 5, 7, 8, 9, 10, 11.4, 12, 13.3, 14, 15, 16, 17, 18, 19, 20, 21, and 22.
14. Changes to the Service and this Agreement
14.1 RivalMark may modify, suspend, or discontinue any part of the Service at any time, including features, functionalities, pricing, models, rate limits, providers, data sources, and availability.
14.2 RivalMark may amend this Agreement from time to time. Unless otherwise stated, changes become effective upon posting or on the stated effective date.
14.3 If RivalMark makes a material change to this Agreement affecting future use of the Service, RivalMark will provide commercially reasonable notice, such as by email, in-product notice, or posting on the Service. If you do not agree to the revised Agreement, your sole remedy is to stop using the Service and cancel before the revised terms take effect. Your continued access to or use of the Service after the effective date constitutes acceptance of the revised Agreement.
15. DISCLAIMERS
15.1 EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH IN A SIGNED ORDER FORM OR ANY WARRANTY THAT CANNOT LAWFULLY BE DISCLAIMED, THE SERVICE, OUTPUT, REPORTS, ALERTS, RIVALMARK MATERIALS, THIRD-PARTY MATERIALS, AND ALL RELATED SOFTWARE, DATA, ANALYSES, MODELS, SCORES, RANKINGS, AND RESULTS ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."
15.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, RIVALMARK AND ITS AFFILIATES, LICENSORS, SUPPLIERS, PROVIDERS, AND SERVICE PARTNERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY THAT THE SERVICE, OUTPUT, OR RIVALMARK'S EFFORTS WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
15.3 RIVALMARK DOES NOT WARRANT THAT THE SERVICE OR ANY OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, LAWFUL FOR YOUR USE CASE, NON-MISLEADING, UNINTERRUPTED, ERROR-FREE, SECURE, AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15.4 YOU ACKNOWLEDGE THAT THE SERVICE MAY GENERATE OR SURFACE FALSE, INCOMPLETE, OUTDATED, OR OTHERWISE DEFECTIVE CONTENT, INCLUDING CITATIONS, LINKS, SOURCES, SUMMARIES, RANKINGS, OR RECOMMENDATIONS. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY REVIEWING, VALIDATING, AND VERIFYING ALL OUTPUT BEFORE RELYING ON OR ACTING ON IT.
15.5 THE SERVICE IS NOT LEGAL, INVESTMENT, TAX, ACCOUNTING, COMPLIANCE, ANTITRUST, CYBERSECURITY, OR OTHER PROFESSIONAL ADVICE, AND RIVALMARK IS NOT ACTING AS YOUR LAWYER, INVESTMENT ADVISER, BROKER, ACCOUNTANT, AUDITOR, OR FIDUCIARY.
15.6 No oral or written information or advice given by RivalMark or its representatives will create any warranty not expressly stated in a signed writing.
16. Indemnification
16.1 You will defend, indemnify, and hold harmless RivalMark, its affiliates, and their respective officers, directors, employees, contractors, licensors, suppliers, and agents (collectively, the "RivalMark Parties") from and against any and all claims, actions, demands, investigations, suits, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
- (a) your or your authorized users' access to or use of the Service, Output, or Third-Party Materials;
- (b) Customer Content;
- (c) your violation of this Agreement;
- (d) your violation of applicable law or third-party rights;
- (e) your misuse of competitive intelligence, trade secrets, confidential information, or regulated data; or
- (f) any allegation that Customer Content, or RivalMark's authorized use of Customer Content, infringes, misappropriates, or violates any third-party right or law.
16.2 RivalMark may assume exclusive control of the defense and settlement of any indemnified matter, and you will cooperate fully. You may not settle any indemnified matter without RivalMark's prior written consent unless the settlement fully releases the RivalMark Parties, imposes no admission of liability or obligation on any RivalMark Party, and does not restrict any RivalMark Party.
17. LIMITATION OF LIABILITY
17.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY RIVALMARK PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, ANTICIPATED SAVINGS, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE RIVALMARK PARTIES ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO RIVALMARK FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
17.3 THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17.4 Nothing in this Agreement limits liability to the extent such limitation is prohibited by law.
17.5 The limitations in this Section 17 do not limit:
- (a) your payment obligations;
- (b) your indemnification obligations;
- (c) your liability for fraud, willful misconduct, infringement, misappropriation, unauthorized access, or violation of Section 9; or
- (d) either party's right to seek injunctive or equitable relief as expressly permitted by this Agreement.
18. Dispute Resolution; Arbitration; Class Action Waiver
18.1 Informal Resolution First. Before commencing arbitration or litigation, the complaining party must send a written notice of dispute to the other party describing the claim and requested relief. Notices to RivalMark must be sent to notices@rivalmark.ai with a copy to RIVALMARK, 300 Red Brook Blvd, Suite 220, Owings Mills, MD 21117. The parties will attempt in good faith to resolve the dispute informally for thirty (30) days.
18.2 Binding Arbitration. Except for disputes eligible for small claims court and claims for injunctive or equitable relief relating to intellectual property, confidential information, unauthorized access, fraud, or misuse of the Service, any dispute, claim, or controversy arising out of or relating to this Agreement or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA). If the dispute qualifies as a consumer arbitration under AAA rules, the applicable consumer rules will apply; otherwise, the commercial rules will apply. The arbitration will be conducted by one arbitrator in English, with the seat of arbitration in Baltimore County, Maryland, unless the parties agree to remote proceedings.
18.3 Federal Arbitration Act. The Federal Arbitration Act governs the interpretation and enforcement of this Section 18.
18.4 Individual Basis Only. YOU AND RIVALMARK AGREE THAT ALL DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING.
18.5 Class Action Waiver. To the maximum extent permitted by law, the arbitrator may not consolidate more than one person's claims, may not preside over any class or representative proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.
18.6 Batch Arbitration. If twenty-five (25) or more substantially similar individual demands are filed against RivalMark by or with the assistance of the same or coordinated law firms or organizations, RivalMark may elect batch arbitration procedures reasonably designed to promote efficiency, provided that each claimant's claim remains individual and no class or representative relief is sought.
18.7 Opt-Out. You may opt out of this Section 18 by sending written notice to notices@rivalmark.ai within thirty (30) days after first accepting this Agreement. Your opt-out notice must include your full legal name, account email, company name if any, and a clear statement that you opt out of arbitration. Opting out of arbitration will not affect any other part of this Agreement.
18.8 Small Claims; Injunctive Relief. Either party may bring an individual action in small claims court if it qualifies. Either party may seek temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened misuse of the Service, infringement, misappropriation, breach of confidentiality, fraud, or unauthorized access.
18.9 If any part of this Section 18 is found unenforceable as to a particular claim or remedy, the remainder will remain in effect to the maximum extent permitted by law, and such claim or remedy will be resolved by a court of competent jurisdiction as set forth in Section 19.
19. Governing Law; Venue
19.1 This Agreement and any dispute arising out of or relating to it or the Service are governed by the laws of the State of Maryland, USA, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 18.
19.2 The United Nations Convention on Contracts for the International Sale of Goods does not apply.
19.3 For any dispute not subject to arbitration, and subject to Section 18, the parties irrevocably consent to the exclusive jurisdiction and venue of:
- (a) the state courts located in Baltimore County, Maryland; and
- (b) the federal courts located in the District of Maryland.
19.4 EACH PARTY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY LITIGATION PERMITTED UNDER THIS AGREEMENT.
20. Export Controls; Sanctions
20.1 You may not use, export, re-export, release, transfer, or otherwise make available the Service or any related software, technology, or Output in violation of U.S. export control laws, sanctions laws, or other applicable export or import laws.
20.2 You represent and warrant that you are not prohibited from receiving the Service under applicable export control or sanctions laws.
21. Electronic Communications; Notices
21.1 You consent to receive all notices, disclosures, agreements, invoices, updates, and other communications from RivalMark electronically, including by email, in-product message, dashboard notice, or posting on the Service.
21.2 Electronic communications satisfy any legal requirement that such communications be in writing.
21.3 You are responsible for keeping your email address and contact information current.
21.4 Legal notices to RivalMark under this Agreement must be sent to notices@rivalmark.ai and RIVALMARK, 300 Red Brook Blvd, Suite 220, Owings Mills, MD 21117. Routine support questions should be sent to support@rivalmark.ai.
22. Miscellaneous
22.1 Entire Agreement. This Agreement, together with any order form, privacy policy, acceptable use policy, DPA, or other terms expressly incorporated by reference, constitutes the entire agreement between you and RivalMark regarding the Service and supersedes all prior or contemporaneous understandings relating to the Service.
22.2 Order of Precedence. If you and RivalMark enter into a signed order form, master services agreement, or similar written agreement, that signed agreement will control over this Agreement to the extent of any direct conflict.
22.3 Assignment. You may not assign, delegate, or transfer this Agreement, by operation of law or otherwise, without RivalMark's prior written consent. RivalMark may assign this Agreement freely, including in connection with a merger, acquisition, financing, corporate reorganization, or sale of assets.
22.4 No Waiver. RivalMark's failure to enforce any provision is not a waiver of its right to do so later.
22.5 Severability. If any provision is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be enforced to the maximum extent permitted.
22.6 Force Majeure. RivalMark is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including internet outages, acts of God, natural disasters, labor disputes, war, terrorism, civil unrest, epidemics, pandemics, governmental actions, sanctions, utility failures, hosting failures, cloud or model-provider outages, denial-of-service attacks, or failures of suppliers or third-party services.
22.7 Independent Contractors. The parties are independent contractors. This Agreement does not create any partnership, joint venture, agency, employment, franchise, or fiduciary relationship.
22.8 No Third-Party Beneficiaries. Except for the RivalMark Parties under Sections 16 and 17, there are no third-party beneficiaries to this Agreement.
22.9 Interpretation. Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation."
22.10 English Language. The English-language version of this Agreement controls to the extent any translated version conflicts.
23. Intellectual Property Complaints; DMCA
23.1 If you believe that any content or material available through the Service infringes your intellectual property rights, send a notice to RivalMark's designated contact at notices@rivalmark.ai and RIVALMARK, 300 Red Brook Blvd, Suite 220, Owings Mills, MD 21117 with sufficient detail to investigate the claim.
23.2 RivalMark may remove or disable access to allegedly infringing material and may suspend or terminate repeat infringers.
24. Contact Information
RESTYN INC d/b/a RIVALMARK 300 Red Brook Blvd Suite 220 Owings Mills, MD 21117
- Email: support@rivalmark.ai
- Legal Notices: notices@rivalmark.ai
- Billing: support@rivalmark.ai
- Privacy: notices@rivalmark.ai