Terms of Service
These Terms of Service ("Terms") form a binding agreement between you ("you" or "User") and SolutionJet Inc., a Florida corporation ("SolutionJet," "we," "our," or "us"), governing your access to and use of the websites, applications, APIs, datasets, dashboards, newsletters, embedded widgets, and related services that we operate under the Arboryx brand or any of its sector publications, including without limitation arboryx.ai, the Catalyst Knowledge Graph property (including its current Robotics deep-analysis surface), and any successor or related properties (collectively, the "Services"). The Services cover the following sectors: Robotics, Crypto, AI Stack, Space & Defense, Power & Energy, and Strategic Minerals.
By accessing or using the Services in any manner, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.
1. Eligibility
The Services are intended for users who are at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater) and who are legally able to enter into a binding contract. By using the Services you represent and warrant that you meet these requirements and that your use of the Services does not violate any applicable law or regulation, including any restrictions imposed by the country, state, or organization from which you access the Services.
2. Changes to the Services or Terms
We may modify, suspend, or discontinue any part of the Services at any time, with or without notice, and without liability to you or any third party. We may also revise these Terms from time to time by posting an updated version on the Services. Changes are effective when posted. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Services.
3. Accounts
Some features may require you to create an account or be issued credentials (such as an API key). You are responsible for (a) maintaining the confidentiality of your credentials, (b) all activities that occur under your account or credentials, and (c) promptly notifying us of any unauthorized use. We may suspend, restrict, or terminate your account or credentials at any time in our sole discretion, with or without notice.
4. License to Use the Services
Subject to your continuous compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial information purposes. No other license or right is granted, by implication or otherwise. All rights not expressly granted are reserved.
5. User Content
If you submit feedback, suggestions, reports, messages, or other content to us through the Services or by any other means ("User Content"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the User Content in any media and for any purpose, without compensation to you. You represent and warrant that you have all rights necessary to grant this license.
6. Acceptable Use
You agree not to (and not to permit any third party to):
- Use the Services in any manner that violates any applicable law, regulation, or third-party right.
- Scrape, crawl, harvest, mass-download, or otherwise systematically extract data from the Services other than via APIs we expressly make available and within any documented rate limits.
- Reverse engineer, decompile, or disassemble any portion of the Services, except to the extent applicable law expressly prohibits this restriction.
- Probe, scan, or test the vulnerability of any system or network associated with the Services without our prior written authorization.
- Interfere with or disrupt the Services or any servers or networks connected to them, including by introducing viruses, malware, or other harmful code.
- Attempt to gain unauthorized access to any portion of the Services or any other accounts, systems, or networks.
- Use the Services to develop a competing product or to train any machine learning model except with our prior written consent.
- Remove, obscure, or alter any proprietary notices on the Services.
- Use the Services in any way that, in our sole judgment, could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services.
We may investigate and take any action we deem appropriate in response to violations of this Section 6, including blocking offending IP addresses, revoking credentials, and cooperating with law enforcement.
7. Intellectual Property
The Services, including all text, graphics, logos, icons, images, audio, video, software, code, datasets, layouts, designs, "look and feel," compilations, and derivative works thereof (the "Materials"), are owned by or licensed to SolutionJet and are protected by United States and international copyright, trademark, trade secret, and other intellectual-property laws. Except for the limited license in Section 4, no rights in or to the Materials are granted to you. "Arboryx," "Arboryx.ai," "Catalyst Knowledge Graph," and the related logos and designs are trademarks or service marks of SolutionJet or its affiliates.
8. Third-Party Content and Data
The Services may surface, link to, embed, summarize, or analyze content, data, news, and tools provided by third parties (the "Third-Party Content"). SolutionJet does not own, control, endorse, verify, or guarantee the accuracy, completeness, timeliness, or reliability of any Third-Party Content, and is not responsible or liable for any Third-Party Content or for the practices of any third party. Your interactions with third parties are solely between you and the third party.
9. No Professional Advice
Nothing in the Services is intended as, or shall be construed as, (a) an offer or solicitation to buy or sell any security, commodity, derivative, digital asset, or other financial instrument, (b) a recommendation to enter into any transaction, or (c) personalized advice of any kind. SolutionJet is not a broker-dealer, investment adviser, futures commission merchant, commodity trading advisor, attorney, accountant, or other regulated professional, and the Services are not registered with the U.S. Securities and Exchange Commission, the Commodity Futures Trading Commission, FINRA, NFA, or any other regulatory body in such capacity.
Markets are volatile. You are solely responsible for your own decisions and for evaluating the merits and risks associated with the use of any information provided through the Services before making any decision based on such information. Past performance is not indicative of future results. You should consult your own qualified, licensed advisors before making any financial, legal, tax, or other decisions.
10. Fees, Trials, and Subscriptions
Some features of the Services may be offered for a fee or on a subscription basis. If you sign up for a paid feature, you agree to pay all applicable fees and taxes. Unless expressly stated otherwise, fees are non-refundable, subscriptions auto-renew until cancelled, and free trials convert to paid subscriptions unless cancelled before the trial ends. We may change fees prospectively upon notice; continued use after the change constitutes acceptance.
11. Disclaimer of Warranties
The Services, the Materials, and all Third-Party Content are provided "as is," "as available," and "with all faults," without warranty of any kind, express, implied, or statutory.
To the maximum extent permitted by applicable law, SolutionJet and its officers, directors, employees, agents, affiliates, licensors, and service providers (collectively, the "SolutionJet Parties") expressly disclaim all warranties, including without limitation warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, timeliness, reliability, currency, availability, security, quiet enjoyment, and any warranties arising from course of dealing, course of performance, or trade usage.
Without limiting the foregoing, the SolutionJet Parties make no warranty that: (a) the Services will meet your requirements; (b) the Services will be uninterrupted, secure, error-free, virus-free, or available at any particular time or location; (c) any data, content, or analysis provided through the Services is accurate, complete, current, or reliable; (d) any defect will be corrected; or (e) your use of the Services will produce any particular result.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, such warranties are disclaimed and limited to the maximum extent permitted by applicable law.
12. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall any of the SolutionJet Parties be liable to you or any third party for any indirect, incidental, special, exemplary, consequential, or punitive damages, including without limitation lost profits, lost revenue, lost data, loss of goodwill, loss of business opportunity, trading losses, investment losses, business interruption, procurement of substitute services, or any other damages,
arising out of or in connection with the Services, the Materials, any Third-Party Content, your use of (or inability to use) any of the foregoing, or these Terms, whether based on contract, tort (including negligence), strict liability, statute, or any other legal theory, and whether or not the SolutionJet Parties have been advised of the possibility of such damages.
The aggregate liability of the SolutionJet Parties to you for all claims arising out of or relating to the Services or these Terms shall not exceed the greater of (a) the amount you have paid to SolutionJet for use of the Services during the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).
You acknowledge and agree that the foregoing limitations are an essential basis of the bargain between you and SolutionJet and that, absent these limitations, SolutionJet would not provide the Services to you.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full. In that case, the liability of the SolutionJet Parties shall be limited to the maximum extent permitted by applicable law.
13. Indemnification
You agree to indemnify, defend, and hold harmless the SolutionJet Parties from and against any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, judgments, awards, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your access to or use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any law or any right of any third party; or (e) any decision you make or action you take or refrain from taking in reliance on the Services or any Materials or Third-Party Content. SolutionJet may, at its option, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with SolutionJet's defense.
14. Binding Arbitration and Class-Action Waiver
14.1 Agreement to arbitrate
Except as provided in Section 14.4, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your relationship with SolutionJet (a "Dispute") shall be resolved exclusively by final and binding arbitration, rather than in court, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (or its Commercial Arbitration Rules if your use of the Services is commercial). The arbitration shall be conducted by a single arbitrator. The seat of the arbitration shall be Miami-Dade County, Florida, though the arbitrator may permit document-only or telephonic proceedings where consistent with applicable rules. Judgment on the award may be entered in any court of competent jurisdiction. This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).
14.2 Class-action waiver
You and SolutionJet each agree that any Dispute will be brought in an individual capacity only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class, collective, or representative proceeding. If a court decides that this class-action waiver is unenforceable, then to the maximum extent permitted by law the class-action proceeding shall be heard in court rather than in arbitration, and the remaining provisions of this Section 14 shall remain in effect.
14.3 Jury-trial waiver
To the maximum extent permitted by law, you and SolutionJet each waive any constitutional or statutory right to a jury trial in connection with any Dispute, whether the Dispute is heard in arbitration or in court.
14.4 Carve-outs
Notwithstanding Section 14.1, either party may: (a) seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights; (b) bring an individual action in small-claims court for claims within that court's jurisdiction so long as the action remains there; and (c) participate in any government-agency proceeding.
14.5 30-day opt-out
You may opt out of this Section 14 by sending written notice to [email protected] within 30 days of your first acceptance of these Terms, stating your full name, the email address (if any) associated with your account, and a clear statement that you wish to opt out of the arbitration agreement. Opting out does not affect any other provision of these Terms.
15. Governing Law and Venue
These Terms and any Dispute (including non-contractual disputes or claims) are governed by the laws of the State of Florida, United States of America, without regard to its conflict-of-laws principles. Subject to Section 14, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida for any matter not subject to arbitration. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
16. Termination
We may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, with or without notice and without liability to you. Upon termination, the license granted to you in Section 4 ends, and Sections 5, 7, 9, 11 through 15, and 18 will survive in accordance with their terms.
17. Export Controls and Sanctions
You agree to comply with all applicable U.S. and non-U.S. export-control and economic-sanctions laws. You represent and warrant that you are not located in, and are not a national or resident of, any country or region subject to comprehensive U.S. sanctions, and that you are not listed on any U.S. government list of prohibited or restricted parties.
18. Miscellaneous
- Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and SolutionJet regarding the Services and supersede all prior or contemporaneous understandings.
- Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
- No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
- No agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship.
- Force majeure. We will not be liable for any failure or delay in performance due to causes beyond our reasonable control.
- Notices. Notices to us must be sent to [email protected]. Notices to you may be sent to any email address associated with your account or posted on the Services.
- Headings. Section headings are for convenience only and have no legal effect.
19. Contact
SolutionJet Inc.
Attn: Legal
Email: [email protected]