Anthill Terms of Use

Effective Date / Last Updated: December 10, 2023

These Terms of Use or Terms and Conditions (“Terms” or “User Agreement”), together with the Anthill SaaS Agreement and Privacy Policy, govern your access to and use of www.anthill.co website and  application (the “Site”) and our employee communication technology (collectively, the "Product"), made available to you by Anthill AI, Inc. (“Anthill,”  “we,” “us,” or “our”). The terms of the SaaS Agreement are incorporated herein and form a part of the agreement between you and Anthill. THIS IS A BINDING AGREEMENT BETWEEN YOU AND ANTHILL. BY ACCESSING OR USING THE SITE  OR PRODUCT, OR BY CHECKING THE CONSENT BOX, YOU AGREE ON BEHALF OF YOURSELF AND  ANY ORGANIZATION THAT YOU REPRESENT (TOGETHER, "YOU" or “USER”) THAT YOU HAVE READ AND  UNDERSTAND THESE TERMS.  By using or registering for the Product, you agree to be bound by the terms and conditions set forth in this User Agreement and the SaaS Agreement. If you do not wish to be bound by the terms and conditions in this User Agreement and the SaaS Agreement, you may not access or use the Anthill Product.

WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE  IMMEDIATELY UPON POSTING TO THE SITE. BY ACCESSING OR USING THE PRODUCT AFTER  CHANGES ARE POSTED YOU AGREE TO THOSE CHANGES. MATERIAL CHANGES WILL BE  CONSPICUOUSLY POSTED TO THE SITE OR OTHERWISE COMMUNICATED TO YOU.  

1. Privacy Policy. We may collect certain information about you and about your use of  the Product as described in our Privacy Policy, which is incorporated into these Terms.  The Privacy Policy describes our information collection, use, and sharing practices. If  you do not agree to any terms in our Privacy Policy, do not access or use the Product.    
2. Content. The Product, including its text, audio, video, graphics, charts, photographs,  interfaces, icons, software, computer code, data, trademarks, logos, slogans,  documentation, other components and content, and the design, selection, and  arrangement of content, and all intellectual property rights in the foregoing  (collectively, the “Content”) are exclusively the property of Anthill or, as applicable, its  vendors or licensors. Except for the rights expressly granted to you in the next section,  Anthill reserves all other rights in and to the Product and Content, including all  intellectual property rights.  
3. Use Rights. Anthill grants to you a limited, non-transferable, non-exclusive,  terminable right to access and use the Product, so long as you comply with these  Terms, the Privacy Policy, the SaaS Agreement, all other terms posted throughout the Site as applicable to  you (if any), and all applicable laws. You may only use the Product and the Content  for their intended purposes for which they are made available to you by Anthill. You are prohibited from violating or attempting to violate the security of the  Product, including, without limitation, (a) accessing data not intended for such user  or logging onto a server or an account which the user is not authorized to access;  or (b) attempting to probe, scan or test the vulnerability of a system or network or  to breach security or authentication measures without proper authorization; or (c)  accessing or using the Product or any portion thereof without authorization, in  violation of these Terms of Use or in violation of applicable law.
   You may not use any scraper, crawler, spider, robot or other automated means of  any kind to access or copy data on the Product, deep-link to any feature or content  on the Product, bypass our robot exclusion headers or other measures we may use  to prevent or restrict access to the Product.
   Violations of system or network security may result in civil or criminal liability.  Company will investigate occurrences that may involve such violations and may  involve, and cooperate with, law enforcement authorities in prosecuting users who  are involved in such violations. You agree not to use any device, software or routine  to interfere or attempt to interfere with the proper working of the Product or any  activity being conducted on the Product.
   In the event access to the Product or a portion thereof is limited requiring a user ID  and password (“Protected Areas”), you agree to access Protected Areas using only  your user ID and password as provided to you by Company. You agree to protect the  confidentiality of your user ID and password, and not to share or disclose your user  ID or password to any third party. You agree that you are fully responsible for all  activity occurring under your user ID. Your access to the Product may be revoked by  Company at any time with or without cause. You agree to defend, indemnify and  hold Company harmless from and against all third party claims, damages and  expenses (including reasonable attorneys’ fees) against or incurred by Company  arising out of your breach of these Terms of Use or violation of applicable law, your  use or access of the Product, or access by anyone accessing the Product using your  user ID and password.
4. License to use our Product. Subject to the terms and conditions of the SaaS Agreement and payment of all applicable fees, Anthill grants to you a nontransferable license to use the  Product on devices that you own or control. Anthill reserves all rights in and to the  Product not expressly granted to you under this Agreement. The terms of this  Agreement will govern any content, materials, or services accessible from or purchased within the Product as well as upgrades provided by Anthill that replace or  supplement the original Product, unless such upgrade is accompanied by a new or  revised Agreement. Without our prior written permission, you may not distribute or  make the Product available over a network where it could be used by multiple  devices at the same time. You may not transfer, redistribute or sublicense the Product  and, if you sell your device to a third party, you must remove the Product from the  device before doing so. You may not copy (except as permitted by this license),  reverse-engineer, disassemble, attempt to derive the source code of, modify, or  create derivative works of the Product, any updates, or any part thereof (except as  and only to the extent that any foregoing restriction is prohibited by applicable law  or to the extent as may be permitted by the licensing terms governing use of any  open-sourced components included with the Product).
5. Location-Enabled Features. Certain location-enabled functionality made  available in the Product is provided by Google Inc., Apple Inc., and other third  party providers. Your use of that functionality may be subject to additional  terms and conditions (as updated from time-to-time):  http://www.google.com/intl/en-US_US/help/terms_maps.html and  https://www.apple.com/legal/internet-services/maps/terms-en.html. You  must exercise your own judgment as to the adequacy and appropriateness  of the information. All location-based information is provided entirely “as-is,”  without warranties of any kind.
6. Product Support; Functionality. All questions and requests relating to Product support  must be directed to Anthill. No third parties are responsible for providing support for  the Product and may not be contacted for support. We may change or remove  functionality and other features of the Product at any time, without notice.
7. Accuracy and Integrity of Information. Although Anthill attempts to ensure the  integrity and accuracy of the Product, it makes no representations, warranties or  guarantees whatsoever as to the correctness or accuracy of the Product and  Content thereon. It is possible that the Product could include typographical errors,  inaccuracies or other errors, and that unauthorized additions, deletions and  alterations could be made to the Product by third parties. In the event that an  inaccuracy arises, please inform Anthill so that it can be corrected. Anthill reserves  the right to unilaterally correct any inaccuracies on the Product without notice.  Information contained on the Product may be changed or updated without notice. Additionally, Anthill shall have no responsibility or liability for information or Content  posted to the Product from any non-Anthill affiliated third party.
8. User Generated Content, Reviews, Feedback, and other Postings to the Product. If you submit, upload or post any comments, ideas, suggestions, information, files,  videos, images or other materials to us or our Product (“User Generated Content”),  you agree not to provide any User Generated Content that (1) is defamatory, abusive,  libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or  harmful, or that could encourage criminal or unethical behavior, (2) violates or  infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual  property rights of any person or entity, or (3) contains or transmits a virus or any other  harmful component. You agree not to contact other users of the Product through  unsolicited e-mail, telephone calls, mailings or any other method of communication.  You represent and warrant to Anthill that you have the legal right and authorization  to provide all User Generated Content to Anthill for the purposes and Anthill’s use as  set forth herein. Anthill shall have a royalty-free, irrevocable, transferable right and  license to use the User Generated Content in whatever manner Anthill desires,  including without limitation, to copy, modify, delete in its entirety, adapt, publish,  translate, create derivative works from and/or sell and/or distribute such User  Generated Content and/or incorporate such User Generated Content into any form,  medium or technology throughout the world. Anthill is and shall be under no  obligation (1) to maintain any User Generated Content in confidence; (2) to pay to  you any compensation for any User Generated Content; or (3) to respond to any User  Generated Content.
   Anthill does not regularly review posted User Generated Content, but does reserve  the right (but not the obligation) to monitor and edit or remove any User Generated  Content submitted to the Product. You grant Anthill the right to use the name that  you submit in connection with any User Generated Content. You agree not to use a  false email address, impersonate any person or entity, or otherwise mislead as to the  origin of any User Generated Content. You are and shall remain solely responsible for  the content of any User Generated Content you make. Anthill and its affiliates take  no responsibility and assume no liability for any User Generated Content submitted  by you or any third party. You agree to defend, indemnify and hold Anthill harmless from and against all third  party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Anthill arising out of any User Generated Content you post or allow to  be posted to the Product.
9. Compliance with federal and state regulationsWithout limiting your obligations under the SaaS Agreement, this User Agreement and our Responsible Use Policy, the User agrees to comply with all provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations, at 47 CFR § 64.1200 et seq., the Federal Trade Commission’s Telemarketing Sales Rule, including the August 2008 Amendment at 16 CFR Part 310, and all other similar federal and state laws. The User agrees not to violate these or any other applicable consumer protection, marketing, telemarking, and anti-solicitation laws; and represents and warrants that its use of the Anthill Product will not violate these or other similar laws.User agrees that it is the sole responsibility of User to abide by any applicable federal and state laws with respect to use of Anthill Product(s). User understands and agrees that Anthill will not be held responsible for damages to the User or any third party incurred due to User's failure to abide by state and/or federal laws. You may visit the Federal Communications Commission Website at http://www.fcc.gov and the Federal Trade Commission Website at http://www.ftc.gov. Please refer to the appropriate State Attorney Generals office or other applicable offices for telemarketing rules and or regulations pertaining to your intended application and use of the Anthill Product.Without limiting your obligations under the above-referenced laws, you agree, represent, and warrant to Anthill that:The owners of the phone numbers you initiate messages to through the Anthill Product have consented or otherwise opted into the receipt of such messages as required by any applicable law or regulation; all messages sent through the Anthill Product are sent on your behalf, including automated messages, and you have obtained proper consent to send these messages;You will follow any calling/messaging time restrictions under Federal or State law that would be applicable to your use of the Services; andYou will provide required contact information in all messages by stating your organization’s name at the beginning of your message, and a phone number at which your organization can be reached at the end of your message.
10. No Spam and Consent to DamagesAnthill will immediately terminate or suspend any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam, other unsolicited messaging activities, or any calling in violation of our Responsible Use Policy or this User Agreement. Activities such as sending spam or other unsolicited messages can cause harm to Anthill (and our customer base) in numerous ways including, but not limited to, damaging the Anthill brand name, damaging our reputation for delivering relevant messages, damaging our reputation for privacy, damaging our ability to attract and retain customers, and damaging other consumers, customer and business goals, activities, or relationships. Anthill retains sole responsibility and discretion for calculating losses; because these and other damages are often difficult to quantify if actual damages cannot be reasonably calculated by Anthill; then you agree to pay Anthill liquidated damages of $5.00 for each piece of spam or unsolicited message transmitted from or otherwise connected with your Anthill account; otherwise, you agree to pay Anthill's actual damages, to the extent such actual damages can be reasonably calculated by Anthill.Without limiting the generality of the foregoing, User acknowledges and agrees that the Anthill messaging and communication Products are intended for non-commercial, non-marketing, informational and/or employment related messages and content (“Messages”) to be sent by User to its employees. User acknowledges that it is solely responsible for and is the sender of all Messages, utilizing the Anthill Product to facilitate the transmission and delivery of such Messages.User represents and warrants that it has provided all necessary notices to employees, and as obtained all necessary consents and authorizations from employees, with respect to sending and receiving Messages through the Anthill Product.
11. Your ConductAs a condition of your use of the Anthill Product, you agree and warrant to Anthill that you will not use the Anthill Product, or allow others to use the Anthill Product under your account, for any purpose that is unlawful or prohibited by the User Agreement and our Responsible Use Policy. You may not use, or allow others to use, the Anthill Product in any manner that could damage, impair, disable or overburden the Anthill Product, interfere in any way with Anthill’s rights, or otherwise infringe on any person's rights.Specifically, you agree and warrant to Anthill that:You will not use or attempt to use, the Anthill Product to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, indecent, objectionable, or invasive of another person's privacy or proprietary rights;You will not use, or attempt to use, the Anthill Product in connection with any junk messages, spamming or messages that are duplicative or unsolicited in nature;You will not send, or attempt to send, messages to emergency lines, to any health care facility or similar establishment, to numbers assigned to radio common carrier services or to any service for which the called party is charged for the call;You will not transmit, or attempt to transmit, any material that may infringe the contractual, fiduciary, intellectual property rights, or other rights of third parties, including trademark, copyright or the right of publicity;You will not initiate marketing text messages or prerecorded telemarketing calls, or any message that is part of a plan, program or campaign to induce the purchase of goods or services or a charitable contribution when using the Anthill Product;You will not initiate political text messages or prerecorded political calls using the Anthill Product. This includes any message designed to support or oppose a political campaign or issue, or that solicits a contribution to any non-profit organization;You will not use the Anthill Product to initiate any calls or text messages to recipients if you have obtained their contact information from a third-party list provider;You will not use the Anthill Product to initiate any text message or phone call to recipients unless you have received the necessary consent and provided any necessary disclosures related to any message you initiate using Anthill’s messaging service;You will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Anthill, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message;You will not resell, or attempt to resell, the use of the Anthill Product without the express, prior written consent/permission from Anthill;You will not collect, or attempt to collect, or store information about the Anthill Product or other users, including contact information, without their consent;You will not interfere, or attempt to interfere, with or disrupt connections to the Anthill Product or violate the regulations, policies or procedures of such connections;You will not attempt to gain unauthorized access to the Product, other accounts, computer systems or networks connected to the Product, through password/PIN mining or any other means, and;You agree and Anthill retains the right, at its sole discretion, to determine whether or not User’s conduct is consistent with the letter and spirit of the User Agreement. Anthill may immediately terminate User’s Anthill account if User’s conduct is found to be inconsistent with this User Agreement.
12. Telephone Transmission and ChargesAnthill transmits and receives text messages via other major telecommunications carriers and mobile network operators, and thus Anthill’s influence over the timing of the receipt or transmission of your messages is within the technical constraints imposed upon Anthill. While we will use commercially reasonable efforts to further transmit your messages to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transmission of your messages and broadcasts across the telephone network and/or the Internet. You may contact Anthill for a current list of covered downstream carriers and geographic destinations. Anthill is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Anthill for any such non-deliveries.Anthill is not responsible for any charges that you may incur from another carrier to access the Anthill Product, nor is Anthill responsible for any charges the recipients of your messages may incur from their carriers.
13. Registration Information You agree, as a condition of your use of the Anthill Product, to provide Anthill with accurate and complete information when registering for or using the Anthill Product, and to update and maintain such information. Anthill has the right to suspend, restrict or terminate your use of the Anthill Product and to refuse any future use of all or portions of the Anthill Product if Anthill at any time and for any reason, including but not limited too if Anthill has reason to believe that you have failed to comply with the requirements in this section.
14. Minimum AgeIf you are under the age of eighteen, you are prohibited from using or registering for the Anthill Product. By using or registering for the Anthill Product, you warrant to Anthill that you are above the age of eighteen.
15. Remove Phone NumberIf members of your group do not wish to receive messages, you may notify Anthill of your request for the removal of a telephone number from your messaging list by sending an e-mail to support@anthill.co or by writing to Anthill, 111 W Illinois Street, Suite 500, 522 Chicago, IL 60654. When you send a request you need to include your first name, last name, and telephone number that you want to be removed. You are ultimately responsible for ensuring that anyone requesting do-not-call status is removed from your calling/messaging lists.
16. Claims of Copyright Infringement.

We disclaim any responsibility or liability for copyrighted materials posted on our  Product. If you believe that your work has been copied in a manner that constitutes  copyright infringement, please follow the procedures set forth below. Anthill respects the intellectual property rights of others and expects its users to do  the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will  respond promptly to notices of alleged infringement that are reported to Anthill’s  Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Product
If you are a copyright owner, authorized to act on behalf of one, or authorized to act  under any exclusive right under copyright, please report alleged copyright  infringements taking place on or through our Product by sending us a notice  ("Notice") complying with the following requirements.  

1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing  activity) and that access to which is to be disabled, including at a minimum,  if applicable, the URL of the link shown on the Product where such material may  be found.
3. Provide your mailing address, telephone number, and, if available, email  address.
4. Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of  the copyrighted material is not authorized by the copyright owner, its  agent, or the law (e.g., as a fair use).""I hereby state that the information in this Notice is accurate and, under  penalty of perjury, that I am the owner, or authorized to act on behalf of  the owner, of the copyright or of an exclusive right under the copyright  that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Copyright Agent: ATTN: LEGAL 111 W. Superior Street, Suite 500, 522Chicago, IL 60654
6. Use of Marks. Anthill owns certain trademarks, names, logos, insignia, or service  marks (“Marks”). You do not have the right to use any Marks except as expressly  agreed to in writing by Anthill. In addition, the Product may contain third-party marks  and third-party copyrighted materials, which are the property of their respective  owners. Nothing in these Terms grants to you any rights in or to those third-party  marks or materials without such third-party's consent.  
7. Intellectual Property Rights. The Product and Content are protected by copyright,  trademark, and other intellectual property laws. Any unauthorized use of any  trademarks, trade dress, copyrighted materials, or any other intellectual property  belonging to Anthill or any third party is strictly prohibited and may be prosecuted to  the fullest extent of the law.  
8. Compliance with Laws. In connection with your access to and use of the Product, you  are responsible for complying with all applicable laws, regulations, and rules of all  relevant jurisdictions, including all applicable rules regarding online conduct.  
9. Children's Information. The Product is not directed at children under the age of  sixteen (13) years old. If you are under sixteen (16) years old, you must immediately  stop using the Product.
10. Viruses. You must use up-to-date, commercially standard, anti-virus software on  any computer or device used by you to access the Product. We are not liable for any virus you might receive from our Product or links on our Product, and you access our Product at your sole risk.  
11. Accounts. When you set up an account to use the Product, we will collect your name,  e-mail address, job title, current team name, and your supervisor’s name. You must  acknowledge and agree to these Terms to create an account. You must provide  accurate information when setting up an account and keep all account information  current.
    You are responsible for maintaining the confidentiality of your password and  account. You are fully responsible for all uses of your password and account,  including any unauthorized use. You agree to: (a) keep your password confidential  and not share it with anyone else, and (b) immediately notify us of any unauthorized  use of your password or account. You acknowledge and agree that we are authorized to act on instructions received  through use of your password and account, and that we may, but are not obligated  to, deny access or block any transaction made through use of your password or  account without prior notice if we believe your password and account are being used  by someone other than you, or for any other reason. When you register an account with us, you will be prompted to give your consent to  our processing of your personal data. By indicating your consent, you expressly  authorize Anthill to collect and process your personal data consistent with the  purposes described in our Privacy Policy.
12. Restrictions on Your Use of the Product.
    • You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify,  translate, adapt, reverse-engineer, or create derivative works of the Product or  Content without Anthill’s prior written consent.
    • You will not use the Product for unlawful purposes.
    • You will not submit inaccurate, incomplete, or out-of-date information via the  Product, commit fraud or falsify information in connection with your use of the  Product.
    • You will not engage in data mining or similar data gathering or extraction  activities from the Product. You will not use the Product to harvest email  addresses, names, or other information of the users of the Product or to spam  other users of the Product. • You will not access, use, or copy any portion of the Product or Content, through  the use of indexing agents, spiders, scrapers, bots, web crawlers, or other  automated devices or mechanisms.
    • You will not use the Product to post, transmit, input, upload, or otherwise  provide any information or material that contains any viruses, worms, Trojan  horses, malware, ransomware, adware, or other harmful computer code that  may disable, damage, impair, or otherwise interfere with the Product, the  servers used to make the Product available, or any other network, computers,  hardware, software or systems.
    • You will not engage in activities that aim to render the Product or associated  services inoperable or to make their use more difficult.
    • You may not frame, mirror, or circumvent the navigational structure of any  part of the Product. • You may not upload, distribute, transmit, or post anything to or through the  Product that: (i) is fraudulent, libelous, obscene, pornographic, indecent,  violent, offensive, hate speech, harassing, threatening, defamatory, harms  another person, or the like; (ii) invades the privacy of another or includes the  confidential or proprietary information of another; or (iii) is protected by  intellectual property rights without the express prior written consent of the  owner of such intellectual property rights. • You may not engage in any conduct while using the Product that Anthill considers inappropriate, unauthorized, or contrary to the intended purpose of  the Product.
13. Feedback and Other Content Submitted By You. If you submit comments or feedback  to us regarding the Product or its Content, or any other comments, questions,  requests, content or information that is not personal information ("Feedback"), we may use any comments and feedback that you send us in our discretion and without  attribution or compensation to you.  
14. Social Media. Links to Anthill's social media pages (e.g., Facebook and LinkedIn) are  included on the Site ("Social Media Pages"). Because anyone may post or tag on  Social Media Pages, posts do not necessarily reflect Anthill's views. We reserve the  right to remove anything from our Social Media Pages, in our sole discretion. We may  also take steps to block users from access to our Social Media Pages who violate  these Terms. If we follow, like, re-tweet, favorite, share, or re-post an individual's  content on our Social Media Pages, that is not an endorsement of that third party or  any service or company they represent.  
15. NO WARRANTY. THE PRODUCT AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND  WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY  APPLICABLE LAW, ANTHILL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH  RESPECT TO THE PRODUCT AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT  LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE,  SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.
    ANTHILL MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON  THE PRODUCT IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE  GUARANTEED. ANTHILL DOES NOT WARRANT OR GUARANTEE THE QUALITY,  COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE PRODUCT OR CONTENT. ANTHILL  DOES NOT WARRANT OR GUARANTEE THAT THE PRODUCT OR CONTENT WILL BE  UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE PRODUCT OR CONTENT WILL  BE CORRECTED, OR THAT THE PRODUCT OR THE SERVERS THAT MAKE THE PRODUCT  AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.
    WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR  ENDORSE ANY THIRD-PARTY CONTENT.  
16. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO  EVENT WILL ANTHILL OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS,  REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR  LICENSORS (TOGETHER, “ANTHILL PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT,  SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE,  ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PRODUCT OR CONTENT, REGARDLESS  OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING  NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF AN ANTHILL  PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.

YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE PRODUCT  OR CONTENT.  

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE  ANTHILL PARTIES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR CONTENT,  OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PRODUCT OR  CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL  PURPOSE.  

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN  DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO  YOU.
28. INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE ANTHILL  PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS,  ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS  (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR  IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF  THE PRODUCT OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER  TERMS ON THE PRODUCT. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO  ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY  YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
29. Third-Party Websites and Content. The Site may link to, or be linked to, websites not  maintained or controlled by Anthill. Those links are provided as a convenience to the  visitors of our Site. Anthill is not responsible for examining or evaluating the content  or accuracy of third-party websites linked through the Site. Anthill does not warrant  or endorse any third-party website or any products or services made available  through those websites. When leaving the Site, it is the terms and privacy policy of  that third party that govern your use of the third-party site (and such third-party's  use of your personal information), not these Terms. The Site also contains certain third-party Content. We provide third-party content  for your convenience, not as an endorsement. The presence of third-party Content  does not mean that Anthill has reviewed the third-party Content or that there is any  association between Anthill and any third party. You access third-party Content at  your sole risk. Anthill has no responsibility for any third-party Content. Nothing in  these Terms grants you any rights to any third-party Content.

30. Linking to the Site. You are prohibited from linking to this Site on your website or  elsewhere without the prior express written consent of Anthill. If Anthill grants you a  right to link to this Site, certain terms may apply, and Anthill reserves the right to  revoke such consent at any time. You are responsible for any costs incurred by Anthill in enforcing its rights under this Section.  
31. Use in the United States. The Product intended for use in the United States only. We  do not guarantee that use of the Product will be available or permitted in any location  other than the United States. If you choose to access the Product from a location  other than the United States, you do so at your own risk.
    THE EXISTENCE OF THE PRODUCT OR ANY CONTENT SHALL NOT BE CONSTRUED AS ANTHILL  OR THE ANTHILL PARTIES OFFERING SUCH PRODUCT OR CONTENT TO PERSONS IN  JURISDICTIONS WHERE THE PROVISION OF SUCH PRODUCT OR CONTENT IS PROHIBITED  BY LAW.  
32. Termination. If you violate applicable laws or these Terms, you are immediately  prohibited from further use of the Product or Content, and we may restrict your  access to the Product or Content. Anthill may suspend or terminate the Product or  any Content, in whole or in part, at any time in its sole discretion for any reason. Anthill shall not be liable to you or anyone else for any damages arising from or related to  Anthill's suspension or termination of your access to the Product or the Content, or in  the event Anthill modifies, discontinues or restricts the availability of the Product or  the Content (in whole or in part).
33. Product Unavailability. Without limiting the generality of the previous section, the  Product or Content may be unavailable or limited for various reasons, and we shall  not be liable to you for any such unavailability, including without limitation  (a) hardware, software, server, network, or telecommunications failures, (b) severe  weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc.,  (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious  intrusion.
34. Cooperation with Law Enforcement. Anthill will cooperate with law enforcement if  you are suspected of having violated applicable laws. YOU WAIVE AND HOLD ANTHILL  AND THE ANTHILL PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF  YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION  OF APPLICABLE LAWS.  
35. Disputes. These Terms, and your access to and use of the Product, are governed by  the laws of the State of Georgia, without regards to its conflict of laws principles.  Venue is exclusively in the state or federal courts, as applicable, located in Atlanta,  Georgia. The parties expressly agree to the exclusive jurisdiction of those courts. Any  cause of action or other claim brought by you with respect to the Product or Content  must be commenced within one year after the cause of action or claim arises.  
36. Terms Applicable to New Jersey Customers. No provision in these Terms shall apply  to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii)  products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform  Commercial Code, or (v) failure to reasonably protect against harm arising from  certain criminal acts of third parties (e.g., computer hacking and identity theft). The  provisions of these Terms concerning the exclusion or limitation of certain damages  are not applicable in New Jersey with respect to statutory damages, punitive  damages, loss of data, and loss of or damage to property. Anthill reserves all rights,  defenses, and permissible limitations under the laws of New Jersey and under the  laws of your state of residence.  
37. Assignment. We may assign our rights and delegate our duties under these Terms  at any time to any party without notice to you. You may not assign your rights or  delegate your duties under these Terms without our prior written consent. These  Terms inure to the benefit of Anthill’s successors and assigns.  
38. Entire Agreement. These Terms (User Agreement), the SaaS Agreement, and the Privacy Policy, and any terms posted throughout  the Product (if any) are the entire agreement between you and Anthill with respect  to your access to and use of the Product. In the event of a conflict between these Terms, the SaaS Agreement, and/or our Privacy Policy, the SaaS Agreement will control, provided that our Privacy Policy will control matters and issues relating to the collection, use, and sharing of personal information.  
39. Waiver. Anthill’s failure to enforce any provision of these Terms will not constitute a  waiver of that provision or any other provision. Any waiver of any provision of these  Terms will be effective only if in writing and signed by Anthill.  
40. Severability. If any provision of these Terms is held invalid, void, or unenforceable,  that provision will be severed from the remaining provisions and the remaining  provisions will remain in full force and effect. The headings in these Terms are for  convenience only and do not affect the interpretation of these Terms.  
41. Contact Us. Please direct any questions and concerns regarding these Terms to us  at:

AnthillAI, Inc. www.anthill.co info@anthillai.com

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