Terms of Service

These Terms of Service ("Terms") govern your access to and use of the websites, applications, APIs, and services (collectively, the "Services") provided by MediaBloom, Inc. ("MediaBloom," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

If you do not agree to these Terms, do not use the Services.

You must be at least 18 years old and capable of forming a binding contract to use the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at info@mediabloom.us of any unauthorized access.

Paid Services are billed in advance on a subscription basis according to your order form. Fees are non-refundable except as expressly stated. You authorize us to charge your payment method for recurring fees. Prices exclude taxes, which you are responsible for paying except where we are legally required to collect them.

You retain all rights in the data, prompts, documents, and other content you submit to the Services ("Customer Content"). You grant MediaBloom a limited, non-exclusive, worldwide license to host, process, transmit, and display Customer Content solely to provide and improve the Services for you, and to comply with legal obligations. Customer Content is not used to train foundation models.

You agree not to: (a) violate any applicable law or third-party rights; (b) use the Services to send spam, malware, or content that is unlawful, harassing, or infringing; (c) attempt to reverse engineer, disrupt, or gain unauthorized access to the Services; (d) use the Services to build a competing product; or (e) exceed usage limits or circumvent technical restrictions.

We may suspend accounts engaged in material or repeated violations of this Section.

The Services use machine learning models that generate outputs from your inputs. Outputs may be inaccurate, incomplete, or inappropriate for your use case. You are responsible for evaluating outputs and their fitness for your purpose. Do not rely on outputs as a substitute for professional advice (legal, medical, financial, or otherwise). You are responsible for complying with any sector-specific rules that apply to your use of the outputs.

The Services, including all software, models, documentation, and trademarks, are owned by MediaBloom and its licensors and are protected by intellectual property laws. We grant you a limited, non-transferable, non-exclusive right to use the Services during the term and in accordance with these Terms.

The Services may integrate with third-party products ("Third-Party Services"). Your use of Third-Party Services is governed by the terms and privacy policies of those providers. We are not responsible for Third-Party Services and do not warrant their availability, security, or performance.

Each party will protect the other party's confidential information with the same degree of care it uses to protect its own, and in no event less than reasonable care. Confidential information excludes information that is publicly available, already known without obligation of confidentiality, or independently developed.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEXORA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT OUTPUTS WILL BE ACCURATE OR RELIABLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXORA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO NEXORA FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

You will defend, indemnify, and hold harmless MediaBloom and its affiliates from any third-party claims, damages, liabilities, costs, and expenses arising out of your Customer Content, your use of the Services in violation of these Terms, or your violation of applicable law.

These Terms remain in effect until your subscription ends or is terminated. Either party may terminate for material breach that is not cured within 30 days of written notice. We may suspend or terminate the Services immediately if required by law, to prevent harm, or if you materially breach the Acceptable Use Section. Upon termination, your right to use the Services ceases; provisions that by their nature should survive will survive.

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. The state and federal courts located in Delaware have exclusive jurisdiction over any disputes, except that either party may seek equitable relief in any competent court. The parties waive any right to a jury trial and to participate in a class action.

We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms and, where appropriate, by email or in-product notice. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

Questions about these Terms? Email info@mediabloom.us or write to MediaBloom, Inc., Attn: Legal, 11000 W McNichols Rd, Suite 323-1122, Detroit, MI 48221, USA.