Terms of Use

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION OF YOUR ACCESS TO OR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY AND, WHERE IT APPLIES, THE DATA PROCESSING ADDENDUM (EACH DEFINED BELOW) (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to these Terms, then you do not have our permission to use the Site. YOUR USE OF THE SITE, AND CANAN AI’S PROVISION OF THE SITE TO YOU, CONSTITUTES AN AGREEMENT BY CANAN AI AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 12 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND CANAN AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. You may opt out of arbitration as described in Section 12(c) (Opt-Out).

1. Overview.

The Site provides information about Canan AI and its products and services. Content on the Site is provided for general informational purposes only. Descriptions of our products, services, features, pricing, performance, benchmarks, and plans may change without notice, are not an offer or a commitment to deliver any product or feature, and do not form part of any separate agreement unless that agreement expressly says so. Some content on the Site may be created with the help of artificial intelligence tools and may contain errors. Nothing on the Site is legal, financial, or other professional advice.

2. Eligibility.

You must be at least 18 years old to access or use the Site. By accessing or using the Site, you represent and warrant to us that: (a) you are at least 18 years old; (b) your access to and use of the Site is in compliance with any and all applicable laws and regulations; and (c) you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions, and you are not identified on, or owned or controlled by any party identified on, any U.S. government list of prohibited or restricted parties. If you are accessing the Site on behalf of an entity, organization, or company, then (i) “you” will refer to that entity, organization, or company and (ii) the individual accessing or using the Site on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

3. Licenses

(a) Limited License.

Subject to your complete and ongoing compliance with these Terms, Canan AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely for your personal, non-commercial use or for your internal business purpose of learning about and evaluating Canan AI’s products and services.

(b) License Restrictions.

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) use the Site for any illegal purpose or in violation of any local, state, national, or international law; (ii) infringe, misappropriate, or violate any intellectual property rights in or to the Site, including by reproducing, distributing, publicly displaying, or publicly performing the Site and all Materials (defined below) thereon; (iii) make modifications to the Site; (iv) interfere with or circumvent any feature of the Site, including any security or access control mechanism, or interfere with a user’s enjoyment of the Site; (v) probe, scan, or test the vulnerability of the Site or any related system or network; (vi) introduce any virus, malware, or other harmful code to the Site; (vii) place an unreasonable or disproportionately large load on the Site or its infrastructure, including through denial-of-service attacks or excessive automated requests; (viii) reverse engineer or otherwise attempt to discover the source code of the proprietary software powering any portion of the Site; (ix) use, or permit or facilitate others to use, the Site by automated electronic processes, “robots,” “spiders,” “scrapers,” “webcrawlers,” or other computer programs that monitor, copy, or download data or other content found on or accessed through the Site, whether current or archival, except that operators of public search engines may, in accordance with our robots.txt file, use spiders to copy materials from the Site solely to create publicly available, searchable indices of the Site (but not caches or archives); (x) use the Site or any Materials, in whole or in part, to develop, train, fine-tune, or improve any artificial intelligence or machine learning model, or to build a product or service that competes with Canan AI; (xi) remove, obscure, or alter any proprietary rights notice on the Site; (xii) impersonate any person or entity, misrepresent your affiliation with any person or entity, or submit false or misleading information through the Site; or (xiii) send or submit through the Site any content that is harassing, threatening, abusive, defamatory, obscene, hateful, or otherwise objectionable, or any unsolicited advertising, promotional material, chain letters, or other spam.

(c) Information You Submit.

Do not submit any information or other materials through the Site that you consider confidential or proprietary. You represent and warrant that you have all rights, notices, and consents necessary to submit any information you provide through the Site, including any personal data about other individuals. Subject to the DPA where it applies, you grant Canan AI a non-exclusive, worldwide, royalty-free license to use, reproduce, and process the information you submit through the Site to respond to you, to operate and improve the Site, and as otherwise described in the Privacy Policy. If you submit personal data about other individuals through the Site on behalf of an organization, our Data Processing Addendum (the “DPA”) applies to that personal data.

(d) Feedback.

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site or to Canan AI’s products or services (“Feedback”), then you do so on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence) and you hereby grant Canan AI an unrestricted, perpetual, irrevocable, non-exclusive, fully paid-up, royalty-free, transferable, sublicensable right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services, without any obligation or compensation to you.

(e) Reporting Violations.

If you believe someone is violating these Terms or misusing the Site, please email us at security@cananai.com. We may investigate any suspected violation and take any action we consider appropriate, including deleting submitted content, blocking access to the Site, and reporting conduct to law enforcement. We are not obligated to monitor the Site or to act on any report.

(f) Security Research.

If you discover a security vulnerability in the Site, please report it to security@cananai.com. Testing that complies with this Section 3(f) is not a violation of Section 3(b)(v), and Canan AI will not bring a legal claim against you for it, provided that you: (i) act in good faith and test only the Site at cananai.com and its subdomains, and not any other Canan AI product, service, or system or any third party’s systems; (ii) do not access, copy, modify, or delete any data belonging to others beyond the minimum necessary to demonstrate the vulnerability, and stop testing and report to us immediately if you encounter personal data or confidential information; (iii) do not degrade or disrupt the Site or any other user’s access to it, and do not use denial-of-service testing, high-volume automated scanning, social engineering, phishing, or physical attacks; (iv) report the vulnerability to us promptly, with enough detail for us to reproduce it; (v) give us a reasonable time to fix the vulnerability before disclosing it to anyone else, and coordinate any public disclosure with us; (vi) do not demand payment or anything else of value in exchange for reporting, withholding, or not disclosing the vulnerability; and (vii) comply with all applicable laws. Canan AI does not offer payment, rewards, or other compensation for vulnerability reports. This Section 3(f) does not authorize testing of any third party’s systems and does not bind any third party. If you are unsure whether your planned testing complies with this Section 3(f), contact us at security@cananai.com before you begin.

4. Ownership; Proprietary Rights.

The Site is owned and operated by Canan AI. The visual interfaces, graphics, designs, compilations, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) are protected by intellectual property and other laws. All Materials included in the Site are the property of Canan AI or its third-party licensors. Except as expressly authorized by Canan AI, you may not use the Materials. Canan AI’s name, logos, and other product and service names, designs, and slogans are trademarks of Canan AI and may not be used without our prior written permission. All other trademarks appearing on the Site are the property of their respective owners. Canan AI reserves all rights to the Materials not granted expressly in these Terms.

5. Linked Websites.

The Site may contain links to third-party websites. Third-party websites are not under Canan AI’s control, and Canan AI is not responsible for their content, products, services, or privacy practices. A link to a third-party website does not imply Canan AI’s endorsement of it. Your use of any third-party website is at your own risk and subject to that website’s terms and policies.

6. Modification of these Terms.

We reserve the right to change these Terms on a going-forward basis at any time. When we do, we will update the “Last updated” date above and may provide additional notice, such as by posting a notice on the Site. You agree to be bound by the most current version of these Terms each time you access or use the Site. Except as expressly permitted in this Section 6 (Modification of these Terms) and Section 12(j) (Modifications to this Arbitration Provision), the Terms by which you and we are bound may be amended only by a written agreement signed by authorized representatives of each of you and us. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

7. Modification of the Site.

Canan AI reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Canan AI will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.

8. Term and Termination.

These Terms are in effect at all times that you access or use the Site. Canan AI may suspend or terminate your access to all or any part of the Site at any time, for any reason or no reason, with or without notice. If you violate any provision of these Terms: (a) you must immediately cease all use of the Site; and (b) your rights under these Terms are terminated and you are no longer authorized to access or use the Site. Upon any termination of these Terms or of your access to the Site, all definitions and Sections 3(b) (License Restrictions), 3(c) (Information You Submit), 3(d) (Feedback), and 4 (Ownership; Proprietary Rights) through 13 (Miscellaneous) will survive.

9. Indemnity.

To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and indemnify Canan AI and its officers, directors, employees, consultants, affiliates, subsidiaries, licensors, suppliers, and agents (together, the “Canan AI Entities”) from and against every claim brought by a third party against a Canan AI Entity, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or related to: (a) your unauthorized use of, or misuse of, the Site; (b) your violation of any portion of these Terms or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property or other proprietary right or right of publicity, confidentiality, or privacy; (d) any information or materials you submit through the Site; or (e) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of the applicable claims.

10. Disclaimers; No Warranties

(a) THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. CANAN AI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. CANAN AI DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND CANAN AI DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, CANAN AI DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY INFORMATION ON THE SITE, INCLUDING ANY AI-GENERATED CONTENT, PRODUCT DESCRIPTIONS, PERFORMANCE OR BENCHMARK RESULTS, OR STATEMENTS ABOUT FUTURE PRODUCTS OR FEATURES.

(b) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR CANAN AI ENTITIES, OR ANY MATERIALS OR CONTENT MADE AVAILABLE THROUGH THE SITE, WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS OR A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND CANAN AI. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE OR YOUR ACCESS TO OR USE OF THE SITE. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA.

(c) THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. CANAN AI DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT CANAN AI IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

11. Limitation of Liability

(a) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CANAN AI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, ANY PORTION OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY CANAN AI ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGES.

(b) TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE CANAN AI ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO ACCESS OR USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100 USD.

(c) EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 11 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12. Dispute Resolution and Arbitration

(a) Generally.

Except as described in Section 12(b) (Exceptions) and 12(c) (Opt-Out), you and Canan AI agree that every dispute arising in connection with these Terms, the Site, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Except as provided in Section 12(h) (No Class Actions) and Section 12(k) (Enforceability), any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator. This Section 12 evidences a transaction involving interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CANAN AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

(b) Exceptions.

Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file suit in a court of law to address an intellectual property infringement claim.

(c) Opt-Out.

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 12 (Dispute Resolution and Arbitration) within thirty (30) days after the date that you first agree to these Terms by sending a letter to Canan AI, Attention: Legal Department – Arbitration Opt-Out, 8 The Green, Suite G, Dover, DE 19901 that is signed by you personally and specifies: your full legal name, your mailing address, the email address you use to communicate with us (if any), and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Canan AI receives your Opt-Out Notice, this Section 12 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 13(b) (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

(d) Notice of Dispute and Informal Resolution.

Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Dispute”). Canan AI’s address for Notice of Dispute is: Canan AI, Attention: Legal Department, 8 The Green, Suite G, Dover, DE 19901. The Notice of Dispute must: (i) include the full name, mailing address, and email address of the party making the claim; (ii) describe the nature and basis of the claim or dispute; (iii) set forth the specific relief sought, including any amount claimed; and (iv) be personally signed by the party making the claim (and by that party’s counsel, if the party is represented). Each Notice of Dispute may relate only to the claims of one individual party. Within thirty (30) days after a complete Notice of Dispute is received, either party may request an individual informal settlement conference by telephone or videoconference, which the party making the claim must attend personally (with counsel, if represented). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within sixty (60) days after the complete Notice of Dispute is received, you or Canan AI may commence an arbitration proceeding. Any applicable statute of limitations will be tolled from the date a complete Notice of Dispute is received until the end of that sixty (60)-day period. Compliance with this Section 12(d) is a condition precedent to commencing arbitration.

(e) Arbitration Rules and Fees.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules or, if you are using the Site on behalf of an entity, its Commercial Arbitration Rules, and in each case, where applicable, its Mass Arbitration Supplementary Rules, as in effect when the arbitration is commenced (together, the “AAA Rules”), as modified by this Section 12. The AAA Rules are available at www.adr.org. The arbitration will be conducted by a single arbitrator. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party will bear its own attorneys’ fees and costs, except that the arbitrator may award attorneys’ fees and costs (1) to the extent applicable law or the AAA Rules provide for such an award, or (2) against a party that asserts a claim or defense that is frivolous or brought for an improper purpose, as measured by the standards in Federal Rule of Civil Procedure 11(b). If the AAA is unavailable or unwilling to administer the arbitration, the parties will agree on a substitute administrator or, failing agreement, a court of competent jurisdiction will appoint one.

(f) Arbitration Proceedings.

Any arbitration hearing will take place in the county and state where you reside (or, if you are using the Site on behalf of an entity, where that entity’s principal place of business is located) unless we agree otherwise. If the claim is for $10,000 USD or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator or (ii) through a telephonic or video hearing. During the arbitration, the amount of any settlement offer made by you or Canan AI must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

(g) Arbitration Relief.

Except as provided in Section 12(h) (No Class Actions), the arbitrator can award any individual relief that would be available if the claims had been brought in a court of competent jurisdiction, but may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction. An arbitration award will have no preclusive effect in any other arbitration or proceeding involving a different party.

(h) No Class Actions.

YOU AND CANAN AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Canan AI agree otherwise, the arbitrator may not consolidate or join more than one person’s claims and may not otherwise preside over any form of class, collective, or representative proceeding, except that claims may be coordinated for administrative purposes as described in Section 12(i) (Mass Filings). A court of competent jurisdiction, and not the arbitrator, will decide any dispute about the enforceability of this Section 12(h). If a court decides by a final decision, after all appeals are exhausted, that applicable law precludes enforcement of any of this Section 12(h)’s limitations as to a particular claim for relief (such as a request for public injunctive relief), then that claim, and only that claim, will be severed from the arbitration and may be brought in court as set forth in Section 13(b) (Governing Law), and will be stayed until the arbitration of all individual claims is complete.

(i) Mass Filings.

If twenty-five (25) or more Notices of Dispute or demands for arbitration raising substantially similar claims are submitted against Canan AI by or with the assistance of the same or coordinated counsel or organizations (a “Mass Filing”), then: (i) the claims will be administered under the AAA’s Mass Arbitration Supplementary Rules, to the extent applicable; (ii) counsel for the parties will meet and confer in good faith on ways to resolve or streamline the claims efficiently, which may include mediation, exchanging information about the claims, agreeing on test cases, or settlement, before or while the arbitrations proceed; and (iii) the statute of limitations for each claim will be tolled while the claim is subject to this Section 12(i). Nothing in this Section 12(i) prevents any claimant from pursuing an individual arbitration under these Terms.

(j) Modifications to this Arbitration Provision.

If Canan AI makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within thirty (30) days of the change to Canan AI’s address for Notice of Dispute, in which case your right to access and use the Site will immediately terminate and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

(k) Enforceability.

Except as provided in the last sentence of Section 12(h) (No Class Actions), if Section 12(h) (No Class Actions) is found to be unenforceable as to any class or representative claim, or if the entirety of this Section 12 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Canan AI receives an Opt-Out Notice from you, then the entirety of this Section 12 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 13(b) (Governing Law) will govern any action arising out of or related to these Terms.

13. Miscellaneous

(a) General Terms.

These Terms, together with the Privacy Policy available at https://cananai.com/privacy-policy (the “Privacy Policy”), the DPA (where it applies), and any Additional Terms (defined below), are the entire and exclusive understanding and agreement between you and Canan AI regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

(b) Governing Law.

These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles that would result in the application of the laws of another jurisdiction, except that Section 12 (Dispute Resolution and Arbitration) is governed by the Federal Arbitration Act. You and Canan AI submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delaware for resolution of any lawsuit or court proceeding permitted under these Terms. TO THE FULLEST EXTENT PERMITTED BY LAW, IF ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND CANAN AI EACH WAIVE THE RIGHT TO A JURY TRIAL.

(c) Privacy Policy.

Please carefully read the Privacy Policy for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

(d) Additional Terms.

Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site or that you agree to in connection with certain technology or services made available to you by or on behalf of Canan AI (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

(e) Time Limit on Claims.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES (SUBJECT TO ANY TOLLING UNDER SECTION 12 (DISPUTE RESOLUTION AND ARBITRATION)); OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.

(f) Electronic Communications.

By using the Site or communicating with us electronically, you consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing.

(g) Contact Information.

The Site is offered by Canan AI, 8 The Green, Suite G, Dover, DE 19901. You may contact us by sending correspondence to that address or by emailing us at support@cananai.com.

(h) Notice to California Residents.

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.

(i) International Use.

Canan AI controls and operates the Site from the United States. We make no representation that the Site is appropriate or available for use outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for complying with local laws. Access to the Site from countries or territories, or by individuals, where such access is illegal is prohibited. You agree to comply with all applicable U.S. and other export control and sanctions laws in connection with your use of the Site.

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