Stairwell Intelligent Analysis Terms of Use

THESE STAIRWELL INTELLIGENT ANALYSIS TERMS OF USE (“TERMS”) GOVERN YOUR USE OF THE STAIRWELL INTELLIGENT ANALYSIS TOOL AVAILABLE AT STAIRWELL.COM (“TOOL”). IN EXCHANGE FOR YOUR AGREEMENT TO THESE TERMS, STAIRWELL MAKES THE TOOL AVAILABLE FOR YOU TO USE BY UPLOADING SOFTWARE FILES (“FILES”) FOR ANALYSIS IN ORDER TO PRODUCE A SUMMARY DESCRIPTION OF, WITHOUT LIMITATION, THE FILE’S FEATURES AND CAPABILITIES (“ANALYSIS”). THESE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND STAIRWELL. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE TOOL OR ANY ANALYSES.

The Tool uses third party large language models to produce Analyses. No large language model is able to produce 100% accurate results, so Stairwell does not make any promises, representations, guarantees, or warranties about the accuracy or quality of the Analyses produced by the Tool. Use discretion before relying on Analyses. You’re responsible for your use of Analyses and for the use of Analyses by anyone you share it with. If you elect to rely on any Analysis for any purpose, you do so at your own risk.

You are responsible for all activity occurring under your account. You shall not (a) use the Tool for the benefit of a third party, (b) use the Tool to create any derivative works or any product or service that would compete with any Stairwell product or service, (c) interfere with or attempt to interfere with the functioning of the Tool or any activities conducted on Stairwell’s websites, (d) use the Tool in a manner that places an unreasonable security risk or resource burden on the Stairwell websites, or (e) use the Tool in a way that violates any laws or rights of any third parties, or would cause Stairwell to violate any laws or third party rights.

Stairwell may place restrictions on your ability to use the Tool (for example, limiting the number of Files you may submit for analysis) or may stop making the Tool available for use altogether.

The Tool and any Analyses are provided AS IS” AND “AS AVAILABLE” AND ARE WITHOUT INDEMNIFICATION, SUPPORT, SERVICE LEVEL COMMITMENT, OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE AGGREGATE LIABILITY OF STAIRWELL AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS, AND CONTENT PROVIDERS FOR DIRECT OR INDIRECT DAMAGES FOR ANY CLAIM ARISING FROM YOUR USE OF THE TOOL OR ANALYSES WILL NOT EXCEED $100. YOU WILL BE RESPONSIBLE FOR ANY USE OF THE TOOL OR ANALYSES, INCLUDING COMPLIANCE WITH LAWS AND LIABILITY FOR ANY DAMAGES.

You represent and warrant that you have all rights, consents, and authorizations necessary to grant Stairwell the rights stated in these Terms. Do not upload sensitive, confidential, or personal information to the Tool.

By uploading a File to the Tool, you grant Stairwell a perpetual license to use, reproduce, display, distribute, modify, disclose, and create derivative works of the Files for any purpose related to Stairwell’s business, including, without limitation, processing the File to provide the Analyses to you, conducting research, producing education and marketing materials for public distribution, and developing and improving Stairwell products and services. You acknowledge that Stairwell may generate the same or similar Analyses for others and that Stairwell reserves the right to do so.

Stairwell shall not make any Files uploaded to the Tool by you publicly available in their entirety without your consent (which may be provided by email); provided; however, that Stairwell may disclose and distribute copies of any files uploaded to the Tool to Stairwell’s affiliates, partners, employees, contractors, agents, advisors, or other parties who are obligated by contract or otherwise to keep the Files from unauthorized public disclosure or distribution. You acknowledge that the foregoing restriction on disclosure and distribution does not apply where a copy of the File provided by you is also received by Stairwell from an alternative source without those same restrictions on disclosure or distribution.

Stairwell and its licensors retain all right, title, and interest in and to the Tool, Analyses, and any other data or information created, produced, or provided by Stairwell in connection with your use of the Tool, including any copies, modifications, improvements, enhancements, and derivative works of the foregoing. No rights or licenses are grated by Stairwell except as expressly and unambiguously set forth in these Terms.

You will indemnify and defend Stairwell, its employees, officers, directors, and contractors from any claim, demand, assessment, action, suit, or proceeding brought by a third party related to your use of the Tool or any Analysis or your breach of these Terms.

These Terms represent the entire agreement between you and Stairwell with respect to your use of the Tool and any Analysis. Stairwell may update these Terms at any time. Such updated Terms will be effective at the time of posting.

These Terms will be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Santa Clara County, California.

If you have any questions about these Terms, you may email legal @ stairwell.com.