Terms of Use
These Terms of Use (“Terms”) are a binding agreement between you and Constellation Network, Inc. (“Constellation”, “we”, “us”) and govern your access to and use of https://constellationgate.ai and the waitlist signup made available on it (collectively, the “Site”). By accessing the Site or submitting your email address to the waitlist, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.
1. Eligibility
You must be at least 16 years old to use the Site. By using the Site, you represent that you meet this requirement and that any information you submit is accurate and your own.
2. The waitlist
You may submit your email address to join the Constellation Gate AI waitlist. Joining the waitlist does not entitle you to access the product, to any particular order of access, or to any specific pricing, features, or service levels. We may invite waitlist subscribers to the product on a rolling basis, may decline to do so for any reason, and may close the waitlist at any time. We will use your email address as described in the Privacy Policy.
3. Acceptable use
You agree not to:
- Use the Site in violation of any applicable law or these Terms;
- Submit information that is false, misleading, or not your own;
- Attempt to interfere with, disrupt, or compromise the integrity, security, or availability of the Site, or to gain unauthorized access to any account, server, or network connected to the Site;
- Probe, scan, or test the vulnerability of the Site or circumvent any rate limit, authentication, or access control;
- Use any automated means (including bots, scrapers, or crawlers) to access, collect, or index the Site, except for public search engines that respect robots directives;
- Reproduce, redistribute, sell, or create derivative works of any content on the Site except as expressly permitted by us in writing; or
- Use the Site to send spam, harvest contact information, or generate or distribute malicious code.
4. Intellectual property
The Site and all content on it (including text, graphics, logos, icons, images, and the underlying code) are owned by Constellation or its licensors and are protected by U.S. and international intellectual-property laws. “Constellation”, “Constellation Network”, “Constellation Gate”, and related logos are trademarks of Constellation. We grant you a limited, non-exclusive, non-transferable, revocable license to view the Site for your personal, non-commercial information. No other rights are granted by implication, estoppel, or otherwise.
5. Feedback
If you send us suggestions, ideas, or other feedback about the Site or the Constellation Gate AI product, you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use that feedback for any purpose without obligation to you.
6. Third-party links and services
The Site may link to third-party websites or services that we do not control. We are not responsible for the content, policies, or practices of any third party. Your use of any third-party site or service is at your own risk and subject to that third party’s terms.
7. Changes to the Site
We may modify, suspend, or discontinue any part of the Site at any time, with or without notice, and without liability to you.
8. Disclaimers
The Site is provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Constellation disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, secure, accurate, or that any information on the Site is current or complete.
9. Limitation of liability
To the maximum extent permitted by applicable law, in no event will Constellation, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Site, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if we have been advised of the possibility of such damages. Our aggregate liability for any claim arising out of or related to the Site or these Terms will not exceed one hundred U.S. dollars (US$100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.
10. Indemnification
You agree to defend, indemnify, and hold harmless Constellation, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (i) your access to or use of the Site, (ii) your violation of these Terms, or (iii) your violation of any rights of another.
11. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we believe you have violated these Terms. The sections of these Terms that by their nature should survive termination will survive, including Sections 4 (Intellectual Property), 5 (Feedback), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 13 (Governing Law), and 14 (Dispute Resolution).
12. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the “Effective” date above. If changes are material, we will provide additional notice (for example, an email to waitlist subscribers or a notice on the Site). Your continued use of the Site after the revised Terms take effect constitutes your acceptance of them.
13. Governing law
These Terms and any dispute arising out of or related to them or the Site are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 14, the state and federal courts located in San Francisco County, California will have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction and venue there.
14. Dispute resolution; arbitration; class waiver
14.1 Informal resolution
Before filing any claim, you agree to try to resolve the dispute by sending a written notice describing the claim and proposed resolution to info@constellationnetwork.io. The parties will then attempt in good faith to resolve the dispute informally for at least 30 days.
14.2 Binding arbitration
If the dispute is not resolved informally, you and Constellation agree that any dispute arising out of or related to these Terms or the Site will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules & Procedures, before a single arbitrator. The seat of arbitration is San Francisco, California. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
14.3 Class action waiver
You and Constellation each agree that disputes will be resolved on an individual basis and not as a class, consolidated, or representative action. The arbitrator may not consolidate the claims of multiple persons or preside over any form of representative proceeding.
14.4 30-day opt-out
You may opt out of the arbitration agreement and class-action waiver in Section 14 by sending written notice of your decision to opt out to info@constellationnetwork.io within 30 days of first accepting these Terms. Your notice must include your name, the email address you used on the Site, and a clear statement that you wish to opt out. Opting out will not affect any other part of these Terms.
14.5 Exceptions
Either party may bring (a) an individual claim in small-claims court for any dispute within that court’s jurisdiction, or (b) an action in any court of competent jurisdiction to enjoin infringement or misuse of intellectual-property rights.
15. Miscellaneous
- Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Site and supersede any prior agreements on that subject.
- Severability. If any provision of these Terms is held 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 or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.
- Notices. We may give notices to you by email to the address you provided or by posting on the Site. You may give notices to us at the address in Section 16.
- Export. You may not use or access the Site in any jurisdiction in which doing so would violate U.S. export-control or sanctions laws.
- U.S. government end users. Any access by a U.S. government end user is subject to the restrictions set forth in FAR 12.212 and DFARS 227.7202 as applicable.