Terms of Service for Gradient

1. Introduction

Welcome to Gradient! These Terms of Service ("Terms") govern your use of the Gradient website, applications, and services (collectively, the "Services"), provided by Gradient (collectively, "we" or "us"). By accessing or using our Services, you are agreeing to these Terms and concluding a legally binding contract with Gradient. Do not access or use our Services if you are unwilling or unable to be bound by the Terms.

2. Definitions

Parties: "You" and "your" refer to you, as a user of the Services. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses our Services.

Content: "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication.

Your Content: "Your Content" means content that you submit or transmit to, through, or in connection with the Services.

3. Changes to the Terms

We may modify the Terms from time to time. The most current version of the Terms will be located here. You understand and agree that your access to or use of the Services is governed by the Terms effective at the time of your access to or use of the Services.

4. Privacy

Our Privacy Policy describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use of this information, including the transfer of this information for storage, processing and use by Gradient and its affiliates.

5. Registration

To use certain features of our Services, you may be required to create an account and provide certain information about yourself. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.

6. Content

All materials displayed or performed on the Services are protected by copyright. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. 

7. User Content

You retain all ownership rights to the content you post on Gradient. However, by posting or sharing Your Content, you grant us a non-exclusive, royalty-free, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute Your Content on Gradient for the purposes of operating and providing the Services to you and our other users. 

8. Payments and Cancellations

When you sign up for a Gradient account, you agree to a monthly or yearly subscription. This subscription will automatically renew at the end of each billing cycle unless you cancel through your online account management page, or by contacting our customer support team. While we'd be sorry to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating.

9. Restrictions

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

10. Warranty Disclaimer

The Services and Content are provided "AS IS," without express or implied warranty or condition of any kind. We disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement.

11. Limitation of Liability

To the fullest extent permitted by law, in no event will Gradient be liable with respect to any claims arising out of or related to the Services or the Terms for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, loss of profits, data, use, goodwill, or other intangible losses, regardless of legal theory, whether or not Gradient has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose.

12. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of [Your State], without respect to its conflict of laws principles. 

13. Termination

If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for Gradient, we can stop providing all or part of the Services to you. We will notify you by email or at the next time you attempt to access your account.

14. Entire Agreement

These Terms constitute the entire agreement between you and Gradient with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms.

15. Questions & Contact Information

Questions or comments about the Services may be directed to us at the email address questions@gradient.credit.