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Terms of use

Last updated May 21, 2021 | View our privacy policy

Please read these Terms of Use carefully before accessing or using this website, videos, software, apps, and/or plug-ins made available by SublimeAI and its app/platform RazorArts or its affiliates (individually and collectively, the “Site”). This will help you make informed decisions about using our product-services and sharing your personal information with us.

 

1. Acceptance of Terms

1.1 Agreeing to Our Terms
Thank you for your interest in SublimeAI, which owns and operates the services offered on RazorArts.com (“RazorArts Website”) and any associated applications (“Razor.SublimeAI Apps”) or products and services (e.g. the “RazorArts Blog”) that the Company may provide now or in the future (collectively, the “Service” or “Services”). When using the Service, you will also be subject to the SublimeAI Privacy Policy and any published guidelines, policies or rules applicable to our website or apps, which may be posted at any time (collectively the “Guidelines”). These Terms of Service and our Privacy Policy, including any other Guidelines and future modifications (collectively, the “Agreement”), govern your use of the Service and are a legal contract between you and SublimeAI. By signing up for an account on, or otherwise accessing or using the SublimeAI Service, you acknowledge that you have read and agree to be bound by this Agreement. If you are using the Service on behalf of a school, institution, company or organization that has a separate written agreement with SublimeAI, that agreement shall govern your use of the Service, and all matters not covered by said agreement will be subject to our Terms of Service and Privacy Policy. If you are entering into this Agreement on behalf of a company, institution or other legal entity, you acknowledge that you have the authority to bind said entity to these terms and conditions, in which case the terms “you,” “your” or “Member” shall refer to said entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service, and SublimeAI shall not be responsible for any use you make of the Service without the pertinent authorization.
EDUCATIONAL INSTITUTIONS UTILIZING THE SERVICE ARE RESPONSIBLE FOR MONITORING THE RIGHTS AND INTERESTS OF THEIR STUDENTS AND MUST THEREFORE TAKE SPECIAL CARE IN THE REVIEW OF THIS AGREEMENT. EDUCATIONAL INSTITUTIONS SHALL BE RESPONSIBLE FOR OBTAINING, WHERE APPLICABLE, PERTINENT CONSENT FROM PARENTS, LEGAL GUARDIANS OR ELIGIBLE STUDENTS PRIOR TO UTILIZING THE SERVICE. SublimeAI SHALL NOT BE RESPONSIBLE FOR ANY NEGLIGENCE OF THE EDUCATIONAL INSTITUTION IN THE REVIEW OF THIS AGREEMENT OR THE OBTAINMENT, WHERE APPLICABLE, OF THE NECESSARY PARENTAL CONSENT. If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this website or platform.

1.2 Privacy
Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to help you understand our policies. Please read our Privacy Policy, which explains how we treat your personal information and protect your privacy when you use our Service. By using our Service, you agree that SublimeAI can use such data in accordance with our Privacy Policy.

1.3 Sign-up and Security
As a condition to using the Service, you may be required to create an account on the RazorArts platform and select a password and username or provide additional contact information . You must provide SublimeAI with accurate, complete, and updated personal information. You may not select or use the name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission. We reserve the right to refuse to create an account or to delete an account at our discretion. You shall be responsible for maintaining the confidentiality of your password and will not share your account with anyone or let anyone else access your account. You may not transfer your account to anyone without the express prior written consent from SublimeAI. You affirm, acknowledge and pledge that all the information you submit when creating an account is truthful and accurate.

1.4 Using the Service
As long as you are complying with all of the terms and conditions of the Agreement, SublimeAI gives you permission to access and use the Service that you select through the applicable sign-up process.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether if, for example, you do not comply with this Agreement or if we are investigating suspected misconduct. You can stop using our Service at any time, although we will be sorry to see you go. We may also stop providing the Service to you, or add or create new limits to our Service or restrict your access to all or a part of the Service at any time without notice or liability. Access to and use of the Service itself is currently free, but in the future, we may offer new or additional special features which SublimeAI may charge for.
The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any exist.
SublimeAI IS UNDER NO OBLIGATION TO PROVIDE ITS SERVICES. IT IS THE SOLE RESPONSIBILITY OF THE TEACHER, EDUCATIONAL INSTITUION OR ORGANIZATION TO BE PREPARED TO CONDUCT ANY TEACHING AND/OR TEACHING-RELATED ACTIVITIES WITHOUT ACCESS TO THE SublimeAI RazorArts SERVICE.

1.5 Additional terms of use – Students 
If you are a student accessing the Service at the invitation of a teacher or other school official, the following terms apply to you:  

  • Only students who have been invited by their teacher, school, or district may use the Service. You may not access or use the Service unless you are invited by a teacher, school, or district who is authorized to give you access to the Service.
  • We request minimal personal information to be provided from students to enable use of the Service: first name, last name, email and password. If you are a student, please do not provide any personal information about yourself to us, other than what we request from you when you sign up for the Service. Without prejudice to the aforementioned, when using the Open Classroom feature, students can access and use the SublimeAI service without the need to create an account. In this modality, students may have to provide a nickname, and only responses will be collected and processed by the service.
  • The Children’s Online Privacy Protection Act (“COPPA”) prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without verifiable parental consent or notice as applicable (“Consent”). SublimeAI only collects, uses, shares, and retains personal student information for purposes for which we were authorized by the educational institution/agency and teacher.

1.6 Additional terms of use – Teacher, Tutor and Educational Professionals
If you are a teacher, Tutor, Educational Professional, aide, trainer or other similar personnel accessing the Service on behalf of an educational institution, company or organization (the “Institution”), the following terms apply to you:

  • You understand and acknowledge that COPPA prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without Consent, and you understand that we only collect, use, share and retain student personal information for purposes for which we were authorized by the educational institution/agency or teacher.
  • You acknowledge and agree that you have School Consent to allow children under 13 to use the Service and that you and/or the Institution will be solely responsible (and hereby agree that SublimeAI is not responsible) for compliance with COPPA or any other applicable laws. This includes limiting access to the Service to those student users from whom School Personnel has received valid Consent forms and complying with all parental requests regarding the collection, use and disclosure of such child’s information. School Personnel or the educational institution are responsible for providing parental consent forms to the parents of potential student users, for confirming receipt of valid consent forms for each child before granting the student access to the Service, and for retaining such consent forms on file. If a user’s parent does not consent or rescind such School Consent, School Personnel or the educational institution shall immediately notify SublimeAI to discontinue that student’s access to the Service and ensure that such student’s information is no longer accessible through the Services.
  • You agree that you are acting on behalf of (or have permission from) your Institution to enter into this Agreement and to use the Service as part of your curriculum.
  • You agree that you are responsible for maintaining and monitoring the accuracy of the list of students for each of your classes. By way of example, you will only retain students in your classroom as long as it is reasonably needed for their educational development, which shall not exceed more than one school year.
  • You acknowledge and agree that, in order to guarantee the privacy and security of your students’ data and provide them with the best possible experience through the SublimeAI-RazorArts Apps, you will make sure your students use the latest versions available in the Play and Apple Store.
  • ONLY PERSONNEL WHO ARE CURRENT EMPLOYEES OF THE INSTITUTION MAY USE THE SERVICE ON THE INSTITUTION’S BEHALF. UPON TERMINATION OF A TEACHER, AIDE, TRAINER, OR OTHER STAFF MEMBER’S EMPLOYMENT WITH THE INSTITUTION, SUCH INDIVIDUAL MUST RETURN AND CEASE USING ALL LOGIN DETAILS AND STUDENT ACCESS HE OR SHE HAS IN HIS OR HER POSSESSION. SublimeAI SHALL NOT BE RESPONSIBLE FOR THE MISUSE OF THE SERVICE BY INSTITUTION PERSONNEL AND SHALL NOT BE HELD ACCOUNTABLE FOR TEACHERS, TUTORS, EDUCATIONAL PROFESSIONALS, AIDES, TRAINERS, OR OTHER STAFF MEMBERS OF THE INSTITUTION NOT RETURNING STUDENT EDUCATION RECORDS, AND/OR NOT RETURNING AND CEASING TO USE ALL LOGIN DETAILS AND STUDENT ACCESS THEY HAVE IN THEIR POSSESSION, UPON TERMINATION OF THEIR EMPLOYMENT AGREEMENT WITH THE INSTITUTION.

 

2. Intellectual Property; Limited License to Users

2.1 Your Information and Content
In the course of using the Service, you and other users may provide or post certain content or information which SublimeAI may use in connection with the Service and which may be visible to certain other users (“User Submissions”). Please review our Privacy Policy for additional information on the types of information different kinds of users are able to provide. For any video, image, footage, text, audio, or any other content that you upload, use or post to the Site (“Your Content”), you represent and warrant that:

  • you have all necessary rights to submit Your Content to the Site and grant the licenses set forth herein;
  • SublimeAI will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content;
  • You may not upload, post, or transmit any video, image, text, audio recording, or other content that: Infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy; Contains any pornographic, defamatory, or otherwise unlawful or immoral content. Exploits minors; Depicts unlawful or violent acts; Depicts animal cruelty or violence towards animals; Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or Violates any law, statute, or regulation; and
  • Your Content complies with these Terms of Use and all applicable laws

Additionally, when the Service is utilized by an educational institution managing student “Educational Records,” some User Submissions may be deemed part of said education records (as defined in the “FERPA and Student Data” section below).
You retain all ownership rights for any User Submissions. SublimeAI does not claim any ownership rights over User Submissions. Nevertheless, if your educational institution, company or organization has purchased a Pro Upgrade and granted you access to SublimeAI’s Standard features, it is possible that your institution, company or organization owns all intellectual property rights inherent to your content, depending on the contents of your employment agreement or the organization’s internal regulations. SublimeAI SHALL NOT BE RESPONSIBLE FOR ANY DECISIONS MADE BY YOUR EDUCATIONAL INSTITUTION, COMPANY OR ORGANIZATION AS TO THE OWNERSHIP OF CONTENT ASSOCIATED TO YOUR ACCOUNT, AND ANY CLAIMS IN THAT REGARD SHOULD BE DIRECTED TO THE EDUCATIONAL INSTITUTION, COMPANY OR ORGANIZATION AND NOT SublimeAI.
In order to allow SublimeAI to provide the Service, you hereby grant us a limited, non-exclusive, sublicensable (as necessary to perform the Service), worldwide, royalty-free, and transferable (only to a successor) right and license to:

  • use, copy, store, distribute, publicly display, modify, and create derivative works (such as changes we make so that your content works better with our Service) from such User Submissions as necessary to provide, improve and make the Service available to you and other users, including through any future media in which the Service may be distributed;
  • use and disclose metrics and analytics regarding the User Submissions in an aggregate or other non-personally identifiable manner (including, for use in improving our service or for marketing and business development purposes);
  • use any User Submission (including any Education Record) that has been de-identified for any product development, research or other purpose; and
  • use for other purposes permitted by the SublimeAI Privacy Policy.

You are responsible for making sure that you have all the rights for your User Submissions, including the rights necessary for you to grant us the aforementioned licenses to the User Submissions. The above license (i) will terminate when you delete any User Submissions with intellectual property rights (“IP content”), like photos or videos, you or your institution (as defined below) deletes an Education Record, you delete any personal information, or you delete your account, unless your content has been shared with others and they have not deleted it, or your content is part of an Education Record still under the control of your institution (e.g., co-teaching). If you would like to delete any videos that may contain personal information regarding your identity, please review the “How Do I Delete My Account?” section of our Privacy Policy and follow the steps to request deletion. SublimeAI will not heed any deletion requests of “teacher accounts” or “teacher content” made by the educational institution, company or organization, as this should be handled by the educational institution, company or organization itself in accordance with its internal regulations or teacher employment agreements. Additionally, when you delete IP content, Education Records, or personal information, it is deleted in a manner similar to emptying the recycle or trash bin on a computer. However, you understand that any removed User Submission may persist in backup copies for a reasonable period of time. Note that the information contained in SublimeAI’s security backups or copies will not be available or accessible to others. All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. SublimeAI streams videos from YouTube using their embed APIs, which means that we (you included) are in compliance with YouTube’s terms of service. If a video is removed from YouTube for copyright infringement, it will also automatically be removed from Razor Arts. If we receive a copyright take down notice from the original work’s creator and we realize that the video has been embedded on Razor Arts using YouTube’s embed APIs, we will not only remove the content from our platform, but also advise creators to submit a copyright take down notice to YouTube. If as a copyright owner you find yourself in this situation, please follow the following instructions provided by YouTube. SublimeAI cannot guarantee the identity of any other users with whom you may interact in the course of using the Service, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. We do not guarantee that we will publish any of your User Submissions, and reserve the right to remove User Submissions from the Service at any time for any reason, such as if we receive a notice report that a User Submission infringes on someone’s intellectual property rights. Our automated systems analyze your User Submissions (including emails) to provide you personally relevant product features, such as customized search results, and for spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored. SublimeAI will not analyze any Educational Records for the purpose of providing behaviorally-targeted advertising to students, yet the aforementioned shall not be construed to limit SublimeAI’s ability to use Educational Records for adaptive learning or customized student learning purposes. We always appreciate your feedback or other suggestions about RazorArts, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.

 

3. SublimeAI-RazorArts Trademarks

3.1 For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by SublimeAI and its platform RazorArts.

3.2 Nothing contained herein grants or shall be construed to grant you any rights to use any RazorArts Trademark, unless expressly conferred by these Terms of Use.

3.3 You agree that you will not use RazorArts’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or RazorArts.

3.4 You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of RazorArts Trademarks or the Trademark rights claimed by RazorArts.

3.5 You agree that you will not use any Razorarts’ Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming
code or data.

3.6 You may not at any time, adopt or use, without Razorarts’s prior written consent any word or mark which is similar to or likely to be confused with Razorarts’s Trademarks.

3.7 The look and feel of the RazorArts website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of RazorArts and may not be copied, imitated or used, in whole or in part, without the prior written consent of RazorArts.

3.8 All other trademarks, product names, and company names or logos used or appearing on the RazorArts website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by RazorArts, unless expressly so stated.

3.9 You may not use a RazorArts trademark, logo, Image or other proprietary graphic of RazorArts to link to the RazorArts website without the prior written consent of RazorArts.

3.10 You may not frame or hotlink to the RazorArts website or any Image without the prior written consent of RazorArts.

3.11 The Service and the SublimeAI Technology are intended solely for the personal, non-commercial use of our users and may only be used in accordance with this Agreement. “SublimeAI-RazorArts Technology” means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service (including SublimeAI proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all SublimeAI Marks. “SublimeAI Marks” are the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of SublimeAI. SublimeAI Technology is protected by copyright and other intellectual property laws. You are not allowed to use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the SublimeAI Technology for any purposes other than as expressly permitted under this Agreement. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any SublimeAI Technology.
Using our Service does not give you ownership of any intellectual property rights in our Service or the SublimeAI Technology. You may not use content from our Services, including User Submissions, unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any SublimeAI Marks. Do not remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.

 

4. Information You Provide

4.1 SublimeAI collects the minimal amount of information necessary to provide its services. We collect personal information that you voluntarily provide to us when registering at the Services, expressing an interest in obtaining information about us or our products and services, or otherwise contacting us. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use. 

4.2 Information We Collect from Students: No personally identifiable information, such as name or email address is required by the student to view the content shared by the teacher. The Student can type a nickname and get access. If the teacher requires the student to create content then they need an account. We ask students to provide a unique email, a password and their name. Beyond this information, students can submit responses, comments, audios or images depending on the activities they are assigned, which will remain private between teacher and student. All this information will only be used for the purposes of the school/teacher. We use this information to provide the Service to the child, for security and safety purposes, or as required by law or to enforce our Terms. We will not require children to provide more personal information than is reasonably necessary in order to participate in the Service. If we discover that we have collected information from a child in a manner inconsistent with COPPA, FERPA or any other applicable laws or regulations, we will take appropriate steps to delete the information. We do not disclose any personal information about children to third parties, except to service providers necessary to provide the Service, as required by law, or to protect the security of the Service or other users. Information collected from students (including personal information and information collected automatically) is never used or disclosed for third-party advertising, including any kind of first- or third-party behaviorally targeted advertising.

4.3 Information We Collect from Teachers or Administrators: If you have an account (which your school or district may have created on your behalf), we may collect your name, email address, a password, your school and/or district, and the classes you teach (grade, subject, class name) . If you or your school or district registers through or otherwise grants access to a third-party integrated service (“Integrated Service”), such as Google, MS365, Clever or direct integration we may collect Personal Information that is already associated with your Integrated Service account. If you create or upload assessments or other academic or educational resources or materials (“Educational Materials”), we collect the content of these materials and metadata you provide about them, such as tags, DOK levels and alignment to learning standards. We collect data about how you use the Services, such as the time you access the Service, the length of your session(s), the website you come to the Service from, selections and choices you make and preferences that you set when using the Service as well as any data you input while conducting any work, including assessments, in the Service.

 

5. Indemnity

5.1 You will indemnify, defend, and hold the Company, its parents, partners, subsidiaries, affiliates, officers, and employees not responsible for damages, losses, demands, liabilities, settlements, costs and expenses of any kind (including reasonable attorneys’ fees) from any claim or demand made by any third party relating to or arising out of (i) your access to, use, or misuse of the Service, (ii) your violation of this Agreement (including any failure to obtain or provide any necessary consent and/or violation of applicable laws or regulations), or (iii) the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, including in connection with your User Submissions.

6. User Responsibilities

6.1 We do our best to keep the RazorArts platform safe, but we cannot make any guarantees. We need your help to keep RazorArts safe, which includes the following commitments by you when using our Service:

  • You will only use the Service as permitted by law.
  • You will not post unauthorized commercial communications (such as spam or advertisements) on or through the Service.
  • You will not collect users’ content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  • You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.
  • You will not upload viruses or other malicious code, files or programs.
  • You will not collect, solicit or otherwise obtain login information or access an account belonging to someone else.
  • You will not collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable laws or regulations.
  • You will not post, share or otherwise make available to the community content that is protected by copyright or applicable intellectual property laws and whose dissemination has been prohibited by its legitimate proprietor.
  • You will not bully, intimidate, or harass any user or use the Service in any manner that is threatening, abusive, violent, or harmful to any person or entity, or invasive of another’s privacy.
  • You will not post content that: is hate speech, discriminating, threatening, or pornographic or sexually explicit; incites violence; or contains graphic or gratuitous violence.
  • You will not use the Service to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory.
  • You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service or prevent other users from using the Service, such as a denial of service attack or interference with page rendering or other Service functionality.
  • You will not use the Service in any commercially unreasonable manner or in any manner that would disparage SublimeAI.
  • You will not impersonate a SublimeAI employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.
  • You will use the Service in accordance with its purposes. As a general rule, students using the Service per instruction of an educational institution or teacher are not permitted to create teacher accounts. Periodic exceptions to this prohibition shall be determined on a case by case basis.
  • You will not facilitate or encourage any violations of this Agreement or our policies.

 

7. Limitations

7.1 You agree that you shall not:

  • Engage in any conduct that shall constitute a violation of any law or that infringes the rights of SublimeAI or any third party.
  • Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
  • Violate the rights of SublimeAI or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

8. Pricing, Billing and Cancellation

8.1 This section rules membership fees for the RazorArts Standard plan. Membership fees for the RazorArts Enterprise or School plans and any other charges educational/Enterprise institutions, companies or organizations may incur in connection with their use of the service, such as taxes and possible transaction fees, will be charged on a one-time payment in exchange for a one-year subscription (“Initial Term”), with a renewal option for successive one-year periods at the end of each year (“Renewal Term”). Standard School memberships will be subject to the terms set forth in the issued quotes and invoices. Aspects not contemplated by said documents shall be ruled by these Terms of Service.

8.2 Billing Cycle:  The membership fee for the SublimeAI Standard plan and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paid portion of your membership.

8.3 Authorization Requests:  A request to the issuing bank for either a $0 or a $1 authorization is sent to verify that the card is issued and the bank will allow it to be authorized. Regardless of whether the authorization is declined or not, the authorization request is reversed immediately. However, even if the bank declines the authorization, you may still see an authorization for $1 on your credit card statement. The important thing to remember is that this is not a charge, and it will disappear, depending on the bank, in anywhere from a few minutes to a few weeks.
A first attempt of a $0 authorization will be done for Visa, MasterCard and American Express. If the $0 authorization fails, a $1 authorization will be attempted. For other credit card companies, a $1 authorization will be the standard request.

8.4 Cancellation: You can cancel your RazorArts Standard membership at any time, and you will continue to have access to the Standard premium features through the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods. To cancel, go to the “Plan” page and follow the instructions for cancellation. If you cancel your membership, your account will automatically lose access to the Standard premium features at the end of your current billing period. To see when your account will close, see the “Payments” section on the “Plan” page. If you change your mind about the cancellation before your monthly billing period ends, you can reactivate the billing cycle by clicking on “Reactivate.” Please note that subscriptions will also be automatically cancelled upon account deletion.

8.5 Changes to the Price and Plan: We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to our subscription plans will apply to you no earlier than 30 days following notice to you.

 

9. Links to Third Party Sites

9.1 In the event that the Site is available through any third-party platform, or if SublimeAI provides links from the RazorArts Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that SublimeAI makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of SublimeAI, and SublimeAI provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by SublimeAI.

 

10. Warranties and Disclaimers

10.1 We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we do not promise about our Services. DISCLAIMER OF WARRANTIES. THE SERVICE (AND ANY ASSOCIATED CONTENT OR SOFTWARE) IS PROVIDED ON AN “AS IS” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SublimeAI TECHNOLOGY, SERVICES, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE AFOREMENTIONED, SublimeAI DOES NOT ACKNOWLEDGE OR AFFIRM THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ERROR FREE OR UNINTERRUPTED, THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. LIMITATION OF LIABILITY. UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SublimeAI OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SublimeAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE SERVICES, CONTENT, OR USER SUBMISSIONS; OR (iii) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING OTHER USERS. IN NO EVENT WILL SublimeAI OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO COMPANY FOR USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100). CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

11. Eligibility

11.1 If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning that you must obtain advance written consent from all parents or guardians whose children under 13 will be accessing the Service. When obtaining consent, you must provide parents and guardians with our Privacy Policy. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Service as part of your curriculum, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district. If you are a student under 13, please do not send any personal information about yourself to us if your school, district, and/or teacher has not obtained this prior consent from your parent or guardian, and please do not send any personal information other than what we request from you in connection with the Service. If we learn we have collected personal information from a student under 13 without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at razor@sublimeai.com. 

 

12. NO LIABILITY FOR YOUR MESSAGE CONTENT. 

12.1 We assume no liability whatsoever for the content of the resource you use at the Service. If you use the Service to present information that could allow someone to determine the location or a identity of a child remove it from the platform. Notwithstanding the foregoing, we reserve the right to block any resource that we reasonably believe may subject us, our service providers or our users to liability.

 

13. Miscellaneous

13.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of New York. The
language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Razor Arts shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Razor Arts, such action is necessary or desirable.

13.2 These Terms of Use are governed by and shall be construed in accordance with the laws of the State of New York, without respect to its conflict of laws principles.

13.3 In the event of any conflict between these Terms of Use and any license agreement you enter with Razor Arts, the terms of such license agreement shall control.

13.4 These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.

 

14. Contact SublimeAI

14.1 If you have any questions or concerns about these Terms of Service or how we protect our community, please contact us at razor@sublimeai.com – we’d love to help!

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