Terms of Service

1. Acceptance of Terms

1.1 Immersa, Inc. offers its Service through https://marcopolo.dev, contingent on agreeing to these terms. By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. Users entering on behalf of entities must possess binding authority. Non-compliance requires service cessation.

1.2 Immersa may modify these terms with thirty-day advance notice via email or website posting. Changes become effective after thirty days. Continued service use constitutes acceptance. Those objecting should email [email protected] to terminate.

1.3 Registration requires establishing administrative credentials and passwords for primary and standard user accounts.

2. Service Description

The Service encompasses the website, data intelligence services, technologies, software, data, reports, text, images, audio, video, and related content. New features added remain subject to these terms.

3. General Conditions/Access and Use

3.1 Access is permitted solely for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Immersa. Prohibited activities include sublicensing, reselling, unlawful use, and unauthorized system access. Security breaches must be reported promptly.

3.2 Software contains protected proprietary information. Immersa grants non-transferable, non-sublicensable, non-exclusive usage rights for object code on single devices. You shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer or access the Service through unauthorized means.

3.3 Users bear sole responsibility for all uploaded content and materials.

3.4 By posting Your Content on or through the Service, you hereby do and shall grant Immersa a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content. Immersa may remove content at any time.

3.5 Operations may involve unencrypted transmissions over networks. You acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content.

3.6 Users must obtain and maintain compatible equipment and services to access the platform, including modems, hardware, software, and networking components. Equipment security and account maintenance remain user responsibilities.

3.7 Immersa may use customer names and logos for marketing unless customers opt out by emailing [email protected].

3.8 Immersa's failure to enforce any provision does not constitute waiver. This contract is binding despite being electronic and unsigned.

3.9 Immersa reserves reference usage rights for marketing; customers can decline by email.

3.10 Technical support is provided via email at Immersa's discretion.

4. Payment

For fee-based services, users select payment plans and provide payment information. Users warrant authorization to use provided payment methods and agree to maintain current account information. You hereby authorize Immersa to bill your payment instrument in advance on a periodic basis until account termination. Billing disputes must be raised within sixty days of invoice. Price changes require notification. Invoices require payment within thirty days of mailing, or services terminate. Unpaid invoices incur 1.5% monthly finance charges or maximum legal rates. Users cover non-U.S. income taxes.

5. Representations and Warranties

Users represent having authority to enter this agreement, ownership of content or necessary permissions, and that content doesn't violate third-party rights or contain defamatory, obscene, or unlawful material. Users confirm being at least eighteen years old.

6. Termination

Users may cancel anytime by emailing [email protected]. Immersa may terminate with thirty-day notice or immediately for breach. Immersa reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof). Content may be permanently deleted upon termination. Pro-rated refunds apply if Immersa terminates without cause on paid services. Accrued payment rights and sections 4-12 survive termination.

7. Disclaimer of Warranties

Services may experience temporary or emergency maintenance downtime. THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Immersa doesn't warrant uninterrupted, timely, secure, error-free, or virus-free operation.

8. Limitation of Liability

8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL IMMERSA BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES or direct damages exceeding fees paid in preceding six months, or $100 if no fees apply.

8.2 State laws limiting liability exclusions may apply, so Immersa's liability is capped at the maximum legally permissible amount.

9. Indemnification

You shall defend, indemnify, and hold harmless Immersa from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS.

10. U.S. Government Matters

Users cannot export Services in violation of U.S. restrictions or regulations. Software installed on user equipment qualifies as "commercial items" and "commercial computer software" per FAR and DFAR regulations.

11. Assignment

Users cannot assign these terms without Immersa's written consent. Immersa may assign freely without restriction.

12. Miscellaneous

If provisions are unenforceable, they're limited minimally while keeping the agreement valid. This constitutes the complete understanding between parties, superseding all previous agreements. No agency or employment relationship exists. Prevailing parties in disputes recover costs and attorney fees. Written notice must comply with specified delivery methods.

13. Governing Law

This TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Disputes resolve in California federal or state courts.

14. Privacy

For personal information practices, see Privacy Policy.