Terms of Service
We're thrilled to welcome you to our vibrant community of AI developers and users, where learning, collaboration, and the exciting world of AI and machine learning converge. At Ready Tensor, you'll have access to cutting-edge tools, innovative processes, and a catalog of state-of-the-art AI models, all carefully curated to enrich your journey. Our platform, crafted by seasoned AI professionals, is tailored to meet your unique needs and empower you to explore the boundless possibilities of AI. Get ready to embark on an exhilarating adventure with us as we shape the future of AI together!
These Terms of Service govern your access to and use of the website and services of Ready Tensor (‘Agreement') and become effective upon your affirmative indication of acceptance by checking a box, clicking a button, executing an Order, or through any other method of acknowledgment provided (“Effective Date”). Such actions confirm the formation of a binding contract between you and Ready Tensor, Inc., with offices located at 10531, 4S Commons Dr, Ste 166-628, San Diego, CA, 92127, USA.
By accepting this Agreement, you acknowledge that your use of the Platform (as defined below) is at all times subject to the terms and conditions outlined herein. Furthermore, this Agreement serves to incorporate by reference all other terms and policies that govern your use of the Platform, including but not limited to our Privacy Policy, Acceptable Use Policy, and Copyright Policy, as well as any other policies we may adopt from time to time.
For the purposes of this agreement, ‘Ready Tensor’, ‘we’, or ‘us’ refers to Ready Tensor, Inc., and ‘Authorized User’, ‘you’, or ‘your’ refers to the individual or customer entity accepting this agreement.
1. Definitions
- Account: means the account you set up to access the Platform and represents your legal and services identity with Ready Tensor.
- Platform: means Ready Tensor's proprietary hosted software platform, as made available to Authorized Users from time to time at https://readytensor.ai or a successor or sub-site, such as https://app.readytensor.ai/ and https://docs.readytensor.ai.
- Authorized User: means an individual who has created an Account on the Platform and has been granted access to the services provided by the Platform.
- AI Model: means a software algorithm with (an) artificial intelligence application(s) that an Authorized User makes available to the Platform through direct upload, linkage to version control repositories (e.g., GitHub, BitBucket, AWS Code Commit), or other means of integration.
- Dataset: means a collection of structured or unstructured data points gathered for the purpose of teaching or training an AI model, performing tasks, learning patterns, testing the system or to make predictions. These data points can include various types of information such as text, images, audio, video, or numerical values.
- Developer: means an Authorized User who wrote or otherwise contributed to AI Models or Datasets used on the Platform.
- User Content means information, Datasets, AI Models and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by an Authorized User through the Platform.
- Harmful Code: means any software, hardware, or other technology, device, or means, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software, firmware, hardware, system, or network; or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data processed thereby.
- Order or Order Document: means a written agreement between Ready Tensor and an individual or entity specifying essential details such as the specifications of the subscribed services, duration of the service subscription, pricing structure, and any other relevant terms and conditions specific to the offering. The Order document serves as a binding contract between the parties, detailing the rights and obligations of both Ready Tensor and the individual or entity. In the event of a conflict between an Order and these Terms of Service, the Order shall take precedence.
- Customer: means any individual or an entity, including but not limited to universities, colleges, educational institutions, research institutions, businesses, corporations, government agencies, non-profit organizations, or any other group or institution, whether public or private, that executes an Order for the services provided by Ready Tensor.
- Ready Tensor Hub or Hub: means a dedicated workspace designed for collaboration on artificial intelligence (AI) projects on the Ready Tensor Platform. Hubs provide a secure, collaborative environment where members can share Datasets, Models, and computational resources.
- Community Hub: means a Hub where Ready Tensor’s team members are the Hub Administrator(s). All User Content submitted to a Community Hub is accessible to any Authorized User of Ready Tensor.
- Team Hub: means a Hub provisioned on behalf of a Customer in fulfillment of an executed Order document between the Customer and Ready Tensor.
- Hub Administrator: means the person designated and authorized to perform specific tasks, including managing users and hub privacy settings (whether private or public) and other settings that govern the use of the User Content in the Hub.
- Hub Member: means an Authorized User whom a Hub Administrator has granted privileges to participate in the Hub. Depending on the specific privileges granted, Hub Members can contribute to projects, AI Models, Datasets, access shared resources, and participate in the collaborative AI development process within the Hub.
- Hub Content: means any User Content uploaded by a Hub Member in a given Hub, regardless of the type of Hub.
- Open Source Software License or OSSL or Open-Source: means any of the license types that meet the “Open Source Definition” promulgated by the Open Source Initiative, at https://opensource.org/osd.
- Ready Tensor Intellectual Property or Ready Tensor IP: means the Platform in its entirety and its components inclusive of all software, code, design, graphics, logos, and trademarks.
- Personal Information: means any information that, individually or in combination, does or can identify a specific individual or by or from which a specific individual may be identified, contacted, or located, including without limitation all data considered personal data, personally identifiable information, or something similar under applicable laws, rules, or regulations relating to data privacy.
- Sensitive Data: means any information or data that is considered particularly sensitive or confidential, including but not limited to personally identifiable information (PII), financial information, health records, government-issued identification numbers, biometric data, and any other data that is subject to specific regulatory requirements or industry standards for protection. This may also include any information that, if disclosed, could result in harm, embarrassment, or other adverse consequences to individuals or entities.
- Usage Data: means all data generated or collected through the use of the Platform or services, including but not limited to usage patterns, interactions, preferences, and other operational information. Usage Data does not include any User Content uploaded by Authorized Users for their use within the Platform. Usage Data is the exclusive property of Ready Tensor.
- Third-Party Products refers to any software, applications, services, or materials that are not developed, owned, or directly controlled by Ready Tensor but are made available, integrated, or used in conjunction with the Platform. This includes products that are incorporated into the Platform, those that are required for or enhance functionality, and any other products provided by external entities that contribute to or are utilized by the Platform in any manner.
2. Account Registration and Requirements
2.1 Registration. You must provide a valid email address and password to complete the Account signup process. If you choose to purchase any of our services, you must provide payment information. Any other information requested for Accounts is optional.
2.2 Requirements.
- (a) You must be a human to create an Account. Accounts registered by “bots“ or other automated methods are not permitted.
- (b) You must be age 18 or older. The Children's Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under thirteen (18). Users under the age of 18 are not permitted to use Ready Tensor.
- (c) Ready Tensor does not target its Platform to children under 18, and we do not permit any Users under 18 on our Platform. If we learn of any User under the age of 18, we will terminate that User's Account immediately.
- (d) Your login may only be used by one person. You may not share your Account credentials (user name and password) with others, and you may not use anyone else's Account.
2.3 Account Security. You are responsible for keeping your Account secure while you use the Platform. Tools are available to help you maintain your Account's security, but the content of your Account and its security are your responsibility. You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others using your Account details.) Ready Tensor cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You will promptly notify Ready Tensor if you become aware of any unauthorized use of, or access to, our Platform through your Account, including any unauthorized use of your password or Account.
3.Platform Access and Use
Subject to and conditioned on your compliance with the terms and conditions of this Agreement, Ready Tensor hereby grants Authorized Users a right to access and use the Platform on a non-exclusive, non-transferable, and non-sublicensable basis, consistent with these Terms of Service in their entirety, including the following:
3.1 Use Restrictions. You shall not use the Platform for any purposes beyond the scope of the access granted in this Agreement. You shall at all times comply with Ready Tensor's Acceptable Use Policy.
3.2 Explicitly Prohibited Use. You are expressly prohibited from using the Platform or Ready Tensor IP in any manner that would facilitate the creation or operation of a competing commercial product or service, even when such materials may be made available for free use in ways that comply with these Terms of Service. This includes, but is not limited to, downloading materials or data from the Platform for such purposes.
3.3 Reservation of Rights. Ready Tensor reserves all rights not expressly granted to you in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Ready Tensor IP.
3.4 Suspension. Notwithstanding anything to the contrary in this Agreement, Ready Tensor may temporarily or permanently suspend your Account and/or access to the Platform if (i) Ready Tensor reasonably determines that (a) there is a threat or attack on any of the Ready Tensor IP; (b) your or another User's use of the Ready Tensor IP disrupts or poses a security risk to the Ready Tensor IP or to any other User, customer, or vendor of Ready Tensor; (c) you are using the Ready Tensor IP for fraudulent or illegal activities; (e) Ready Tensor's provision of the Platform to you is prohibited by applicable law; or (f) any User Content (including any AI Models) submitted, posted, or otherwise transmitted by you through the Platform may infringe or otherwise violate any third party's intellectual property or other rights; (ii) any vendor of Ready Tensor has suspended or terminated Ready Tensor's access to or use of any Third-Party Products required to enable you to access the Platform; or (iii) in accordance with a violation of any other term of this Agreement (each of (i), (ii), or (iii), a “Service Suspension”). Ready Tensor shall use commercially reasonable efforts to provide written notice of any Service Suspension to you and to provide updates regarding the resumption of access to the Platform following any Service Suspension. Ready Tensor shall use commercially reasonable efforts to resume providing access to the Platform as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Ready Tensor will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you or any other User may incur as a result of a Service Suspension.
3.5 Usage Data. Ready Tensor evaluates how users utilize the Platform to understand its users needs and preferences. You agree that Ready Tensor may collect and compile such Usage Data. As between you and Ready Tensor, all rights, title, and interest in Usage Data, and all intellectual property rights therein, belong to and are retained solely by Ready Tensor.
3.6 Retention of Authorized User Data. We may retain certain Authorized User data collected through the use of our services for a period necessary to comply with legal obligations, resolve disputes, enforce agreements, or as otherwise required by law. After this period, we may securely delete or anonymize such data.
4. User Responsibilities
As an Authorized User, you are at all times responsible and liable for all uses of the Platform resulting from access from your Account, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement, including but not limited to the following:
4.1 Your Representations about Your User Content. By posting User Content, you affirm that you have the necessary ownership, control, and rights to do so, and that your posted content complies with all applicable laws, regulations, and these Terms of Service. We reserve the right to remove any User Content at our discretion if we have concerns about its compliance.
4.2 Responsibility for the Content You Upload. You bear full responsibility for the content you upload, share, or make available on the Platform and for any actions resulting from your use of the Platform, including both our content and that of other users.
4.3 User Controls and Responsibility. You have and will retain sole responsibility for (i) all your User Content; (ii) your technology infrastructure and network and internet connection(s) from which you access the Platform; (iii) the security and use of your Account and associated credentials; and (iv) all access to and use of the Platform, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use.
5. Intellectual Property Ownership
5.1 Ready Tensor IP. You acknowledge that, as between you and Ready Tensor, Ready Tensor owns all right, title, and interest, including all intellectual property rights, in and to the Ready Tensor IP and, with respect to Third-Party Products, the applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to the Third-Party Products.
5.2 Your User Content. Ready Tensor acknowledges that, as between you and Ready Tensor, you and your licensors (if any) retain all rights, title, and interest, including all intellectual property rights, in and to User Content.
5.3 You Grant us Certain Permissions. We do not sell your User Content (“Content”), nor do we use it in any unauthorized manner. However, by posting Content on our Platform, you grant us a perpetual, worldwide, royalty-free, non-exclusive license to use, display, reproduce, and distribute your Content for the purpose of providing our services as allowed by these Terms and our Privacy Policy.
5.4 Submitting to Community Hubs. If you submit User Content to a Community Hub, your User Content will be visible to others and you acknowledge that other users may view, use, and modify your content in accordance with the terms of the specified Open-Source License. Once designated by you as Open-Source, your Content will be subject to the terms of the Open-Source license, which cannot be altered unilaterally.
5.5 Submitting to Team Hub. If you submit User Content to a Team Hub, you grant the Hub Administrator permission to control the visibility of your User Content, determining who may access it. If your User Content is submitted under an Open-Source license, each user granted access by the Hub Administrator is provided a perpetual, worldwide, royalty-free license to use, display, and modify your User Content, subject to the terms of the specified open-source license. Once designated as Open-Source, your User Content will be subject to the terms of the Open-Source license, which cannot be altered unilaterally.
5.6 Rights to Remove Your User Content.
- (a) As an Authorized User, you have the right to delete your User Content from our platform at any time. Upon deletion, any usage rights not already conferred to others will no longer be offered or made available to us or future users who may access the platform after the User Content's deletion.
- (b) You acknowledge and understand that, despite the removal of User Content from our Platform, certain instances of your User Content (including code) may have been adopted by other users under open-source licenses and reposted by that user consistent with the OSL. In such cases, the user's ability to retract their User Content does not extend to instances where it has been adopted by other users under open-source licenses and reposted to our Platform.
- (c) We reserve the right to retain copies of the deleted User Content for backup, archival, or legal compliance purposes, even after its removal from public view on the platform.
5.7 Feedback. If you provide us with any suggestions, recommendations, or materials, whether by mail, email, telephone, or any other means, regarding changes to the Ready Tensor IP, such as new features or functionality, or any other feedback ("Feedback"), you grant Ready Tensor a non-exclusive, perpetual, worldwide license to use such Feedback in whole or in part for implementation purposes.
6. IP Rights Enforcement
To the extent you believe any content on the Platform, whether in the form of uploaded AI Models, or other User Content you encounter while using the Platform violates or infringes your own or a third-party proprietary right, you shall report such content in accordance with Ready Tensor's Copyright Dispute Policy. You agree and acknowledge that Ready Tensor is not responsible for the conduct of Developers or other Users who upload AI Models, Datasets, or other content to the Platform without sufficient rights to do so.
7. Third-Party Products
Ready Tensor may from time to time make Third-Party Products available to you or may facilitate the integration of such Third-Party Products with the Platform. This enables the transmission of AI Models or other User Content from such Third-Party Products into the Platform, and vice versa, allows for the transmission of data, including User Data and basic metadata, from the Platform to Third-Party Products for necessary operations (including, for example and without limitation, GitHub, AWS Code Commit, BitBucket, Stripe, etc.). For the purposes of this Agreement, all interactions with Third-Party Products, whether for the transmission of data into the Platform or from the Platform to such Third-Party Products, are subject to their own respective terms and conditions.
Ready Tensor is not responsible for the operation of any Third-Party Products nor does it make any representations or warranties of any kind with respect to Third-Party Products or their respective providers. You are advised that the use of Third-Party Products may require the transmission of your User Content or data to third parties and that such transmission is governed by the terms and conditions of those Third-Party Products. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not authorize the installation, use, or transmission of data to and from such Third-Party Products.
By authorizing Ready Tensor to transmit your User Content from Third-Party Products into the Platform, or from the Platform to Third-Party Products, you represent and warrant to Ready Tensor that you have all the right, power, and authority to provide such authorization and that you have secured all necessary consents for such transmissions as may be required by law.
8 Data Security and Processing of Personal Information
8.1 Security Measures. Ready Tensor will implement and maintain commercially reasonable administrative, physical, and technical safeguards designed to protect User Content (including Personal Information) from unauthorized access, use, alteration, or disclosure.
8.2 Processing of Personal Information. Ready Tensor's rights and obligations with respect to Personal Information that it collects directly from you are set forth in Ready Tensor's Privacy Policy.
8.3 No Sensitive Data Permitted. User acknowledges and agrees that (i) the Platform is not designed to store Sensitive Data; and (ii) User will not use the Platform to store Sensitive Data and will not submit, post, or otherwise transmit through the Platform any User Content that includes or constitutes Sensitive Data.
9. Warranty Disclaimer
Ready Tensor and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Ready Tensor and all such parties together, the “Ready Tensor Parties”) make no representations or warranties concerning the Ready Tensor IP, and the Ready Tensor Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the platform or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your access of the platform or use of any Ready Tensor IP. The Ready Tensor Parties make no representations or warranties regarding suggestions or recommendations offered through or in connection with your use of the platform, including any AI model ratings received from other users. The Ready Tensor IP is provided by Ready Tensor (and its licensors and suppliers) on an “as-is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the Ready Tensor IP will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
10. Limitations of Liability and Remedies
10.1 Ready Tensor Liabilities. In no event will Ready Tensor be liable under or in connection with this agreement under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, for any: Consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages; Increased costs, diminution in value or lost business, production, revenues, or profits; Loss of goodwill or reputation; Use, inability to use, loss, interruption, delay or recovery of any data, or breach of data or system security; Cost of replacement goods or services.
Some states do not allow the exclusion or limitation of incidental or consequential or certain other damages, so the above limitation and exclusions may not apply.
10.2 Sole Remedies. This agreement sets forth the customer's sole remedies and Ready Tensor's sole liability and obligation for any actual, threatened, or alleged claims that the platform infringes, misappropriates, or otherwise violates any intellectual property rights of any third party. In no event will Ready Tensor's aggregate liability under this agreement exceed three times (3x) the total amounts paid to Ready Tensor in the twelve (12) months immediately preceding the claim.
11. Indemnification.
You agree to indemnify and hold the Ready Tensor Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any claims relating to (a) your use of the Ready Tensor IP (including any actions taken by a third party using your Account), and (b) your violation or breach of any of the terms of this Agreement. In the event of such a claim, suit, or action ('Claim'), we will attempt to provide notice of the Claim to the contact information we have for your Account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
12. General Terms
12.1 Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a 'Notice') must be in writing and addressed to the Parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the Party giving Notice from time to time in accordance with this Section). All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or email (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in this Agreement, a Notice is effective only (i) upon receipt by the receiving Party; and (ii) if the Party giving the Notice has complied with the requirements of this Section.
12.2 Force Majeure. In no event shall either Party be liable to the other Party, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement (except for any obligations to make payments), if and to the extent such failure or delay is caused by any circumstances beyond such Party’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
12.3 Amendment and Modification. Ready Tensor may change this Agreement (except for any Orders) from time to time at its discretion. The date on which the Agreement was last modified will be updated at the top of this Agreement. Ready Tensor will provide Customer with reasonable notice prior to any amendments or modifications taking effect, either by emailing the email address associated with Customer’s account on the Platform or by another method reasonably designed to provide notice to Customer. If Customer accesses or uses the Platform after the effective date of the revised Agreement, such access and use will constitute Customer’s acceptance of the revised Agreement beginning at the next Renewal Subscription Period or, if Customer enters into a new Order with Ready Tensor, as of the date of execution of such Order.
12.4 Waiver. No failure or delay by either Party in exercising any right or remedy available to it in connection with this Agreement will constitute a waiver of such right or remedy. No waiver under this Agreement will be effective unless made in writing and signed by an authorized representative of the Party granting the waiver.
12.5 Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to effect their original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
12.6 Governing Law; Submission to Jurisdiction. This Agreement is governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of California.
12.7 Dispute Resolution. Any dispute arising from or relating to the subject matter of this Agreement that cannot be resolved thereby within a period of sixty (60) days after notice of a dispute has been given by one party hereunder to the other, must be finally settled by arbitration in San Diego County, California using the English language in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (formerly operating as, Judicial Arbitration and Mediation Services, Inc.) then in effect, by one or more commercial arbitrator(s) with substantial experience in resolving complex commercial contract disputes, who may or may not be selected from the appropriate list of JAMS arbitrators. If the parties cannot agree upon the number and identity of the arbitrators within fifteen (15) days following the Arbitration Date, then a single arbitrator will be selected on an expedited basis in accordance with the Arbitration Rules and Procedures of JAMS. The arbitrator(s) will have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator(s) may determine. The prevailing party in the arbitration will be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party will have the right to seek equitable relief from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in San Mateo County.
12.8 Assignment. Customer may not assign any of its rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of Ready Tensor. Any purported assignment or delegation in violation of this Section will be null and void. No assignment or delegation will relieve the assigning or delegating Party of any of its obligations hereunder. This Agreement is binding upon and inures to the benefit of the Parties and their respective permitted successors and assigns.
12.9 Export Regulation. The Platforms utilize software and technology that may be subject to US export control laws, including the US Export Administration Act and its associated regulations. Customer shall not, directly or indirectly, export, re-export, or release the Platform or the underlying software or technology to, or make the Platform or the underlying software or technology accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. Customer shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Platform or the underlying software or technology available outside the US.
12.10 US Government Rights. Each of the software components that constitute the Platform is a “commercial item” as that term is defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212. Accordingly, if Customer is an agency of the US Government or any contractor therefor, Customer only receives those rights with respect to the Platform are granted to all other end users, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government users and their contractors.
12.11 Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of Customer, Section 2.2, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party will be entitled to equitable relief, including a restraining order, an injunction, specific performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
12.12 Equitable Relief. Ready Tensor may identify Customer as a user of the Platform and may use Customer’s name, logo, and other trademarks in Ready Tensor’s customer list, press releases, blog posts, advertisements, and website (and all use thereof and goodwill arising therefrom shall inure to the sole and exclusive benefit of Customer). Otherwise, neither Party may use the name, logo, or other trademarks of the other Party for any purpose without the other Party’s prior written approval.
12.13 Assignment. You may not assign, delegate or transfer this Agreement or your rights or obligations hereunder, or your Account, in any way (by operation of law or otherwise) without Ready Tensor’s prior written consent. We may transfer, assign, or delegate this Agreement and our rights and obligations without consent.
13. Entire Agreement
This Agreement, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of this Agreement, the related Exhibits, and any other documents incorporated herein by reference, the following order of precedence governs (i) first, this Agreement; and (ii) second, any other documents incorporated herein by reference.