Terms of Use
Terms
These Terms of Use (“Terms”) govern your use of our website
located at incarno.ai (the “Site”), and form a binding agreement
between you and Grid Dynamics Holdings, Inc. (“Company”, “us”,
“our”, and “we”). Certain features of the Site may be subject to
additional guidelines, terms, or rules, which will be posted on
the Site in connection with such features. All such additional
terms, guidelines, and rules are incorporated by reference into
these Terms.
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS
THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE
SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR
THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT
THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO
THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU
REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE
TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE
WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR
USE THE SITE. THESE TERMS REQUIRE THE USE OF ARBITRATION
(SECTION 8.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER
THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES
AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. WE RESERVE THE RIGHT
TO UPDATE OR REVISE THESE TERMS FROM TIME TO TIME IN OUR SOLE
AND ABSOLUTE DISCRETION. ANY SUCH UPDATES OR REVISIONS SHALL
BECOME EFFECTIVE THIRTY (30) DAYS AFTER THE UPDATED OR REVISED
TERMS ARE POSTED ON THE SITE. YOUR CONTINUED USE OF THE SITE
CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AS REVISED.
1. Access to the Site
1.1 License. Subject to
these Terms, Company grants you a non-transferable,
non-exclusive, revocable, limited license to use and access the
Site solely for your own personal, noncommercial use.
1.2.
Certain restrictions.
The rights granted to you in these Terms are subject to the
following restrictions: (a) you shall not license, sell, rent,
lease, transfer, assign, distribute, host, or otherwise
commercially exploit the Site, whether in whole or in part, or
any content displayed on the Site; (b) you shall not modify,
make derivative works of, disassemble, reverse compile or
reverse engineer any part of the Site; (c) you shall not access
the Site in order to build a similar or competitive website,
product, or service; (d) except as expressly stated herein, no
part of the Site may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any
form or by any means; (e) you shall not gain, or attempt to
gain, any unauthorized access or otherwise abuse any accounts,
databases, applications and systems of the Site; and (f) you
shall not interfere with the Site’s availability and operations
by any means. Further, the Site is regularly checked for
security gaps and vulnerabilities, and all unauthorized access
and other intrusion attempts are monitored, logged, and will be
reported and investigated to the relevant authorities. Unless
otherwise indicated, any future release, update, or other
addition to functionality of the Site shall be subject to these
Terms. All copyright and other proprietary notices on the Site
(or on any content displayed on the Site) must be retained on
all copies thereof.
1.3.
Modification. Company
reserves the right, at any time, to modify, suspend, or
discontinue the Site (in whole or in part) with or without
notice to you. You agree that Company will not be liable to you
or to any third party for any modification, suspension, or
discontinuation of the Site or any part thereof.
1.4.
No Support or Maintenance.
You acknowledge and agree that Company will have no obligation
to provide you with any support or maintenance in connection
with the Site.
1.5. Ownership. You
acknowledge that all the intellectual property rights, including
copyrights, patents, trade marks, and trade secrets, in and to
the Site and its content are owned by Company or Company’s
affiliates, licensors, or suppliers. Neither these Terms (nor
your access to the Site) transfers to you or any third party any
rights, title or interest in or to such intellectual property
rights, except for the limited access rights expressly set forth
in Section 1.1. Company and its suppliers reserve all rights not
granted in these Terms. There are no implied licenses granted
under these Terms.
1.6.
Products and Services.
Any products or services offered by Company through the Site or
otherwise may be subject to the terms and conditions of a
separately executable agreement by and between you and the
Company.
2. Indemnification
You agree to indemnify and hold Company, its affiliates,
licensors, and suppliers, and their respective officers,
employees, and agents harmless from any and all third-party
claims, liabilities, demands, costs, or expenses (including
reasonable attorneys’ fees) due to or arising out of (a) your
use of the Site, (b) your violation of these Terms or (c) your
violation of applicable laws or regulations. Company reserves
the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify
us, and you agree to cooperate with our defense of these claims.
You agree not to settle any matter without the prior written
consent of Company. Company will use reasonable efforts to
notify you of any such claim, action or proceeding upon becoming
aware of it.
3. Third-Party Links & Ads; Other Users
3.1.
Third-Party Links & Ads.
The Site may contain links to third-party websites and services,
and/or display advertisements for third parties (collectively,
“Third-Party Links & Ads”). Such Third-Party Links & Ads are not
under the control of Company, and Company is not responsible for
any Third-Party Links & Ads. Company provides access to these
Third-Party Links & Ads only as a convenience to you, and does
not review, approve, monitor, endorse, warrant, or make any
representations with respect to Third-Party Links & Ads. You use
all Third-Party Links & Ads at your own risk, and should apply a
suitable level of caution and discretion in doing so. When you
click on any of the Third-Party Links & Ads, the applicable
third party’s terms and policies apply, including the third
party’s privacy and data gathering practices. You should make
whatever investigation you feel necessary or appropriate before
proceeding with any transaction in connection with such
Third-Party Links & Ads.
4. Disclaimers
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND
COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED,
OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS)
MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL
BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER
HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW
REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH
WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE
DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
5. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF
SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING
TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE,
EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA
RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS
AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF
FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE
CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS
WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO
THIS AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
Release. You hereby
release and forever discharge the Company (and our officers,
employees, agents, successors, and assigns) from, and hereby
waive and relinquish, each and every past, present and future
dispute, claim, controversy, demand, right, obligation,
liability, action and cause of action of every kind and nature
(including personal injuries, death, and property damage), that
has arisen or arises directly or indirectly out of, or that
relates directly or indirectly to, the Site (including any
interactions with, or act or omission of, any Third-Party Links
& Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE
CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE
FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR.
6. Term and Termination
Subject to this Section, these Terms will remain in full force
and effect while you use the Site. We may suspend or terminate
your rights to use the Site at any time for any reason at our
sole discretion, including for any use of the Site in violation
of these Terms. Upon termination of your rights under these
Terms, your right to access and use the Site will terminate
immediately. Company will not have any liability whatsoever to
you for any termination of your rights under these Terms. Even
after your rights under these Terms are terminated, the
following provisions of these Terms will remain in effect:
Sections 1.2 through 1.5 and Sections 2 through 7.
7. General
7.1. Changes.These Terms
are subject to occasional revision, and if we make any
substantial changes we may notify you by prominently posting
notice of the changes on our Site. Any changes to these Terms
will be effective thirty (30) calendar days following our
posting of notice of the changes on our Site. These changes will
be effective immediately for new users of our Site. Continued
use of our Site following notice of such changes shall indicate
your acknowledgement of such changes and agreement to be bound
by the terms and conditions of such changes.
7.2.
Dispute Resolution. Please read this Arbitration Agreement
carefully. It is part of your contract with Company and
affects your rights. It contains procedures for MANDATORY
BINDING ARBITRATION AND A CLASS ACTION WAIVER.
7.2.1.
Applicability of Arbitration Agreement.
All claims and disputes (excluding claims for injunctive or
other equitable relief as set forth below) in connection with
the Terms or the use of any product or service provided by the
Company that cannot be resolved informally or in small claims
court shall be resolved by binding arbitration on an individual
basis under the terms of this Arbitration Agreement. Unless
otherwise agreed to, all arbitration proceedings shall be held
in English. This Arbitration Agreement applies to you and the
Company, and to any subsidiaries, affiliates, agents, employees,
predecessors in interest, successors, and assigns, as well as
all authorized or unauthorized users or beneficiaries of
services or goods provided under the Terms.
7.2.2.
Notice Requirement and Informal Dispute Resolution.
Before either party may seek arbitration, the party must first
send to the other party a written Notice of Dispute (“Notice”)
describing the nature and basis of the claim or dispute, and the
requested relief. A Notice to the Company should be sent to:
5000 Executive Parkway, Suite 520, San Ramon, CA 94583, United
States. After the Notice is received, you and the Company may
attempt to resolve the claim or dispute informally. If you and
the Company do not resolve the claim or dispute within thirty
(30) days after the Notice is received, either party may begin
an arbitration proceeding. The amount of any settlement offer
made by any party may not be disclosed to the arbitrator until
after the arbitrator has determined the amount of the award, if
any, to which either party is entitled.
7.2.3.
Arbitration Rules.
Arbitration shall be initiated through the American Arbitration
Association (“AAA”), an established alternative dispute
resolution provider (“ADR Provider”) that offers arbitration as
set forth in this section. If AAA is not available to arbitrate,
the parties shall agree to select an alternative ADR Provider.
The rules of the ADR Provider shall govern all aspects of the
arbitration, including but not limited to the method of
initiating and/or demanding arbitration, except to the extent
such rules are in conflict with the Terms. The AAA Consumer
Arbitration Rules (“Arbitration Rules”) governing the
arbitration are available online at www.adr.org or by calling
the AAA at 1-800-778-7879. The arbitration shall be conducted by
a single, neutral arbitrator. Any claims or disputes where the
total amount of the award sought is less than Ten Thousand U.S.
Dollars (US $10,000.00) may be resolved through binding
non-appearance-based arbitration, at the option of the party
seeking relief. For claims or disputes where the total amount of
the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or
more, the right to a hearing will be determined by the
Arbitration Rules. Any judgment on the award rendered by the
arbitrator may be entered in any court of competent
jurisdiction. Each party shall bear its own costs (including
attorney’s fees) and disbursements arising out of the
arbitration and shall pay an equal share of the fees and costs
of the ADR Provider.
7.2.4.
Additional Rules for Non-Appearance Based Arbitration.
If non-appearance based arbitration is elected, the arbitration
shall be conducted by telephone, online and/or based solely on
written submissions; the specific manner shall be chosen by the
party initiating the arbitration. The arbitration shall not
involve any personal appearance by the parties or witnesses
unless otherwise agreed by the parties.
7.2.5. Time Limits. If
you or the Company pursue arbitration, the arbitration action
must be initiated and/or demanded within the statute of
limitations (i.e., the legal deadline for filing a claim) and
within any deadline imposed under the AAA Rules for the
pertinent claim.
7.2.6.
Authority of Arbitrator.
If arbitration is initiated, the arbitrator will decide the
rights and liabilities, if any, of you and the Company, and the
dispute will not be consolidated with any other matters or
joined with any other cases or parties. The arbitrator shall
have the authority to grant motions dispositive of all or part
of any claim. The arbitrator shall have the authority to award
monetary damages, and to grant any non-monetary remedy or relief
available to an individual under applicable law, the AAA Rules,
and the Terms. The arbitrator shall issue a written award and
statement of decision describing the essential findings and
conclusions on which the award is based, including the
calculation of any damages awarded. The arbitrator has the same
authority to award relief on an individual basis that a judge in
a court of law would have. The award of the arbitrator is final
and binding upon you and the Company.
7.2.7.
Waiver of Jury Trial.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY
RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A
JURY, instead electing that all claims and disputes shall be
resolved by arbitration under this Arbitration Agreement.
Arbitration procedures are typically more limited, more
efficient and less costly than rules applicable in a court and
are subject to very limited review by a court. In the event any
litigation should arise between you and the Company in any state
or federal court in a suit to vacate or enforce an arbitration
award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A
JURY TRIAL, instead electing that the dispute be resolved by a
judge.
7.2.8.
Waiver of Class or Consolidated Actions.
CONSOLIDATED ACTIONS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE
OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON
AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE
THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED
JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR
USER.
7.2.9.
Confidentiality. All
aspects of the arbitration proceeding, including but not limited
to the award of the arbitrator and compliance therewith, shall
be strictly confidential. The parties agree to maintain
confidentiality unless otherwise required by law. This paragraph
shall not prevent a party from submitting to a court of law any
information necessary to enforce this Agreement, to enforce an
arbitration award, or to seek injunctive or equitable relief.
7.2.10. Severability. If
any part or parts of this Arbitration Agreement are found under
the law to be invalid or unenforceable by a court of competent
jurisdiction, then such specific part or parts shall be of no
force and effect and shall be severed and the remainder of the
Agreement shall continue in full force and effect.
7.2.11.
Right to Waive. Any or
all of the rights and limitations set forth in this Arbitration
Agreement may be waived by the party against whom the claim is
asserted. Such waiver shall not waive or affect any other
portion of this Arbitration Agreement.
7.2.12.
Survival of Agreement.
This Arbitration Agreement will survive the termination of your
relationship with Company.
7.2.13.
Small Claims Court.
Notwithstanding the foregoing, either you or the Company may
bring an individual action in small claims court.
7.2.14.
Emergency Equitable Relief.
Notwithstanding the foregoing, either party may seek emergency
equitable relief before a state or federal court in order to
maintain the status quo pending arbitration. A request for
interim measures shall not be deemed a waiver of any other
rights or obligations under this Arbitration Agreement.
7.2.15.
Claims Not Subject to Arbitration.
Notwithstanding the foregoing, claims of defamation, violation
of the Computer Fraud and Abuse Act, and infringement or
misappropriation of the other party’s patent, copyright,
trademark or trade secrets shall not be subject to this
Arbitration Agreement.
7.2.16. Courts. In any
circumstances where the foregoing Arbitration Agreement permits
the parties to litigate in court, the parties hereby agree to
submit to the personal jurisdiction of the courts located within
the County, California, for such purpose.
7.3. Export. The Site
may be subject to U.S. export control laws and may be subject to
export or import regulations in other countries. You agree not
to export, reexport, or transfer, directly or indirectly, any
U.S. technical data acquired from Company, or any products
utilizing such data, in violation of the United States export
laws or regulations.
7.4.
Disclosures. Company is
located at the address in Section 7.8. If you are a California
resident, you may report complaints to the Complaint Assistance
Unit of the Division of Consumer Product of the California
Department of Consumer Affairs by contacting them in writing at
400 R Street, Sacramento, CA 95814, or by telephone at (800)
952-5210.
7.5.
Electronic Communications.
The communications between you and Company use electronic means,
whether you use the Site or send us emails, or whether Company
posts notices on the Site or communicates with you via email.
For contractual purposes, you (a) consent to receive
communications from Company in an electronic form; and (b) agree
that all terms and conditions, agreements, notices, disclosures,
and other communications that Company provides to you
electronically satisfy any legal requirement that such
communications would satisfy if it were be in a hardcopy
writing. The foregoing does not affect your non-waivable rights.
7.6. Entire Terms. These
Terms constitute the entire agreement between you and us
regarding the use of the Site. Our failure to exercise or
enforce any right or provision of these Terms shall not operate
as a waiver of such right or provision. The section titles in
these Terms are for convenience only and have no legal or
contractual effect. The word “including” means “including
without limitation”. If any provision of these Terms is, for any
reason, held to be invalid or unenforceable, the other
provisions of these Terms will be unimpaired and the invalid or
unenforceable provision will be deemed modified so that it is
valid and enforceable to the maximum extent permitted by law.
Your relationship to Company is that of an independent
contractor, and neither party is an agent or partner of the
other. These Terms, and your rights and obligations herein, may
not be assigned, subcontracted, delegated, or otherwise
transferred by you without Company’s prior written consent, and
any attempted assignment, subcontract, delegation, or transfer
in violation of the foregoing will be null and void. Company may
freely assign these Terms. The terms and conditions set forth in
these Terms shall be binding upon assignees.
7.7.
Copyright/Trademark Information.
Copyright © 2025 Grid Dynamics Holdings, Inc. All rights
reserved. All trademarks, logos and service marks (“Marks”)
displayed on the Site are our property or the property of other
third parties. You are not permitted to use these Marks without
our prior written consent or the consent of such third party
which may own the Marks.
7.8. Contact Information.
5000 Executive Parkway, Suite 520
San Ramon, CA
94583, United States
Telephone: +1 (650) 523-5000
