Sahara Terms of Use

These Terms of Use ("Terms") describe your rights and obligations while using the Sahara AI website, software, services, and other offerings (collectively, "Services"). Please read these Terms carefully and in their entirety, as they include important information about your legal rights, remedies, and obligations. These Terms, together with our Privacy Policy constitute an agreement between the user ("you") and Sahara AI ("Sahara AI", "we", "us", "our").  

1. Acceptance of Terms
   By accessing or using our Services, you acknowledge that you have read, understand, and agree to be bound by these Terms. We may, in our sole discretion, revise the Terms from time to time with the new terms taking effect on the "Last updated" date. By continuing to use our Services after the changes become effective, you agree to be bound by the revised Terms. We may operate additional programs or services which require separate or additional terms.  In such cases, you agree to be further bound by the terms specific to the additional program or service, and such terms shall control to the extent there is a conflict with these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE OUR SERVICES.

   
   

2. Privacy


   How we collect, use, and disclose information, including personal information, that you provide to us via the Services is described in our Privacy Policy found at: https://www.saharalabs.ai/legal/privacy-policy.

   
   

3. User Account Registration
   You do not need to create an account (“User Account”) to access the Services; however, we may, from time to time, restrict access to certain features, parts, or content of the Services, or the entire Service to only those users who have created a User Account. You agree to provide accurate, current, and complete information during the registration process. If you create a User Account you are entirely responsible for the security and confidentiality of that account, including your password to access the User Account. Furthermore, you are entirely responsible for any and all activities that occur under your User Account. You agree to immediately notify us of any unauthorized use of your User Account or any other breach of your User Account's security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. By creating a User Account, you agree to receive service-related electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You may opt-out of receiving promotional emails that you have previously opted-in to at any time by following the instructions to unsubscribe, as provided therein.

   
   

4. Use of Services
   You agree to use our Services only for purposes that are permitted by these Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. You agree you will not engage or attempt to engage in any improper uses of the Services, including, but not limited to: (i) violating any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) storing the Services (including pages of the Service) on a server or other storage device connected to a network or creating a database by systematically downloading and storing any data from the Services (other than for page caching); (iii) removing or changing any content of the Services or attempting to circumvent the security or interfere with the proper working of the Services or any servers on which it is hosted; (iv) creating links to the Services from any other website without our prior written consent; (v) using any robot, data mining, screen scraping, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or their contents; (vi) posting, distributing, or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights; (vii) interfering with or disrupting the Services or the servers or networks connected to the Services; and (viii) modifying, copying, reproducing, duplicating, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling, or otherwise disassembling any portion of the Services or any software used on or for the Services or causing others to do so.

   
   

5. Sahara Points
   Earning and Redeeming Sahara Points: You may accrue Sahara Points through use of the Services, including by participating in various activities that we may specify from time to time. The specific Sahara Points you may accrue may be different depending on factors including the Services you use, and your eligibility. We may specify how users can redeem Sahara Points, including to access special features or exclusive areas of the Services at our sole discretion.
   Eligibility: To participate in the Sahara Points Program, your User Account must be continuously in good standing. If your User Account is not in good standing for any reason, or we determine in our sole discretion that you are abusing, gaming, or misusing the Sahara Points Program or have otherwise violated our Terms or any of the terms, agreements, and policies incorporated by reference, you may be ineligible to accrue Sahara Points, and you may forfeit any Sahara Points previously earned or accrued. Certain User Accounts may not be eligible to participate in the Sahara Points Program. We may update or change eligibility criteria, restrictions, and requirements at any time.
   Reversals or Failure to Accrue: The accrual of Sahara Points may be reversed where we determine, in our sole discretion, that the conditions required for accrual of Sahara Points were not satisfied. If this results in a negative Sahara Points balance, we may subtract a proportionate number of Sahara Points from existing Sahara Points balances or any future Sahara Points that would otherwise accrue to your User Account.
   Ownership of Points: Sahara Points are not your property. Any Sahara Points accrued by users will be reflected in your User Account in accordance with these Terms. Sahara Points may only be redeemed by the User Account owner, and no user is entitled to use any accrued Sahara Points other than as approved by the User Account owner. Sahara Points are not transferable to any third party or any other User Account not owned by you, unless otherwise specified by Sahara AI. Any non-permitted attempt to transfer Sahara Points is void and any Sahara Points that you attempt to transfer may be forfeited.

   
   

6. Suspension and Termination of Access to the Services


   We may, at /our option and in our sole discretion, suspend, restrict or terminate your access to the Services if: (i) we are so required by a facially valid subpoena, court order or binding order of any government authority; (ii) we reasonably suspect you of using the Services in connection with any prohibited uses stated in Section 4 of these Terms; (iii) your use of the Services is subject to any pending litigation, investigation or government proceeding and/or we, in our sole discretion, perceive a heightened risk of legal or regulatory non-compliance associated with your activity; (iv) any of our service partners are unable to support your use thereof; (v) you take any action that we deems in our sole discretion as circumventing our controls and/or safeguards; or (vi) you breach these Terms. If we suspend or terminate your use of the Services for any reason, we will provide you with notice of our actions, unless a court order or other legal process prevents or prohibits us from providing you with such notice. You acknowledge that our decision to take certain actions, including limiting access to or suspending your access to the Services, may be based on confidential criteria that are essential to our risk management and/or security protocols. You agree that we are under no obligation to disclose the details of our risk management and/or security procedures to you.

   
   

7. Intellectual Property


   All photos, videos, images, and text on the Services, together with the design and layout of the Services (“Content”) are copyrighted and may not be used without our written permission. All intellectual property rights in the Services and in any Content of the Services (including, but not limited to, text, graphics, design, layout, software, photographs, and other images, videos, sound, trademarks, and logos) are owned by us or our licensors. Except as expressly set forth herein, nothing in the Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading or using the Services. The Services and its Content, features, and functionality are and will remain the exclusive property of Sahara AI. Our Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms grant you a limited and non-exclusive right to use the Services. Except as indicated otherwise herein or in any additional terms or conditions, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or otherwise exploit any of the Content on our Services. You are expressly prohibited from: (i) modifying or making copies of any Content from the Services; (ii) using any illustrations, photographs, video or audio sequences or any graphics available through the Services separately from the accompanying text; (iii) deleting or altering any copyright, trademark, or other proprietary rights notices from copies of materials available through the Services; and (iv) uploading Content to the Services which violates the intellectual property rights of others. Anything you send to us through the Services, email, or other means may be used by us for any purpose.  By submitting any Content via our Services, you acknowledge and agree that the Company retains all right, title, and interest, including all intellectual property rights, in and to the Content and any enhancements, modifications, or derivative works thereof. By submitting material and/or Content to us through the Services, email, or other means, you irrevocably transfer and assign to Sahara AI, and forever waive, and agree never to assert, any copyrights, moral rights, or other rights that you may have in such material and/or Content. We are free to use, without obligation of any kind, any ideas, concepts, techniques, know-how, materials, and/or Content contained in any communication you send to us or to the Services for any purpose whatsoever including, without limitation, the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such ideas, concepts, techniques, know-how, materials, and/or Content. This paragraph shall not apply to your personal information, which is defined in and governed by the Privacy Policy.

   
   

8. Early-Stage Service and Disclaimer of Warranties



   Please be aware that our Services are in the early stages of development. As such, they may be subject to stability issues and intermittent downtime. We are continuously working to improve the stability and functionality of our Services, but we cannot guarantee uninterrupted service. 

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON THE SERVICES, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE SERVICES INCLUDING COMPUTER VIRUSES). TO THE EXTENT PERMITTED BY LAW, SAHARA AI, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, THE “SAHARA PARTIES”) PROVIDE THE SERVICES, AND ALL CONTENT CONTAINED THEREIN,, “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUSES.
NO INFORMATION PROVIDED VIA THE SERVICES SHALL CREATE ANY WARRANTY.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SAHARA PARTIES MAKE NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED: (i) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, ACCURACY, TRUTHFULNESS, OR COMPLETENESS OF THE SERVICES; (ii) THAT THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE; (iii) THAT THE SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS; (iv) AS TO THE QUALITY OR VALUE OF ANY OF SAHARA AI’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE SERVICES; (v) THAT ANY ERRORS PERTAINING TO THE SERVICES WILL BE CORRECTED.
THE SAHARA PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SAHARA PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.  BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.

9. Limitation of Liability


   UNDER NO CIRCUMSTANCES WILL THE SAHARA PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SAHARA PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES; OR (F) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE SAHARA PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).  

IN NO EVENT WILL THE SAHARA PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE SAHARA PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICES DURING THE PRECEDING YEAR.  
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE SAHARA PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE SAHARA PARTIES.  BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
Company reserves the right, at any time, in Company’s sole and exclusive discretion, to amend, modify, suspend, or terminate the Services, or any part thereof, and/or your use of or access to them, with or without notice.  Company shall have no liability to you or any other person or entity for any modification, suspension, or termination, or any loss of related information.

10. Indemnity



    To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Sahara Parties, from and against all actual or alleged any claims, liabilities, damages, losses, costs, and/or expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with the following (whether resulting from your activities on the Services or those conducted on your behalf): (i) your access to or use of the Services; (ii) your breach or alleged breach of these Terms; or (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.  You agree that the Sahara Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify, defend, and hold harmless any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Sahara Parties in connection therewith.  You will cooperate as fully required by Sahara AI in the defense of any claim.  The Sahara Parties reserve the right to assume exclusive control of its defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify the Sahara Parties.  You shall not settle any claim without the prior written consent of Sahara AI.

    
    

11. Dispute Resolution, Agreement to Arbitrate, and Class Action Waiver
    This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.

    
    Informal Process. You agree that in the event of any dispute between you and Sahara AI, you will first contact Sahara AI and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
    
    

    Agreement to Arbitrate. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Dispute”) relating in any way to these Terms or Sahara AI’s services and/or products, including but not limited to the Services, or relating in any way to the communications between you and Sahara AI or any other user of the Services, will be finally resolved by binding arbitration.  This mandatory arbitration agreement applies to you and to Sahara AI.  However, this arbitration agreement does not (a) govern any Dispute by Sahara AI for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms, or (b) bar you from making use of applicable small claims court procedures in appropriate cases.
    
    

    You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Sahara AI are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
    
    

    If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to: team@saharalabs.ai. 

Arbitration Procedure and Rules.
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, including all questions of arbitrability, shall be determined by final and binding arbitration before a single arbitrator seated in Grand Cayman, Cayman Islands, and will be governed exclusively by the Arbitration Act 2012 (the “Arbitration Act”).  The arbitrator will be selected from the roster of arbitrators at the Cayman International Mediation and Arbitration Centre (“CIMAC”), unless the parties agree otherwise. If the parties do not agree on the selection of a single arbitrator within ten (10) days after a demand for arbitration is made, then the arbitrator will be selected by the CIMAC from among its available professionals. Arbitration of all disputes and the outcome of the arbitration will remain confidential between the parties except as necessary to obtain a court judgment on the award or other relief or to engage in collection of the judgment. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Cayman Islands, with respect to this Section to compel arbitration, to confirm an arbitration award or order, or to handle such court functions as may be permitted under the Arbitration Act. The parties irrevocably waive any defense of forum non conveniens in respect of the maintenance of any such action or other proceeding.
You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons.  Each party shall be exclusively responsible for paying its own arbitration filing fees, which may later be allocated by the arbitrator as set forth below.
The arbitrator shall issue a reasoned award and, subject to the limitation of liability set forth above, shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award.  Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs, to proceed ex aequo et bono, or to exercise rights of iura novit curia.  Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.  The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.  No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law.  Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law.  Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.

YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH SAHARA AI MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM WILL BE PERMANENTLY BARRED.

12. Governing Law and Jurisdiction


    Unless specified otherwise, these Terms shall be governed by the laws of the Cayman Islands. You agree to submit to the personal jurisdiction of the courts located in Grand Cayman, Cayman Islands for any actions for which we retain the right to seek injunctive or other equitable relief.

    
    

13. External Links


    The Services may contain links to other third-party website and/or applications or otherwise re-direct you to other third-party website, applications (including meeting software) or services (collectively, the “Linked Websites”).  The Linked Websites are not under our control, and we are not responsible for any Linked Websites, including, but not limited to, any content contained in a Linked Websites or any changes or updates to the Linked Websites. The Linked Websites may require you to agree to additional terms and conditions between you and such third party. When you click on a link to Linked Websites, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies, if and as applicable) of another website or destination. WE ARE NOT RESPONSIBLE FOR ANY SUCH TERMS AND CONDITIONS OR ANY DAMAGES YOU MAY INCUR BY USING THE LINKED WEBSITES. Sahara AI provides these Linked Websites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to the Linked Websites or their products or services. You use all links in the Linked Websites at your own risk.

    
    

14. Assignment


    These Terms and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but we may assign them without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

    
    

15. Severability


    If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

    
    

16. Entire Agreement


    These Terms, together with any amendments and any additional agreements you may enter with us in connection with the Services shall constitute the entire agreement between you and us concerning the Services.

    
    

17. Entire Agreement


    No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.

    
    

18. Contact Information
    If you have any questions about these Terms, please contact us at: team@saharalabs.ai.