EDGE AI Development Kit Disclaimer
E2IP Technologies Inc. (“E2IP”) provides the EDGE AI Development Kit (the “Kit”) to you subject to the following disclaimer. By purchasing, downloading, accessing, installing or using this Kit, you acknowledge and agree to be bound by the following terms of this disclaimer. If you disagree with any of the following terms, then do not purchase, download, access, install or use the Kit.
- The Kit
The Kit is provided as a development and evaluation kit intended exclusively for prototyping, testing, and engineering development purposes solely for your non-commercial and internal business purposes, which excludes any commercial use of the Kit, including if integrated to a commercial product. It is not a finished end product and may not be complete, fully functional, or certified. This Kit has not been tested for compliance with all regulatory, safety, or environmental requirements and standards applicable where you may be using the Kit and in no way shall E2IP be deemed to represent or warrant, whether explicitly or implicitly, that the Kit is complete, fully functional, or certified and/or that it complies with any regulatory, safety, or environmental requirements and standards applicable where you may be using the Kit.
The Kit in its shipped configuration may not meet requirements such as, by way of example and not limitation, FCC, CE, UKCA, ISED/ICES, UL, CSA, RoHS, REACH (including PFAS restrictions under Annex XVII and applicable U.S. state laws), WEEE, California Proposition 65, or other regional, national, or international regulations.
- Use at Your Own Risk
The Kit is provided “as is” and “as available,” with all faults, and without any representations or warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, title, or accuracy.
- Limitation of Liability
To the maximum extent permitted by applicable law, E2IP shall not be liable for any damages of any kind arising out of or related to the use or inability to use this Kit, including but not limited to direct, indirect, incidental, special, consequential, exemplary, or punitive damages, even if advised of the possibility of such damages. Notwithstanding the foregoing, in the event that E2IP is liable for any damages, in no event shall E2IP’s aggregate liability exceed the amount paid by you for the Kit.
- No Safety-Critical or High-Risk Use
This Kit is not designed, intended, or authorized for use or integration and you agree not to use or integrate the Kit in or to life-support systems, medical devices, emergency response systems, aerospace or aviation systems, automotive safety or autonomous driving systems, nuclear facilities, weapons systems, critical infrastructure, or any other safety-critical or high-risk applications where failure, error, or inaccuracy could result in personal injury, death, or severe property or environmental damage.
- AI Model Outputs and Limitations
Any artificial intelligence, machine learning models, inference engines, sample datasets, or related software distributed with or pre-installed on this Kit are provided solely for your non-commercial and internal business purposes, limited to prototyping, testing, and engineering development, which excludes any commercial use of the Kit, including if integrated to a commercial product. All outputs, results, data, feedback, suggestions, improvements, configurations, performance information, test results, learnings, and other materials generated, derived from, or arising out of your use of the Kit, including any AI outputs generated by the Kit (collectively, “AI Output”) may be inaccurate, incomplete, biased, or otherwise unsuitable for any particular use. E2IP makes no representations or warranties regarding the accuracy, reliability, fairness, fitness for any purpose, security, or suitability of any AI Output, and shall have no liability of any kind arising from or related to your use of or reliance on any AI Output generated by the Kit. You are solely responsible for validating, testing, and monitoring the performance of any models included as part of the Kit and of the AI Output for your intended application, and for ensuring that your use of the Kit and any AI Output complies with all applicable AI-specific regulations, including but not limited to the EU AI Act, in all jurisdictions where the Kit is used. Neither the Kit nor the AI Output are intended for use in prohibited AI practices or high-risk AI systems as defined under such AI-specific regulations, and you shall not use the Kit or the AI Output for any such practices or systems. You shall ensure that the Kit and the AI Output are used and supervised by the necessary level of human input and control as provided by applicable laws, including any AI-specific regulations.
All AI Output may be used by E2IP for any purpose. To the extent you own or control any rights in or to any AI Outputs, you hereby grant to E2IP a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, fully paid-up and royalty-free right and license to access, use, reproduce, modify, adapt, analyze, test, validate, distribute, display, perform, commercialize, and otherwise exploit such AI Output for any lawful purpose, including to develop, improve, support, market, and commercialize the Kit and any other products, services, technologies, models, or offerings of E2IP. You represent and warrant that you have obtained all rights, consents, and permissions necessary to grant the foregoing rights to E2IP, including with regards to any input processed through the Kit, notably consent for use of any personally identifiable data or health personal data as input.
- User Responsibility for Compliance
You are solely responsible for ensuring that any product, system, or application developed using this Kit complies with all applicable laws, regulations, standards, and certification requirements in the jurisdictions where it is designed, manufactured, used, or distributed. This includes, without limitation, electromagnetic compatibility, product safety, environmental, accessibility, cybersecurity, and AI-related obligations. E2IP makes no representation and specifically disclaims any warranty that the Kit is capable of, or will assist you in, complying with any applicable laws, regulations, standards, or certification requirements anywhere in the world.
- Export Control and Sanctions Compliance
This Kit, including any accompanying hardware, software, firmware, models, and technical data, may be subject to export control laws and regulations, including but not limited to the U.S. Export Administration Regulations (EAR), U.S. Office of Foreign Assets Control (OFAC) sanctions, Canadian export controls under the Export and Import Permits Act, and applicable regulations in other jurisdictions. You agree not to export, re-export, transfer, or release the Kit or any derivative, directly or indirectly, to any country, entity, or individual subject to applicable embargoes, sanctions, or restricted-party lists, or for any prohibited end-use, without obtaining any required authorizations. You are responsible for determining the correct export classification of any product you develop using the Kit.
- Open Source and Third-Party Software
The Kit may include or be distributed with third-party components integrated thereto, including but not limited to APIs, plugins, extensions, modules, open source software, third-party libraries, pre-trained models, or sample code, each of which is governed by its own license terms and notices. Such components are not covered by any warranty from E2IP and are provided subject to the terms of their respective licenses. A list of included components and their applicable licenses is made available with the Kit or upon request at info@e2ip.com.
- Intellectual Property
No license, express or implied, by estoppel or otherwise, is granted under any intellectual property rights of E2IP or any third party, except for the right to use the Kit as expressly stated in writing herein or in any separate terms of sale or license agreement referenced at the point of purchase. You are responsible for ensuring that your use of the Kit and any resulting product, system, or application developed using this Kit do not infringe the intellectual property rights of others.
- Modifications and Integration
Any modifications, integrations, reverse engineering, or combinations of this Kit with other components or systems are performed at your own risk. E2IP specifically disclaims and assumes no responsibility for the performance, safety, regulatory status, or compliance of any system which is modified, integrated, combined or reverse engineered using the Kit.
- Data Privacy
If the Kit is used to collect, process, or transmit personally identifiable data or health personal data, you are solely responsible for compliance with all applicable data protection and privacy laws that may apply to such use, including but not limited to the EU General Data Protection Regulation (GDPR), Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and Law 25 (Act to modernize legislative provisions as regards the protection of personal information, Quebec), the California Consumer Privacy Act (CCPA/CPRA), and equivalent laws in other jurisdictions. E2IP is not a data controller or processor with respect to data you collect using the Kit and you shall not transmit any such personally identifiable data or health personal data to E2IP for any reason.
- Indemnification
You agree to defend, indemnify, and hold harmless E2IP, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Kit, your development or distribution of any product incorporating the Kit, your violation of any law or regulation, or your breach of these terms.
- Governing Law and Jurisdiction
These terms shall be exclusively governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles. The Parties shall submit any dispute arising out of or relating to the Kit or these terms to the exclusive jurisdiction of the courts of the Province of Quebec, district of Montreal. Each party hereby consents to such exclusive jurisdiction and venue. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
- Severability and Entire Understanding
If any provision of this disclaimer is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall remain in full force and effect. This disclaimer, together with any separate terms of sale or license agreement referenced at the point of purchase, constitutes the entire understanding between you and E2IP with respect to the Kit.
Contact Information
Questions should be sent to:
E2IP TECHNOLOGIES
514-631-6662 (Montreal Area)
1-866-631-6662 (International)
750 Blvd. Marcel-Laurin #375
Montréal, QC H4M 2M4 Canada
