Last updated November 2023
Introduction
Welcome to RLTM.ai! These Terms of Service (“Terms”) govern your access to and use of RLTM.ai’s website, services, and products (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms, which together with our Privacy Policy, form a legally binding contract between you and RealTime Agency (“Company”, “we”, “us”, or “our”). If you do not agree to these Terms, please do not use our Service. The effective date of these Terms is April 1, 2023.
Use of the Site and Service
The Service provides comprehensive, hands-on training in Generative AI, including courses, materials, and interactive projects (“Training Program”). You are granted a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes as set forth in these Terms.
You agree not to use the Service for any unlawful purpose or in any way that interferes with or disrupts the integrity or performance of the Service. The Company reserves the right to refuse service, terminate accounts, or cancel orders at its sole discretion.
User Accounts and Registrations
To access certain features of the Service, you must register for an account. When creating your account, you agree to provide accurate, current, and complete information about yourself as prompted by our registration forms. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account.
Intellectual Property Rights
All content on the Service, including but not limited to text, graphics, logos, images, and the compilation thereof, is the property of the Company or its licensors and protected by copyright and other intellectual property laws. You agree not to reproduce, distribute, modify, or create derivative works of any content without express written permission from the Company.
Payment and Refund Policy
Enrollment in our Training Program requires payment of applicable fees in USD, as detailed on our website. All payments made to RLTM.ai are processed in United States Dollars (USD) and are subject to our refund policy. This policy allows for a full refund within a specified period after purchase, provided that certain conditions are met. Detailed information regarding payment methods, refund processes, and dispute resolution procedures is readily available on our website for your convenience and transparency.
Cancellation Policy
Participants may cancel their enrollment in accordance with our cancellation policy, which specifies any required notice periods and potential fees for cancellation. For more details, please refer to the cancellation policy outlined on our website.
Promotions and Discounts
From time to time, the Company may offer promotions or discounts on its services. Such promotions are subject to the terms and conditions specified at the time of the offer and may be modified or discontinued by the Company without prior notice.
Limitations of Liability
The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service. The total liability of the Company to you for any claim arising from or relating to these Terms or the Service shall not exceed the amount you have paid to us for the Service.
Term of Agreement. This Agreement shall become effective as of the Effective Date immediately upon execution by the Parties, and this Agreement shall remain in full force and effect until Consultant has completed the Services (the "Term"), unless this Agreement terminated or extended by the Parties in accordance with the terms of this Agreement.
Relationship of the Parties. It is the intent of the Parties that Consultant performs all Services under this Agreement as an independent contractor. Nothing in this Agreement is intended, or should be construed, to create a partnership, agency, joint venture or employment relationship between the Parties.
Autonomy. The Consultant shall work collaboratively with Client in order to serve the best interests of the Client as determined mutually by Client and Consultant. The Consultant shall work collaboratively with Client to arrange working times and all methods employed by Consultant shall be as agreed to by Client. At all times, Consultant shall be responsive to the reasonable needs and concerns of the Client.
Equipment. Except as is otherwise provided in this Agreement, the Client will provide, at the Client's own expense, any and all equipment, tools, materials, and other supplies necessary to complete the Services in accordance with the terms of this Agreement.
Taxes & Insurance. The Parties agree that the Consultant shall be responsible for payment of all taxes and insurance requirements under applicable law, including, but not limited to social security taxes and federal, state and local income taxes. The Consultant warrants that Consultant will make any and all necessary payments to appropriate governmental agencies and indemnify the Client against any and all claims, liabilities, costs, or expenses that may arise out of Consultant's breach of this requirement.
Non-Exclusive Relationship. The Parties acknowledge and agree that this Agreement creates a non-exclusive professional relationship amongst the Parties and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services that are similar to the Services contemplated by this Agreement.
Payment for Services. The Client shall compensate the Consultant for Services rendered pursuant to this Agreement in accordance with the Invoice of Payment.
Confidentiality. The Consultant acknowledges and agrees that the Client now owns and will hereafter develop, compile and own certain proprietary and confidential information, techniques, methods, processes, systems, curriculums, strategies, trade secrets and other Intellectual Property which have great value (collectively, "Confidential Information"). For purposes of this Agreement, "Confidential Information" shall be deemed to include any data or information relating to the Client, Client's organization, and the Client's business which: (i) has commercial value; (ii) is not generally known; (iii) would reasonably be considered to be private or proprietary to the Client; and (iv) where the release of such Confidential Information could reasonably be expected to cause harm to the Client.
The Parties acknowledge that it will be necessary for the Client to disclose certain Confidential Information to the Consultant in order for the Consultant to complete the Services contemplated by this Agreement. All written and oral information and materials disclosed or otherwise provided by the Client to the Consultant under this Agreement is to be deemed Confidential Information (as defined in Client’s Intellectual Property Section of this Agreement) regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Consultant.
Non-Disclosure. The Consultant shall not disclose, divulge, reveal, report, or use, for any purpose, any Confidential Information that the Consultant has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term of this Agreement.
Personal Information. Each Party shall hold and treat all information of or concerning the other Party, including, but not limited to, identifiable personal data, personal matters, ideas trade secrets, the terms of this Agreement, and any other information that the receiving Party reasonably should know is confidential about the other Party ("Personal Information") as confidential and to take measures to protect all Personal Information with the same degree of care as each Party uses or reasonably would use to protect its own Personal Information of like nature. The Parties shall keep the specific terms of this Agreement confidential, except as is required by generally accepted accounting principles, regulatory requirements, or a Court of law having appropriate jurisdiction.
Consultant's Prior Inventions and Innovations. The Client acknowledges that the Consultant has developed certain authentic methods, processes, trainings, strategies, and the like throughout years of experience and learning. The Consultant will disclose to the Client such additional information as the Client may request regarding such inventions or innovations to enable the Client to assess their extent and significance.
Notices. All Notices that are required or that may be permitted to be given pursuant to the terms of this Agreement must be in writing and delivered either by hand or by courier, by registered mail, or by certified mail, return receipt requested to the following contact addresses:
Entire Agreement, Amendments. This Agreement embodies the entire understanding of the Parties with respect to the subject matter of this Agreement. This Agreement shall not be modified, amended, or supplemented except in a written instrument executed by all Parties.
Binding Effect. As Soon as this Agreement is executed by both Parties, this Agreement shall be binding on and shall inure to the benefit of the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
Termination. Either Party may terminate this Agreement at any time, with or without cause, effective upon written notice delivered to the other Party. If early termination of this Agreement is desired by one or both of the Parties, the Parties shall cooperate to amicably wrap up existing matters in accordance with the terms of this Agreement. If the Client exercises its right to terminate this Agreement early, then the Client shall promptly compensate the Consultant for work satisfactorily performed up to the time of termination of this Agreement. If the Consultant exercises its right to terminate this Agreement early, then any obligation it may otherwise have under this Agreement shall cease immediately. Additionally, this Agreement shall automatically terminate upon the Consultant's dissolution. In such event, the Client shall pay the Consultant only the accrued but unpaid compensation and expenses due as of the date of dissolution.
Survival of Privacy Provisions. The provisions of this Agreement relating to the confidentiality, protection, and non-disclosure of Confidential Information and Personal Information, Intellectual Property, and the like shall survive expiration or termination of this Agreement for any reason.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which to be deemed an original. All counterparts, when taken together, will constitute the same agreement.
Refund Policy; Client Satisfaction. Due to the personalized and sensitive nature of the services the Consultant provides to its business clients, the general rule is that no refunds will be provided after services are rendered. The Consultant shall use their best efforts in providing services to Client, and shall perform all services in a professional and collaborative manner. The Client acknowledges and recognizes that, due to the evolving and unpredictable nature of business, the Consultant cannot guarantee a particular result or outcome.
Force Majeure. Either Party may, without liability, delay performance under this Agreement on account of an earthquake, flood, tornado, wild fire, mud slide, environmental disaster, riot, war, public health matter, including and not limited to a virus or other disease outbreak, or other extreme and unforeseeable event that materially damages the Party's place of business, materially restricts a Party's ability to conduct their normal business operations, or materially restricts a Party's ability to gain access to necessary business tools, equipment, materials, etc. ("Force Majeure Event").
If a Force Majeure Event occurs, the Parties shall work together and determine a plan for managing their work together in a way that minimizes setback and collateral damage. If the Parties are unable to agree on such a plan, any Party who has been materially affected by the Force Majeure Event will have their obligations to perform under this Agreement postponed, without liability, for a reasonable time in order to provide that Party time to return to normal operations.
Severability. If any term, clause, or provision of this Agreement is judged to be invalid, then the validity of any other term, clause, or provision is not to be affected. Any invalid term, clause, or provision is to be replaced, if possible, by a valid term that reflects the original intent of the Parties. If it is not possible to insert a replacement term, clause, or provision in place of the one deemed invalid, then that term, clause, or provision is to be deemed deleted from this Agreement.
Waiver. No waiver of any provision of this Agreement, or the waiver of any right or remedy arising under any provision of this Agreement, shall be effective unless such waiver is in writing and executed by an authorized representative of the waiving Party. No waiver with respect to a specific circumstance shall be deemed a waiver as to any other circumstance.
Gender. In this Agreement, words in the singular mean and include the plural and vice versa. Words in the feminine mean and include the masculine and vice versa.
Governing Law. It is the intention of the Parties that this Agreement, and all suits and special proceedings that arise under or relating to this Agreement be governed by and construed in accordance with the laws of the State of Florida.
Indemnification. To the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs which result from or arise out of an act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors an assigns that occurs in connection with this Agreement. This indemnification shall survive the termination of this Agreement.
Dispute Resolution. Mindful of the high costs of litigation, not only in dollars, but also in time and energy, the parties intend to and do hereby establish the following out-of-court alternate dispute resolution procedure to be followed in the event any claim, controversy, or dispute (collectively, "Dispute") should arise out of, or relating to this Agreement:
Process. The Parties agree to make good faith attempts to negotiate in private to resolve any Dispute that arises under or relating to this Agreement. In the event the Parties are not able to resolve a Dispute through good faith negotiations or by participating in good faith mediation, any such Dispute shall be settled by BINDING ARBITRATION which shall be conducted on a confidential basis at a location that is agreeable to the both Parties. Any arbitration shall be conducted by a single arbitrator of American Arbitration Association (AAA) or another arbitrator whom is experienced in contract, business law, and who is mutually agreeable to the Parties. Any arbitration relating to this Agreement shall be conducted in accordance with the rules and procedures of the AAA or other rules mutually agreeable to the Parties.
Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each Party shall bear its own individual costs in preparing for the arbitration, and Parties shall share equally the fees and expenses associated with conducting the arbitration. Notwithstanding the foregoing, the arbitrator, in his/her sole discretion, may determine that the Party against whom the decision is rendered shall pay the prevailing Party's costs and share of the arbitrator's fees and expenses.
Representations and Warranties. The Parties each represent and warrant to the other Party that, as of the date they execute this Agreement, they (1) have the right to enter into this Agreement; (2) this Agreement does not conflict with any other agreement to which they are a party; and (3) they are not aware of any additional claims, demands, or causes of action relating to any disputes that they could file or otherwise assert against any other Party.
Changes to the Terms
The Company reserves the right to modify these Terms at any time. We will provide notice of such changes by posting the updated Terms on our website and updating the “effective date” at the top of this page. Your continued use of the Service after any such changes take effect constitutes your acceptance of the new Terms.
Contact Information
If you have any questions about these Terms or our Service, please contact us at policy@rltm.ai or 800 Haumana Rd, Haiku HI 96708 USA.