Last updated on October 22, 2023
Tinwell Labs Inc. (“Company,” “we,” “us,” or “our”) owns or licenses all right, title and interest in and to this website (https://era.app) and all of its sub-domains (the “Website”). We have established the following terms and conditions (the “Agreement”) with which you must comply when you access and view the Website. All references to “you” or “your” refer to you and the entity on behalf of which you access or view the Website.
By accessing and viewing the Website, you agree to the terms and conditions contained in this Agreement. You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement, and you hereby accept this Agreement without limitation or qualification. If you do not accept the terms and conditions of this Agreement, do not access or view the Website.
1. Modifications to this agreement
From time to time, Company may without advance notice: (a) supplement or make changes to this Agreement and other rules, access and use procedures, documentation, security procedures, and standards for equipment related to the Website or (b) add, modify or remove any content from the Website. All changes to the Agreement will be posted on this page and are effective as of the date they are posted. Accordingly, you should periodically visit this page to review the terms of this Agreement. Your access and viewing of the Website after a modification to this Agreement constitutes your acceptance of the modification.
Sign up here for our Beta Launch Waitlist to participate in Company’s invitation-only private beta launch in 2023. Please note we will make available to you modified or additional terms and conditions applicable to access and use of our products and services for the beta launch.
A. Company and its licensors own all information, text, data, graphics, files, images, sound recordings, audio and visual clips, interactive features, programs, applications, software, scripts, and any other content that you may access and view on the Website, as well as the collection, design, production, selection, layout, function, arrangement and “look and feel” thereof (the “Company Material”). We may incorporate third party software as part of the Website, and all such third party software is subject to additional terms provided by the third party licensor. The names, trademarks, logos, slogans and taglines appearing on the Website (the “Trademarks”) are owned by or licensed to Company and, if licensed, are used with permission of the owner. Trademarks and Company Material are protected by trademark, copyright and other intellectual property laws. You may not infringe upon Trademarks or Company Material in any way.
B. You acknowledge and agree that all questions, comments, ideas, feedback or other information provided by you to us (“Feedback”) are not confidential and that we may reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as we deem appropriate, for any and all commercial or non-commercial purposes, in our sole discretion. If you suggest any new features and/or functionality for the Website that we subsequently incorporate into the Website (or any other website, product or service of ours), you further acknowledge that (i) Company shall own, and has all rights to use, such suggestions, and the Website (or any other website, product or service of ours) incorporating such new features and/or functionality shall be the sole and exclusive property of Company and (ii) all such suggestions shall be free from any confidentiality restrictions.
3. Your right to access
Company hereby grants you a limited, non-exclusive, revocable, non-transferable right to access and view the Website in accordance with the terms of this Agreement. This license does not give you any ownership or intellectual property interest in any Company Material or Trademarks. Other than as required to facilitate your permissible use, you may not reproduce, perform, publicly display, embed, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any Company Material. All rights not expressly granted to you under this Agreement are reserved by Company.
If you are part of our early access user group to test an early release of our platform (the “Early Access Services”), the following terms in this Section 3 (“Early Access Terms”) shall apply in addition to all other terms and conditions in this Agreement. By accessing and/or using our Early Access Services, you automatically agree to these Early Access Terms.
YOU ACKNOWLEDGE AND AGREE THAT EARLY ACCESS SERVICES ARE PROVIDED TO YOU WITHOUT WARRANTY OF ANY KIND AND ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU THEREFORE USE THE EARLY ACCESS SERVICES AND ALL FEATURES AND CONTENT THEREIN AT YOUR OWN RISK. COMPANY WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT, LIABILITY, OR OTHER OBLIGATIONS IN CONNECTION WITH THE EARLY ACCESS SERVICES. ANY DATA YOU ENTER INTO THE EARLY ACCESS SERVICES, AND ANY CONFIGURATIONS OR CUSTOMIZATIONS MADE TO THE EARLY ACCESS SERVICES BY OR FOR YOU, MAY NOT BE MAINTAINED BY COMPANY OR REMAIN AVAILABLE TO YOU AFTER YOUR USE OF THE EARLY ACCESS SERVICES.
Future releases of Company’s platform may contain more or fewer features than the Early Access Services, and we may discontinue Early Access Services at any time in our sole discretion and may never make them generally available. We and our partners reserve rights to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Early Access Services, or to decide not to launch an Early Access Service. Early Access Services may not be suitable for production use and may contain errors adversely affecting proper operation and functionality.
Company and/or its licensors own all right, title and interest, including all related intellectual property rights, in and to the Early Access Services and all content therein. These Early Access Terms are not a sale and do not convey to you any rights of ownership in or related to the Early Access Services, and Company reserves all rights not expressly granted in these Early Access Terms. All trademarks, service marks, logos, slogans and taglines displayed on or through the Early Access Services are the property of Company and its licensors or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Early Access Services without the express written permission of Company, or such third-party that may own the trademark, service mark, logo, slogan or tagline.
4. User information
Visitors to our Website may voluntarily provide us an email address through the Website in order to be added to the Beta Launch Waitlist to participate in our private beta launch in 2023.
You grant to Company a non-exclusive license to copy, use and display any and all data, information or communications (including personal data) sent or entered by you while accessing the Website (“User Information”) to the extent necessary for Company to operate the Website, its business, and/or to facilitate interactions or transactions with you. You acknowledge that Company exercises no control whatsoever over the content of the User Information and it is your sole responsibility, at your own expense, to provide the information, and to ensure that the information you transmit or receive complies with all applicable laws and regulations now in place or enacted in the future. Company is under no obligation, however, to review User Information for accuracy, potential liability or for any other reason.
5. Electronic communications
By visiting the Website or otherwise communicating with us, you consent to receive electronic communications from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Prohibited acts
The following is a non-exhaustive list of activities that are prohibited in connection with your access, viewing and use of the Website:
A. copying, decompiling, reverse engineering, disassembling, attempting to derive the source code, modifying, transcribing, storing, translating, selling, leasing, transferring, distributing or creating derivative works of the Website, Company Materials, and/or Trademarks;
B. web scraping, framing or utilizing framing techniques to enclose, or deep link to, any Company Materials, Trademarks, or other proprietary information of Company or its licensors;
C. uploading or distributing files that contain viruses, corrupted files or other software or programs that may damage the operation of the Website or computer systems of Company and the Website’s users;
D. interfering with, disrupting or creating an undue burden on the Website;
E. removing, altering or obscuring any Trademark or other proprietary notice or legend of Company or its licensors contained in or on the Website and/or Company Materials;
F. violating or attempting to violate the security of the Website or Company’s computer systems or using the Website to violate the security of other websites by any method; and
G. using the Website, Company Materials and/or Trademarks in a manner inconsistent with this Agreement or applicable laws and regulations.
Company may take whatever remedial action it determines in its sole discretion is appropriate if you engage in any prohibited acts, including, but not limited to, immediate suspension or cancellation of your access to the Website. You agree that disputes arising from an alleged violation of this Agreement or any intellectual property rights may result in Company suffering irreparable harm and that, in the event of such a dispute, Company or its affiliates may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies.
7. International users
We operate the Website and our business from the United States and international users of the Website agree to be subject to applicable laws in the United States. Please note that other countries may have laws and regulatory requirements that differ from those in the United States, and if you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws.
A. Subject to the terms and conditions of this Agreement, you are permitted to link to our homepage for the Website. You may not link to the Website in a manner that may damage our reputation or take advantage of it or suggest an approval or endorsement without our prior written consent. You may not establish a link from any website that is not owned by you. You agree to cooperate with us in causing any unauthorized linking immediately to cease. We reserve the right to withdraw linking permission without notice.
B. The Website may contain links to independent third-party websites (“Websites”). We provide these Websites solely for your convenience and do not control or endorse any of them. We are not and cannot be responsible for the content, security or privacy policies of such Websites.
9. Termination of access; Remedies
A. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Website, including as a result of (i) requests by law enforcement or other government agencies, (ii) discontinuance or material modification of the Website or any service offered on or through the Website, (iii) unexpected technical issues or problems, or (iv) as a result of any violation of this Agreement by you or a party acting on your behalf. We similarly reserve the right to do any of the following, at any time, without notice: (x) modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason, (y) modify or change the Website, or any portion of the Website, and any applicable policies or terms, and (z) interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction or other changes.
B. If we take any legal action against you due to your violation of this Agreement, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Website for any reason. You also agree that any violation by you of this Agreement will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
10. Disclaimer of warranties
A. THE WEBSITE AND COMPANY MATERIAL ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE WEBSITE AND COMPANY MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION AND FITNESS FOR A PARTICULAR PURPOSE.
B. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, LEGALITY OR RELIABILITY OF ANY COMPANY MATERIAL. THE WEBSITE MAY CONTAIN INACCURATE OR OUT-OF-DATE INFORMATION OR TYPOGRAPHICAL OR SPELLING ERRORS. COMPANY RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, STALENESS OR OMISSIONS; HOWEVER, COMPANY UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE WEBSITE OR ANY COMPANY MATERIAL, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE DATE APPLIED TO THE WEBSITE SHOULD BE TAKEN TO INDICATE THAT ALL CONTENT HAS BEEN MODIFIED OR UPDATED.
C. COMPANY DOES NOT WARRANT THAT: (I) THE QUALITY OF THE WEBSITE OR COMPANY MATERIAL THAT YOU OBTAIN FROM COMPANY WILL SATISFY YOUR REQUIREMENTS OR MEET YOUR EXPECTATIONS, (II) THE WEBSITE WILL OPERATE UNINTERRUPTED AND ERROR-FREE OR (III) THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR OTHER HARMFUL MATERIAL. YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THE WEBSITE. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR BACKING UP ALL YOUR DATA.
D. COMPANY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF THE INTERNET, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM THE WEBSITE.
E. IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE ACCESSING AND VIEWING THE WEBSITE.
11. Limitation of liabities
YOU ACKNOWLEDGE THAT YOU ARE ACCESSING AND VIEWING THE WEBSITE AND THE COMPANY MATERIAL AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY DAMAGES IN ANY WAY ARISING FROM OR RELATING TO YOUR RELIANCE UPON, OR YOUR USE OF OR INABILITY TO ACCESS OR VIEW THE WEBSITE OR COMPANY MATERIAL, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold harmless Company and its owners, officers, directors, employees, contractors, agents and advisors from and against any action, claim, demand, damages, liabilities, costs or expenses (including attorneys’ fees and court costs) arising out of: (a) your access, viewing or use of the Website, (ii) any conduct by you that actually or allegedly violates the terms of this Agreement, or (iii) your actual or alleged failure to comply with any applicable laws and regulations.
13. General provisions
A. Relationship Between the Parties. This Agreement shall not be construed as creating any agency, partnership, joint venture or other similar legal relationship between you and Company; nor will either party hold itself out as an agent, partner or joint venture party of the other party.
B. Waiver. No waiver shall be implied from conduct or failure to enforce rights. No waiver shall be effective unless in a writing signed by all parties to be bound thereto.
C. Governing Law. This Agreement and all claims arising out of, related to, or in any way associated with it shall be construed and governed in all respects according to the laws of the State of Delaware without regard to the conflict of law provisions thereof. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises. You specifically acknowledge and agree to the foregoing agreed upon statute of limitations.
D. Assignment. Company may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of Company.
E. Severability. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of this Agreement.
F. Entire Agreement. This Agreement constitutes the entire agreement between you and Company with respect to your use of the Website. Any purported modification or amendment shall be void unless such modification or amendment was authorized and published by Company.
14. Contact information
If you have questions or concerns with respect to this Agreement, please contact Company by e-mail at email@example.com, or by mail directed to
11260 Donner Pass Road C1, 1043 Truckee, CA 96161