User’s Assumption of Risk and Agreement to Hold Harmless and Indemnify Ferris

Definitions:

“Ferris” means (in reference to persons) Ferris’ developers, owners, agents, affiliates, partners, representatives, and employees.

“Ferris” means a particular artificial intelligence-enhanced, engineering-based software application.

“Ferris provided information means” all advice, information, calculations, and content provided by Ferris or derived from the use of the software application known as “Ferris.”

“Hallucinations” means AI-generated results that are incorrect or misleading.

“Terms” means this User’s Assumption of Risk and Agreement to Hold Harmless and Indemnify Ferris document and any rights and licenses granted under it. 

General Terms and Conditions of Use

Your use of Ferris and/or Ferris-provided information establishes completely, absolutely, conclusively and for all purposes your agreement to assume any and all risks occasioned directly or indirectly thereby, as well as to hold harmless and indemnify fully Ferris, its developers, owners, agents, affiliates, partners, representatives, and employees from any and all liability for harm or damages of any kind or sort, arising out of, relating to, or resulting from your use of Ferris and the information, calculations, recommendations, and content it provides.  

Explicit and Absolute Disclaimer of Liability for Ferris-Provided Information 

WARNING:  Ferris is not a substitute for professional engineering judgment or consultation.  All advice, information, calculations, recommendations, and content provided by Ferris are intended only to supplement, and not replace, among other things, professional engineering  advice, judgment, and expertise.  With respect to any and all information of any type and sort it provides, Ferris neither warrants nor guarantees, explicitly or impliedly, its accuracy, completeness, reliability, merchantability, or fitness for any particular purpose of any sort or kind. 

User Assumption of Risk:

Your use of Ferris establishes conclusively, absolutely, and completely for any and all purposes your complete assumption of liability, and full responsibility for all risks, known and unknown, disclosed and undisclosed, occasioned by, arising out of, or related to your use of any and all information, calculations, advice, and recommendations provided by Ferris.  Ferris, its developers, owners, agents, affiliates, partners, representatives, and employees hereby disclaim any and all responsibility and liability for any and all errors, omissions, damages, losses, injuries, or any other consequences (whether direct, indirect, incidental, consequential, or otherwise) arising out of, related to, or resulting from your use of, or reliance upon, any and all information, calculations, advice, and recommendations provided by Ferris or derived, directly or indirectly, therefrom. Your use of Ferris also establishes conclusively your understanding that the outset that you have been warned to employ, and are expected to employ, professional engineering advice, judgment, and expertise, and that you have been, likewise, warned to verify all Ferris outputs independently.

Release of Liability and Agreement to Hold Harmless and Indemnify Ferris 

Your use of Ferris establishes conclusively and for all purposes your agreement with Ferris, its developers, owners, agents, affiliates, partners, representatives, and employees, to release, waive, discharge, hold them harmless and indemnify them fully and completely for the costs arising out of, or related to, their independent determination to acquire legal advice, counsel and representation in litigation of any kind or sort, and associated matters of whatsoever kind or sort, arising out of or related to your use of Ferris and/ or Ferris-provided information. This includes, but is not limited to, any and all claims for personal injury, wrongful death, and property damage, as well as claims arising out of, or related to your use, misuse or interpretation or misinterpretation of Ferris-provided information, as well as that of your agents, servants, employees, affiliates, partners, or representatives.

Independent Professional Verification Required

Your use of Ferris and/ or Ferris-provided information establishes conclusively, absolutely, and for all purposes your understanding, at the outset, that Ferris and Feris-provided information is intended to be used for reference purposes only.  Your use thereof establishes further that you understand, at the outset, that Ferris and Feris-provided information must not and should not be employed or relied upon independently; it must be verified independently through the services, judgment, and advice of a licensed professional engineer.  Your use thereof establishes further your understanding at the outset that Ferris shall not be used where its use would contravene governmental, regulatory, or professional laws, rules or regulations, guidance, or licensing standards.

No Guarantees of Service Quality or Outcomes

Your use of Ferris and/ or Ferris-provided information establishes conclusively, absolutely, and for all purposes your understanding, at the outset, that Ferris makes no representations concerning the effectiveness, suitability, accuracy, and/ or safety of its information, including, but not limited to, its content, advice, suggestions, and calculations.  Your use establishes your understanding at the outset that Ferris is not a substitute for professional advice; it must not be used as the sole basis for any engineering, construction, or decision-making.  Any reliance placed upon Ferris-provided information is borne solely by you, the user, and at your own risk.

Ownership of AI-Generated Output

Your use of Ferris and/ or Ferris-provided information establishes conclusively, absolutely, and for all purposes your understanding, at the outset that any and all Ferris-provided information including, but not limited to, that which is generated by Ferris AI is the property of Ferris. By using Ferris, you acknowledge that the AI output may not be reflect reality, may contain inaccuracies or hallucinations, and may not be suitable to the use to which you put it.  Your use of Ferris establishes completely, absolutely, and conclusively your responsibility for evaluating and determining the accuracy of Ferris-provided information, as well as its appropriateness to your needs.

Dispute Resolution and Arbitration:

Mandatory Arbitration: Your use of Ferris and/ or Ferris-provided information establishes conclusively, absolutely, and for all purposes your understanding, at the outset, that you consent to the resolution of any and all disputes, claims, or controversies with Ferris which arise out of or relate to your use of Ferris and Ferris-derived information through final and binding arbitration. You agree also that Ferris alone shall select the arbitrator, the law under which any and all disputes, claims, controversies, or issues shall be resolved, and the site, day, and time of the arbitration. You also agree that Ferris may opt out of arbitration at any time and at its sole discretion.  No settlement offer shall be disclosed to the arbitrator until after a decision is made 

Informal Dispute Resolution: Your use of Ferris and/ or Ferris-provided information establishes conclusively, absolutely, and for all purposes your understanding, at the outset, that you consent to using your best efforts to resolve informally with Ferris any and all disputes, claims, or controversies which arise out of or relate to your use of Ferris and/ or Ferris-derived information.  You further agree that Ferris may require you to submit to binding arbitration as described in the immediately preceding paragraph if, within 60 days of the date upon which you initially notify Ferris of the existence of a dispute, claim, or controversy which arises out of or relates to your use of Ferris and/ or Ferris-derived information, said dispute, claim, or controversy is not resolved informally to the satisfaction of Ferris.

Exceptions: This section, “Dispute Resolution and Arbitration,” does not apply to (i) individual claims brought against Ferris in the small claims division of any state court; or (ii) any and all claims for legal and/ or equitable relief including, but not limited to, claims for injunctive relief sought by Ferris to prevent any and all unauthorized uses of Ferris, Ferris-provided information, or any of Ferris’ intellectual property.

Severability:  If any part of this “Dispute Resolution and Arbitration” section is found to be illegal or unenforceable, then the remainder of the section shall remain in effect, except that if a finding of partial illegality would permit class arbitration or any other form of representative action, then this dispute resolution section will be unenforceable in its entirety

Data Submission and Privacy

Your use of Ferris and/ or Ferris-provided information establishes conclusively, absolutely, and for all purposes your understanding, at the outset, that you consent to Ferris collecting, processing, and employing as it sees fit any and all data you submit while using Ferris, and that you accept any and all risks, disclosed and undisclosed, associated with submitting your data.  You understand further that Ferris neither guarantees nor warrants the security of any data you submit incident to using Ferris, and you accept the risk of Ferris-related data breaches, unauthorized access, and unintended use of your data. You understand and covenant that you hereby release, waive, discharge, hold harmless, and indemnify Ferris, its developers, owners, agents, affiliates, partners, representatives, and employees, fully and completely for the costs arising out of, or related to, their independent determination to acquire legal advice, counsel and representation in litigation of any kind or sort, and associated matters of whatsoever kind or sort, arising out of or related to any loss, disclosure, or unauthorized use of your data.  

Changes to These Terms

Ferris reserves the right unilaterally to modify or update the terms of this “User’s Assumption of Risk and Agreement to Hold Harmless and Indemnify Ferris” as it deems necessary or appropriate.  Users will be notified of any changes.  A user’s continued use of Ferris after such notification is issued shall demonstrate absolutely, conclusively, and for any and all purposes said user’s acceptance of the updated terms.

Assignment:

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the express written consent of Ferris. Ferris may assign these Terms or any rights or licenses granted without restriction.

By accepting these terms, you acknowledge that you have read, understood, and agree to all the conditions and limitations described above.