Terms of Use

1. Acceptance of These Terms

These Terms of Use ("Terms") govern your access to and use of the websites, web pages, mobile experiences, RainFocus platform and related online services (collectively, the "Site") operated by RainFocus, LLC ("RainFocus," "we," "us," or "our"), a company headquartered in Lindon, Utah, USA. By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Site.

If you are using the Site on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" and "your" refer to that entity. Use of the RainFocus event marketing platform and related enterprise products by RainFocus clients is governed by a separate master services agreement or subscription agreement; where those agreements conflict with these Terms, the client agreement controls for the applicable services.

Additional Agreements. Your access to or use of certain features, products, services, events, promotions, or resources made available through or in connection with the Site may be subject to additional terms, guidelines, policies, or agreements ("Additional Agreements"), which may be presented to you at the time of access or use. Any such Additional Agreements are in addition to, and supplement, these Terms and your use of the Site, and are incorporated herein by reference. By accessing or using the applicable features, you agree to be bound by the corresponding Additional Agreements. Except as expressly stated in an Additional Agreement, these Terms remain in full force and effect, and in the event of a conflict between these Terms and an Additional Agreement with respect to the specific feature, product, or service it governs, the Additional Agreement controls to the extent of that conflict.

2. Eligibility

The Site is intended for users who are at least 18 years of age (or the age of majority in their jurisdiction). By using the Site, you represent and warrant that you meet this requirement and that your use of the Site complies with all applicable laws and regulations.

3. Description of the Site and Services

The Site provides information about RainFocus and its event marketing platform, including solutions for event registration, content management, exhibitor and speaker management, attendee engagement, on-site experiences, webinars, and event analytics for in-person, virtual, and hybrid events. The Site may also provide access to resources such as blogs, case studies, webinars, demonstrations, event registration pages, community features, support portals, and interactive tools, including tools powered by artificial intelligence.

4. Artificial Intelligence Features

Portions of the Site and certain RainFocus products incorporate artificial intelligence and machine learning technologies (collectively, "AI Features"). AI Features may include, without limitation: AI-powered chat assistants and retrieval-augmented (RAG) chatbots; content generation and summarization tools; personalized content, session, and product recommendations; sentiment analysis; audience clustering and segmentation; and specialized AI agents that assist with event marketing, planning, and engagement workflows (including capabilities offered under the RainFocus Nexus framework). This Section 4 applies to your use of any AI Features made available through the Site.

4.1 Inputs and Outputs. You may submit text, prompts, questions, or other materials to AI Features ("AI Inputs") and receive responses, summaries, recommendations, or other machine-generated materials ("AI Outputs"). You are responsible for the AI Inputs you submit and for your use of AI Outputs.

4.2 No Reliance; Human Review. AI Outputs are generated by probabilistic models and may be inaccurate, incomplete, outdated, or misleading, and may not reflect the views of RainFocus. AI Outputs are provided for informational and convenience purposes only and do not constitute professional, legal, financial, or other advice. You should independently verify AI Outputs before relying on them, and you should apply human review before using AI Outputs in any decision that has legal, financial, or similarly significant effects.

4.3 Prohibited AI Uses. Do not submit AI Inputs that contain sensitive personal information (such as government identifiers, health information, or payment card data), confidential information you are not authorized to share, material that infringes third-party rights, or content that is unlawful, harmful, or abusive. Do not use AI Features to generate content that is deceptive or misleading (including undisclosed synthetic media intended to deceive), that harasses or harms others, that violates the privacy or publicity rights of any person, or that violates applicable law. Do not attempt to extract training data, reverse engineer underlying models, circumvent safety measures, or use AI Outputs to develop competing machine learning models.

4.4 Ownership. Subject to these Terms and applicable law, and as between you and RainFocus, you retain any rights you hold in your AI Inputs, and RainFocus assigns to you its rights, if any, in AI Outputs generated for you. You acknowledge that, due to the nature of AI, outputs generated for other users may be similar or identical to your AI Outputs, and no exclusivity is guaranteed.

4.5 License to RainFocus; Service Providers. You grant RainFocus a worldwide, non-exclusive, royalty-free license to use, host, process, and store AI Inputs and AI Outputs to provide, secure, and improve the Site and AI Features, to enforce these Terms, and to comply with law, in each case consistent with our Privacy Policy. Where we use third-party AI model providers to deliver AI Features, your AI Inputs may be processed by those providers under contractual confidentiality and data protection obligations.

4.6 Transparency and Choices. Where AI Features involve automated recommendations or personalization based on your interactions with the Site or RainFocus-powered events, we process that information as described in our Privacy Policy. Where required by applicable law, we will provide notices, disclosures, or opt-out mechanisms relating to automated processing or AI-generated interactions (for example, disclosure that you are interacting with an AI system rather than a human).

4.7 Availability and Disclaimer. AI Features are provided "as is" and may be modified, suspended, or discontinued at any time. RainFocus does not warrant that AI Features will be uninterrupted, error-free, or fit for any particular purpose, and RainFocus disclaims liability arising from your reliance on AI Outputs to the fullest extent permitted by law.

4.8 RainFocus Use of AI. In addition to the AI Features made available to you, RainFocus uses enterprise-grade artificial intelligence internally to design, develop, operate, and maintain the Site and platform; to enhance the security, reliability, and integrity of the Site and our services (including fraud detection, threat monitoring, and abuse prevention); and to analyze usage, troubleshoot, and improve and develop our products, services, and features. By accessing or using the Site, you acknowledge and agree to these uses of artificial intelligence, in each case as further described in, and subject to, our Privacy Policy.

5. Accounts and Registration

Certain features of the Site, including event registration pages and support or community portals, may require you to create an account or provide registration information. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. Notify us promptly of any unauthorized use of your account. We may suspend or terminate accounts that violate these Terms.

6. Acceptable Use

You agree not to, and not to permit any third party to:

• use the Site in any manner that violates applicable law or regulation, or for any fraudulent or malicious purpose;
• access or attempt to access non-public areas of the Site, probe or test the vulnerability of any system, or breach any security or authentication measures;
• use robots, spiders, scrapers, or other automated means to access the Site or collect content or data, including for the purpose of training machine learning or AI models, without our prior written consent;
• interfere with or disrupt the Site, its servers, or networks, including by introducing viruses or other harmful code;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• upload, post, or transmit content that is unlawful, defamatory, obscene, harassing, hateful, or that infringes any intellectual property, privacy, or publicity right; or
• copy, modify, distribute, sell, or lease any part of the Site, or reverse engineer or attempt to extract the source code of the Site, except as permitted by law.

7. User Content

If you submit, post, or upload content to the Site (including comments, forum posts, testimonials, event submissions, or AI Inputs) ("User Content"), you retain ownership of your User Content. You grant RainFocus a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify, display, and distribute your User Content as reasonably necessary to operate, provide, promote, and improve the Site, subject to our Privacy Policy. You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate these Terms or any third-party rights. We may remove or refuse any User Content at our discretion.

8. Intellectual Property

8.1 Ownership. The Site and all content, features, and functionality thereof, including text, graphics, logos, images, photographs, illustrations, audio and video, software, code, page designs, layouts, look and feel, compilations, and the RainFocus name, RainFocus Nexus, and related product names, logos, and marks (collectively, the "Materials") are owned by RainFocus or its licensors and are protected by copyright, trademark, trade dress, patent, trade secret, and other intellectual property and proprietary rights laws in the United States and other jurisdictions. Except as expressly permitted in these Terms, no part of the Site or the Materials may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, modified, translated, or otherwise exploited, in whole or in part, in any form or by any means, without RainFocus's or the applicable copyright owner's prior written consent. All rights not expressly granted in these Terms are reserved and retained by RainFocus and its licensors.

8.2 Copyright. Subject to these Terms, RainFocus grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Materials for your personal, internal, non-commercial, and informational use only. You may not, without the prior written permission of RainFocus or the applicable copyright owner: (a) copy, publish, or post any Materials on any network or broadcast or publication medium; (b) modify or create derivative works from the Materials; (c) use the Materials for any commercial purpose or for any public display; or (d) remove or alter any copyright, trademark, or other proprietary notice contained in the Materials.

8.3 Trademarks and Service Marks. RainFocus, RainFocus Nexus, and all related product and service names, logos, designs, and slogans are trademarks, service marks, or registered trademarks of RainFocus or its affiliates. These marks may not be copied, imitated, or used, in whole or in part, without RainFocus's prior written permission, and may not be used in any manner that is likely to cause confusion, or that disparages or discredits RainFocus. All other trademarks, service marks, and trade names appearing on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RainFocus. You may not use any RainFocus trademark, logo, design, image, page layout, or other proprietary information as a metatag, hidden text, or in any framing, mirroring, or similar technique without RainFocus's prior written permission.

8.4 No Implied License. Except as expressly set forth in these Terms, nothing herein grants you any right or license, by implication, estoppel, or otherwise, in or under any copyright, trademark, service mark, patent, or other proprietary right of RainFocus or any third party.

9. Privacy and Data Protection

Our collection and use of personal information in connection with the Site, including information processed by AI Features, cookies, and analytics technologies, is described in our Privacy Policy, available on the Site. By using the Site, you acknowledge our data practices as described in the Privacy Policy. Where RainFocus processes event attendee data on behalf of its clients, RainFocus acts as a service provider or processor, and the client's privacy notice governs that processing.

10. Third-Party Services and Links

The Site may contain links to, or integrations with, third-party websites, services, or content, including third-party AI model providers, event platforms, social media, and marketing technologies. These are provided for convenience only. RainFocus does not control and is not responsible for third-party sites or services, and your use of them is at your own risk and subject to their own terms and privacy policies.

11. Feedback

If you provide suggestions, ideas, or other feedback about the Site or AI Features, you grant RainFocus a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without obligation or compensation to you.

12. Disclaimers of Warranties

THE SITE, ITS CONTENT, AND ALL AI FEATURES AND AI OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, RAINFOCUS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE, ANY CONTENT, OR ANY AI FEATURES OR AI OUTPUTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF RAINFOCUS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification

You agree to defend, indemnify, and hold harmless RainFocus and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site or any AI Feature; (b) your User Content or AI Inputs; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party.

15. Suspension and Termination

We may suspend or terminate your access to all or part of the Site (including AI Features) at any time, with or without notice, if we reasonably believe you have violated these Terms, if required by law, or to protect the Site, our users, or our business. Sections that by their nature should survive termination (including Sections 4, 7, 8, and 11 through 19) will survive.

16. Changes to the Site and These Terms

We may modify the Site, including adding, changing, or removing AI Features, at any time. We may also revise these Terms from time to time. The updated Terms will be posted on the Site with a revised "Last Updated" date, and material changes may be communicated through additional reasonable means. Your continued use of the Site after changes become effective constitutes acceptance of the revised Terms.

17. Governing Law and Dispute Resolution

17.1 Governing Law. These Terms are governed by the laws of the State of Utah, USA, without regard to its conflict-of-laws principles.

17.2 Informal Resolution. Before initiating formal proceedings, the parties will attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Site ("Dispute") informally for at least thirty (30) days.

17.3 Binding Arbitration. Any Dispute not resolved under Section 17.2 will be finally resolved by binding arbitration administered by the American Arbitration Association under its then-current Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator in Utah County, Utah (or remotely, at the claimant's election). The arbitrator will apply Utah substantive law and may award any relief available in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction.

17.4 Class Action and Jury Trial Waiver. ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

17.5 Exceptions. Either party may (a) bring an individual action in small claims court or (b) seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidentiality rights.

17.6 Severability. If the class action waiver in Section 17.4 is found unenforceable as to any claim, that claim will proceed in the state or federal courts in Utah County or Salt Lake County, Utah; all remaining claims will continue in arbitration. If any other portion of this Section 17 is found unenforceable, the remainder will remain in full force and effect.

18. International Use and Export

RainFocus operates the Site from the United States. If you access the Site from other jurisdictions, you are responsible for compliance with local laws. You agree to comply with all applicable export control and sanctions laws in connection with your use of the Site and AI Features.

19. General Provisions

These Terms, together with the Privacy Policy and any additional terms presented for specific features, constitute the entire agreement between you and RainFocus regarding the Site and supersede prior agreements on that subject. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to you may be provided by posting on the Site or by other reasonable means.

20. Contact Us

Questions about these Terms may be directed to:

RainFocus, LLC

Lindon, Utah, USA

Email: legal@rainfocus.com | Web: www.rainfocus.com