Legal

Terms of Use

Effective November 1, 2024.

1. Agreement

These Terms of Use (“Terms”) govern your access to and use of the website at technooptics.com and any other websites, content, apps, tools, or assistants operated by Abel Ark LLC or its affiliated brands and ventures that link to these Terms (together, the “Services”). The Services are provided by Abel Ark LLC, a Minnesota limited liability company, and its affiliated entities (collectively the “Abel Ark group”, “Abel Ark”, “we”, “us”, or “our”).

Where any individual brand or venture in the group publishes its own additional or superseding terms (for example, a product-specific end-user agreement for Advottic or Rolls & Digs), those terms apply to that brand’s services in addition to, and where they conflict in scope, in priority over, these Terms.

1.1 Companies covered by these Terms

This document applies to Abel Ark LLC and to each of the affiliated brands and ventures listed below (together, the "Abel Ark group" or "we"). Where a particular brand has its own additional terms, those will apply to that brand’s services in addition to this document.

By accessing or using the Services, you agree to these Terms and to our Privacy Policy, our Cookie Policy, and our Acceptable Use Policy. If you do not agree, please do not use the Services.

2. Eligibility

You must be at least 16 years old to use the Services. If you use the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. The Services are informational

Unless we have a separate signed agreement with you, the Services and the content on them are provided for general information only. Nothing on the Services constitutes legal, financial, investment, accounting, tax, medical, or other professional advice, and you should consult an appropriately qualified professional before acting on anything you read here.

We may publish information about ventures we have built, are building, or are advising on. Such descriptions are illustrative; results vary; past outcomes do not guarantee future outcomes; and where any forward-looking statement appears, it is subject to risks and changes outside our control. See our Disclaimer.

4. Engagements

Visiting the Services or contacting us does not create a client relationship. A client relationship is created only when we and you sign a written engagement letter or master services agreement that identifies the scope, fees, and other terms of the work. The terms of any such written agreement supersede these Terms with respect to the engaged work where they conflict.

5. Acceptable use

Your use of the Services is subject to our Acceptable Use Policy, incorporated into these Terms by reference. In short: don’t use the Services to break the law, harm others, undermine security, scrape at scale, or interfere with anyone else’s use of the Services.

6. Intellectual property

All content on the Services, including text, design, code, photography, illustrations, logos, marks, and the look-and-feel of the site, is owned by Abel Ark LLC or its licensors and is protected by copyright, trademark, and other intellectual-property laws.

We grant you a personal, non-exclusive, non-transferable, revocable licence to view the Services through a standard web browser for personal and internal business purposes. You may not copy, reproduce, scrape, republish, frame, mirror, modify, distribute, or create derivative works from any part of the Services without our prior written consent, except that you may share short excerpts with attribution and a link.

Without limiting the prohibitions above, you may not, in whole or in part: (a) take screenshots, screen recordings, or any other captures of the Services; (b) use any automated means (including AI training, scraping bots, or headless browsers) to ingest, mirror, or train on the Services; (c) save, download, or extract any image, font, video, audio, animation, copy, code, or other asset shown on the Services, except assets that we explicitly publish for download on the brand guide at /brand; (d) remove, obscure, or alter any copyright, trademark, watermark, or attribution notice. Each of the foregoing constitutes a breach of these Terms and may also constitute copyright infringement and a violation of applicable computer-misuse laws. Reports of misuse may be sent to legal@abelark.com; takedown notices may be sent through the procedure described at /dmca.

“Abel Ark”, the Abel Ark aperture mark, and the names of our portfolio ventures (including but not limited to Advottic, Rolls & Digs, Optics Studio, and Optics Capital) are trademarks of Abel Ark LLC or its respective subsidiaries and may not be used without permission. All other trademarks shown on the Services are the property of their respective owners and are used for identification purposes only.

7. User submissions

If you send us suggestions, ideas, feedback, or other content (a “Submission”), you grant us a perpetual, irrevocable, worldwide, royalty-free, sub-licensable license to use, reproduce, modify, distribute, and create derivative works of the Submission for any purpose, without obligation. You represent that you have the right to share each Submission and that it does not infringe anyone else’s rights.

Please do not send us confidential or proprietary information without a prior signed non-disclosure agreement.

8. Third-party links and services

The Services may include links to third-party websites or services. We do not control or endorse them, and we are not responsible for their content, privacy practices, or availability. Your dealings with any third party are solely between you and that third party.

9. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ANY CONTENT, INFORMATION, AND MATERIALS ON THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, AVAILABLE, OR FREE FROM HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN SUCH JURISDICTIONS THE FOREGOING EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TECHNO OPTICS LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) AND (B) THE AMOUNTS YOU HAVE PAID US, IF ANY, FOR THE SPECIFIC SERVICES THAT GAVE RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded, including liability for fraud, fraudulent misrepresentation, death, or personal injury caused by negligence.

11. Indemnity

You agree to indemnify, defend, and hold harmless Abel Ark LLC and its affiliates, officers, directors, members, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use or misuse of the Services, (b) your breach of these Terms or any policy incorporated into them, or (c) your violation of any law or any right of any third party.

12. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any or no reason, including if we believe you have violated these Terms. Sections that by their nature should survive termination, including Sections 6, 7, 10, 11, 12, 14, 15, and 16 , will continue to apply.

13. Governing law

These Terms and any non-contractual obligations arising out of or related to them are governed by the laws of the State of Minnesota, USA, without regard to its conflict-of-law principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods. The foregoing does not deprive consumers resident in any other jurisdiction of the protection of any mandatory laws of that jurisdiction.

14. Dispute resolution

We’d like to resolve any disagreement informally first. Please write to legal@abelark.com with a description of your concern, and we’ll do our best to reply within 30 days. If we cannot resolve the matter informally, the parties agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Hennepin County, Minnesota, and each party consents to the personal jurisdiction of those courts.

EACH PARTY WAIVES ITS RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15. Changes to these Terms

We may update these Terms from time to time. The “Effective” date at the top of the page tells you when we last did so. Continued use of the Services after a change becomes effective means you accept the revised Terms.

16. General

These Terms, together with our Privacy Policy, Cookie Policy, Acceptable Use Policy, and Disclaimer, constitute the entire agreement between you and Abel Ark LLC concerning the Services. If any provision is held unenforceable, the remainder will remain in full force. Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of all or part of our business.

17. Contact us

Questions about these Terms? Write to legal@abelark.com.

This document was last updated on November 1, 2024. We may update it from time to time. We’ll post any changes here, and where the changes are material we’ll do our best to let you know.