terms-of-use

Terms of use

These terms of use apply when you use our services , including our application programming interfaces , software , tools, developer services , data, documentation and websites (” Services “) . These Terms include our Terms of Service , Sharing and Posting Policy, Usage Policy, and other documents, guidelines, or policies we may make available in writing . By using our services , you agree to these terms. our _ The Privacy Policy explains how we collect and use personal information.

1. Registration and access You must be at least 13 years old to use the Services . If you are under 18 , you must have the permission of your parent or legal guardian to use the Services . If you are using the Services on behalf of another person or entity , you must have authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account . You may not provide your access credentials or account to others outside the organization, and you are responsible for all activities that occur using your credentials .
2. Requirements for use (a) Use of the Services . You may access the Services subject to these terms , and we grant you a non-exclusive right to use them. When using the Services , you will comply with these Terms and all applicable laws. We and our affiliates own all right, title and interest in and to the Services.

(b) Feedback . We appreciate feedback , comments , ideas, proposals and suggestions for improvements . If you provide any of these things , we may use it without restriction and will not compensate you . (c) Restrictions. You may not ( i ) use the Services in a manner that infringes, misappropriates, or violates any person’s rights ; (ii) disassemble , decompile , decompile , translate , or otherwise attempt to discover the Services models, source code or underlying components of algorithms and systems (unless such restrictions violate applicable law); (iii) use the output of the Services to develop models that compete with our Company ; (iv) except through the API Allow , otherwise use any automated or programmatic method to extract data or output from the Service , including scraping, web harvesting, or web scraping; (v) indicate that the output of the Service is human- generated without violating or otherwise violating our Usage Policy; ( vii ) buying , selling, or transferring an API key without our prior consent ; To use the Program, please send us any personal information from children under the age of 13 or the applicable age of digital consent . You will abide by any rate limits and other requirements in our documentation. (d) Third Party Services . Any third-party software , services or other products that you use in connection with the Services are governed by their own terms , and we are not responsible for third-party products .

3. Content (a) Your Content. You provide input to the Service (“ Input ”) and receive output (“ Output ”) that the Service generates and returns from the Input . Inputs and outputs are collectively referred to as “Content”. As between the parties and to the extent permitted by applicable law , you own all inputs . Subject to your compliance with these terms, Output hereby assigns to you all of its right, title and interest in Output . This means that if you abide by these terms, you can use the content for any purpose, including commercial purposes such as selling or publishing . The Content may be used to provide and maintain the Services , comply with applicable laws, and enforce our policies. You are responsible for the content , including ensuring that it does not violate any applicable laws or these Terms.

(b) are similar in content. Due to the nature of machine learning , outputs may not be unique among users and the Services may generate the same or similar outputs for us or for third parties . For example, you can provide an input to a model such as “What color is the sky?” and receive an output such as “The sky is blue . ” Other users may also ask similar questions and receive the same responses. Responses requested by and generated for other users are not considered Your Content. (c) Using Content to Improve the Services . We do not use the content you provide to or receive from our APIs (“API Content”) to develop or improve our Services . We may use content on the Services outside of the API (“Non- API Content”) to help develop and improve our Services . You can read more about how to use non-API content to improve model performance here . If you do not wish to have your non- API content used to improve the Services , you may opt-out by completing this form . Note that in some cases this may limit the ability of our Services to better address your specific use case. (d) Accuracy . Artificial intelligence and machine learning are rapidly growing fields of research. We are constantly working to improve our Services to make them more accurate, reliable, safe and helpful. Due to the probabilistic nature of machine learning , use of our Services in some cases may result in incorrect output that does not accurately reflect real people, places or facts . You should evaluate the accuracy of any output based on your use case , including human review of the output .

4. Fees and Payment (a) Fees and Billing . You will pay all fees charged to your Account (“ Fees ”) in accordance with the prices and terms on the applicable pricing page, or as otherwise agreed in writing between us. We reserve the right to correct pricing errors or errors even after we have invoiced or received payment . You will provide complete and accurate billing information, including a valid and authorized method of payment. We will charge your payment method on an agreed recurring basis , but may reasonably change the date of charge. You authorize us and our third-party payment processors to charge your payment method . If your payment cannot be completed, we will notify you in writing and may suspend access to the Services until payment is received . Payments are non- refundable , except as otherwise provided in this Agreement .

(b) Taxation. Unless otherwise stated , fees are exclusive of taxes, duties and other similar assessments (“Taxes”). You are responsible for all taxes associated with your purchases , excluding taxes based on our net income , for which we may invoice you . You agree to promptly pay such taxes and provide us with documentation showing payment or such other evidence as we may reasonably request . We use the name and address on your account registration as the place of supply for tax purposes , so you must keep this information accurate and up to date. (c) Price Changes . We may change our prices by posting a notice to your account and /or our website . Price increases will be effective 14 days after posting , except for increases for legal reasons or for Beta Services ( as defined in our Terms of Service ) , which will be effective immediately. Any price changes will apply to charges to your account immediately after the effective date of the change . (d) Disputes and Late Payments. If you wish to dispute any charges or taxes , please contact us within thirty (30) days of the date of the invoice in question . Undisputed overdue amounts may incur a finance charge of 1.5% of the monthly outstanding balance. If any amount of your Fees is past due, we may suspend your access to the Services upon written notice to you of the late payment . (e) Free Tier. You may not create multiple accounts to benefit from credits offered in the free tier of the Services . If we believe that you are not using the free tier in good faith, we may charge you the standard fee or stop providing access to the service .

5. Confidentiality, security and data protection (a) Confidentiality. You may use Confidential Information only as required to use the Services as permitted by these Terms . You will not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner as you would protect your own Confidential Information of a similar nature , at least using reasonable care . Confidential Information is non-public information, including software , specifications , and other non-public commercial information, that is designated or should reasonably be considered confidential under the circumstances . Confidential Information does not include information that: ( i ) is or becomes generally available to the public through no fault of yours ; ( iii) duly disclosed to you by a third party without any obligation of confidentiality; ( iv ) independently developed by you without using the Confidential Information . You may disclose Confidential Information when required to do so by law or by valid order of a court or other government agency, provided you give us reasonable prior written notice and use reasonable efforts to limit the scope of the disclosure , including assisting us in challenging the disclosure request , each case is possible. (iv) You develop independently without using Confidential Information . You may disclose Confidential Information when required to do so by law or by valid order of a court or other government agency, provided you give us reasonable prior written notice and use reasonable efforts to limit the scope of the disclosure , including assisting us in challenging the disclosure request , each case is possible. (iv) You develop independently without using Confidential Information . You may disclose Confidential Information when required to do so by law or by valid order of a court or other government agency, provided you give us reasonable prior written notice and use reasonable efforts to limit the scope of the disclosure , including assisting us in challenging the disclosure request , each case is possible. You may disclose Confidential Information when required to do so by law or by valid order of a court or other government agency, provided you give us reasonable prior written notice and use reasonable efforts to limit the scope of the disclosure , including assisting us in challenging the disclosure request , each case is possible. (iv) You develop independently without using Confidential Information . You may disclose Confidential Information when required to do so by law or by valid order of a court or other government agency, provided you give us reasonable prior written notice and use reasonable efforts to limit the scope of the disclosure , including assisting us in challenging the disclosure request , each case is possible.

(b) Security. You must implement reasonable and appropriate measures designed to help protect your access to and use of the Services . If you become aware of any vulnerability or breach in relation to your use of the Services , you must contact us immediately and provide details of the breach or breach . (c) Processing of Personal Data . If you use the Services to process personal data, you must provide a legally sufficient privacy statement and obtain the necessary consent for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law .

6. Term and Termination (a) Termination ; Suspension . These Terms become effective when you first use the Services and remain in effect until terminated . You may terminate these Terms at any time for any reason by ceasing to use the Services and Content . We may terminate these Terms for any reason by giving you at least 30 days’ advance notice . If you materially breach Section 2 (Use Requirements), Section 5 (Confidentiality, Security and Data Protection ), Section 8 ( Dispute Resolution) or Section 9 (General Terms), if you third-party technology providers, or to comply with legal or governmental requirements. If you do not comply with these Terms, we may suspend your access to the Services if your use poses a security risk to us or any third party ,

(b) Effect on Termination . Upon termination , you will cease to use the Services and you will immediately return or, at our direction, destroy any Confidential Information. Those parts of these Terms which by their nature should survive termination or expiration shall survive termination or expiration , including but not limited to Section 3 and Sections 5-9 .

7. Indemnification ; Disclaimer ; Limitation of Liability (a) Compensation . You defend us , our affiliates , against any claims , losses and expenses ( including attorneys’ fees ) Defend , indemnify , and hold harmless Company and our personnel from or from the Services you develop or provide in connection with the Services , and your violation of these Terms or violation of applicable law.

(b) Disclaimer of Warranty. The Services are provided ” as is “. Except to the extent prohibited by law , we and our affiliates and licensors make no warranties (express, implied, statutory or otherwise) with respect to the Services and disclaim all warranties , including without limitation Warranties of merchantability , fitness for a particular purpose , satisfactory quality , non-infringement and quiet enjoyment, and any warranties arising in course of dealing or trade use . We do not warrant that the Service will be uninterrupted, accurate or error-free , or that any content will be secure or that it will not be lost or altered. (c) Limitation of Liability . even if we have been advised of the possibility of such damages . OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT PAID BY YOU FOR SERVICES ARISING OUT OF THE CLAIM IN THE 12 MONTHS PRIOR TO THE LIABILITY ARISING . The limitations in this section apply only to the maximum extent permitted by applicable law .

8. Dispute resolution You agree to the following Mandatory Arbitration and Class Action Waiver:

(a) Mandatory Arbitration. You and we agree to resolve any past or present claims related to these Terms or our services by final and binding arbitration , provided that you have the right to opt -out of these arbitration provisions and this future changes to these arbitration provisions by completing this form within 30 days of agreeing to these arbitration provisions or related changes . (b) Informal Dispute Resolution. We want to understand and try to resolve your concerns before formal legal action . Before filing a claim with us , you agree to attempt to resolve the dispute informally by sending us a notice stating your name , a description of the dispute, and the assistance you are seeking . If we cannot resolve the dispute within 60 days , you may file a formal lawsuit . (c) Arbitration . Either party may commence binding arbitration through the provision of alternative dispute resolution services . The parties will pay the arbitration fees equally. (d) Arbitration Proceedings. Arbitration will be conducted by written submissions , video conference or in person by telephone at a mutually agreed location . (e). Exceptions. This Arbitration Section does not require arbitration of claims for : ( i ) individual claims brought in small claims court ; (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Service service or intellectual property infringement. (f) No Class Actions . Disputes may only be brought on an individual basis and not as a plaintiff or class member in any purported class , consolidated , or representative action . Class arbitrations, class actions , private attorney general actions , and consolidation with other arbitrations are not permitted . If for any reason the dispute proceeds in court rather than by arbitration , each party knowingly and irrevocably waives any right to a trial by jury in any action , proceeding, or counterclaim . This does not preclude either party from participating in a class-wide settlement of claims . (g) Class Requests . If at any time , 30 or more similar arbitration claims are filed against us or related parties by the same or coordinated attorneys or entities (“Batch Requests ”), the arbitration. The arbitrator will make a final decision on the initial test case within 120 days of the first hearing , unless the claim is resolved earlier or the parties agree to an extension of the deadline. The parties will then have 90 days (the ” Mediation Period”) to resolve the remaining mediated cases based on the initial test case determination. If the parties are unable to resolve outstanding claims within this period , each party may opt out of the arbitration process and proceed in court by giving the other party written notice within 60 days of the mediation period . Otherwise , the remaining cases will proceed to arbitration in the order specified . Any statute of limitations will be charged from the time the initial test case is selected until the time your case is selected as described above . (h) Severability. If any part of this Section 8 is found to be illegal or unenforceable , the remainder will remain in effect, except that a finding of partial illegality or unenforceability would allow a class application or class or representative arbitration, and this Section 8 will be incorporated in its The regulations are not enforceable as a whole. Nothing in this section shall be deemed to be a waiver or otherwise limit the right to seek public injunctive relief or any other non-waiverable right pending an arbitrator’s decision on the substance of such claim .

9. General Terms (a) Relationship between the parties. These Terms do not create a partnership, joint venture or agency relationship between you and our company . Neither we nor you have the authority to bind the other or to incur obligations on behalf of the other without the prior written consent of the other .

(b) Use of Brands. You may not use our company name, logo or trademarks without our prior written consent . (c) Copyright Complaints . If you believe your intellectual property rights have been violated, please notify us or complete this form. We may remove or disable allegedly infringing content and may terminate the accounts of repeat infringers . Written claims of copyright infringement must include the following information: electronic signature of a person authorized to act on behalf of the owner of the copyright interest ; of the copyrighted work that you claim has been infringed; A description of where on the website the material that you claim is infringing is located; your address, phone number and email address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner . (e) Assignments and Delegations. You may not assign or delegate any rights or obligations under these Terms , including rights or obligations related to a change of control . Any purported assignment and authorization is void. We may associate these Terms with a merger, acquisition or sale of all or substantially all of our assets , or transfer to any affiliate or as part of a corporate reorganization . (f) Modifications. We may revise these Terms from time to time by posting a revised version on the Site , or if the update materially and adversely affects your rights or obligations under these Terms , we will Mail to send you emails associated with your account or to provide in -product notifications. These changes will take effect within 30 days of our notification to you . All other changes will take effect immediately. Your continued use of the Services following any changes constitutes your agreement to such changes. (g) Notice. All notices will be in writing . We may use the registration information you provide or the email address associated with your use of the service to notify you. If delivered by email , the service will be deemed delivered on the date it is received ; if delivered by post, the service will be deemed delivered on the date it is delivered by courier . (h) Waiver and Severability. If you do not comply with these terms, and we do not take immediate action , this does not mean We waive any of our rights. Except as provided in Section 8 , if any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction , that provision will be enforced to the fullest extent permissible and will not affect any Enforceability of other terms . ( i ) Export Control. You represent and warrant that You are not located in any embargoed country nor on any such restricted party list . You must comply with all applicable laws relating to embargoed countries or restricted party lists , including any requirements or obligations to know your end users directly . (j) Equitable Relief . You acknowledge that if you breach or breach these Terms, you may be subject to Irreparable damages caused by us and our affiliates shall be entitled to seek injunctive relief against you in addition to any other legal remedies . (k) Entire Agreement . These Terms and any policies contained in these Terms contain your agreement with This entire agreement between us regarding the use of the Services , excluding any Service- Specific Terms of Use or any applicable Enterprise Agreement , supersedes any prior or contemporaneous agreements , communications or understandings .