Last Updated: August 1, 2024

TieSet, Inc. 214 Homer Ave, Palo Alto, CA 94301

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These Terms of Service ("TOS") are a legal agreement between you ("Customer") and TieSet, Inc. ("TieSet," "we," "us"). They govern your use of our adaptive-LLM service, including our website, APIs, software, tools, documentation, content, and functionalities (collectively, the "Service").

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1. Acceptance of Terms

(A) By accepting these TOS or using the Service, you agree to comply with and be bound by them, including our Privacy Policy and Acceptable Use Policy. You also acknowledge that you have read and understood these policies. If you do not agree to these TOS, the Privacy Policy, or the Acceptable Use Policy, you must not use the Service.

(B) If you are accepting these TOS on behalf of a company or organization, you represent that you have the authority to bind that entity to these TOS.

(C) You can review the most current version of these TOS at any time at https://tieset.com/tos-adaptivellm. If any part of these TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.

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2. Description of Service

The "Service" refers to TieSet's adaptive-LLM platform, including any associated APIs, software, libraries, data, reports, content, and any updates or modifications thereto.

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3. Accounts

(A) To access the Service, you may need to create an account. You agree to provide accurate, complete, and up-to-date information during the registration process. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

(B) You must notify TieSet immediately of any unauthorized use of your account or any other breach of security.

4. Evaluation and Additional Services

(A) TieSet may offer limited-time or limited-functionality evaluations of the Service, including beta and free versions. These evaluations are provided "as-is" with no warranties and may include limited functionality. TieSet reserves the right to terminate these evaluations at any time without notice.

(B) Certain Services may require acceptance of additional terms. If you accept these terms on behalf of an entity, you represent that you have the authority to bind that entity.

5. Use Rights, Requirements, and Restrictions

(A) You must use the Service in compliance with these TOS, our Acceptable Use Policy, and applicable laws. You may not misuse the Service, violate any laws, infringe on intellectual property rights, or provide unauthorized access to the Service.

(B) You agree not to sublicense, resell, rent, lease, transfer, assign, time-share, or otherwise commercially exploit or make the Service available to any third party without prior written consent from TieSet.

(C) Prohibited Uses:
You are strictly prohibited from using the Service for:

1. Generating or distributing abusive, fraudulent, or harmful content.

2. Engaging in activities that compromise security, such as unauthorized access, phishing, or spreading malware.

3. Violating privacy rights, including inappropriate use of personal information.

4. Utilizing outputs from the Service for purposes like "model scraping" or training other AI models without permission.

5. Any form of child exploitation or abuse, including the creation, support, or distribution of Child Sexual Abuse Material (CSAM).

6. Generating deceptive or misleading content, such as impersonating humans, creating fake reviews, or engaging in disinformation campaigns.

7. Promoting illegal or highly regulated activities, such as the trade of illegal goods, human trafficking, or facilitating any form of crime.

8. Creating or distributing sexually explicit content or engaging in erotic chats.

9. Promoting violence, hate speech, or any discriminatory practices.

(D) Prohibited Business Use Cases:
You may not use the Service for:

1. Tracking or targeting individuals using technologies like facial recognition or predictive policing.

2. Making determinations in criminal justice matters, such as parole eligibility.

3. Making automated decisions regarding financing, housing, or employment.

(E) Additional Requirements for Businesses:
If you use the Service to provide legal, medical, or financial advice, you must ensure that all outputs are reviewed by a qualified professional before being shared with consumers. You are responsible for the accuracy and appropriateness of the information provided. If you deploy the Service as part of an automated system where users interact with the Service, you must clearly disclose to users that they are interacting with an AI system and not a human.

6. Ownership of the Service and Content

(A) TieSet and its affiliates, licensors, and service providers retain all rights, including intellectual property rights, in the Service. You do not acquire any ownership rights in the Service except for the limited rights granted under these TOS.

(B) When using the Service, you may submit content ("Prompts") and receive outputs ("Outputs"). You retain ownership of the Prompts, but by submitting them, you grant TieSet a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, modify, reproduce, distribute, display, publish, and perform your Prompts in connection with the Service, including for the purposes of improving the Service and developing new features.

(C) TieSet does not guarantee the accuracy or reliability of any Outputs generated by the Service. You are responsible for verifying the appropriateness of these Outputs before using them.

7. Viruses and Security

(A) TieSet does not guarantee that the Service is free from bugs, viruses, or other harmful components. You are responsible for implementing sufficient procedures to satisfy your requirements for security, data backup, and protection.

(B) You agree not to misuse the Service by introducing viruses, trojans, worms, or other malicious software.

8. Modification, Suspension, Discontinuation of the Service

(A) TieSet reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, at its sole discretion.

(B) TieSet shall not be liable to you or any third party for any such modification, suspension, or discontinuation of the Service.

9. Fees and Payment

(A) Some parts of the Service may require payment of fees. You are responsible for paying the applicable fees as set forth in the applicable order form or through the online customer portal.

(B) Fees may be recurring or based on usage. TieSet may change fees with notice to you.

(C) Additional fees may apply for new services or features. Third-party payment processors may be used, and TieSet is not liable for errors caused by them.

10. Third-Party Services and Links

(A) The Service may include or be used with third-party content, services, or integrations. TieSet is not responsible for any loss, damage, or security risks arising from your use of such third-party offerings.

(B) Your use of third-party content, services, or integrations is at your own risk and subject to the terms and policies of those third parties.

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11. Feedback

(A) By providing feedback, suggestions, or ideas ("Feedback") regarding the Service, you grant TieSet a worldwide, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, modify, create derivative works from, and otherwise exploit such Feedback for any purpose without compensation to you.

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12. Confidentiality

(A) TieSet may provide you with confidential information. You may only use and share this confidential information as necessary for your permitted use of the Service. You must protect the confidentiality of this information and destroy it upon TieSet’s request, except as required by law.

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13. Disclaimer of Warranties and Limitation of Liability

(A) The Service is provided "as is" without warranties of any kind. TieSet disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

(B) In no event shall TieSet be liable to you for any indirect, special, incidental, consequential, or punitive damages, or for any loss of profits or revenues, even if TieSet has been advised of the possibility of such damages.

(C) TieSet's total liability to you for any claim arising out of or relating to these TOS or the Service shall not exceed the amount paid by you for the Service in the twelve (12) months preceding the event giving rise to the claim.

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14. Termination

(A) TieSet may terminate this Agreement or suspend your access to the Service at any time, with or without notice, if you breach these TOS or engage in any activity that TieSet, in its sole discretion, deems harmful to its interests or the interests of other users.

(B) Upon termination, you must immediately cease using the Service and delete any confidential information obtained through the Service. TieSet reserves the right to delete any data associated with your account, particularly in connection with free or trial services. Certain provisions of these TOS, such as those relating to confidentiality, intellectual property, and indemnification, will survive termination.

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15. Arbitration

(A) Any dispute, controversy, or claim arising out of or relating to these TOS, including the validity, invalidity, breach, or termination thereof, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall be conducted in San Francisco, California, and shall be held in English.

(B) Each party shall bear its own costs and fees, except that the prevailing party may recover its reasonable attorney’s fees and costs.

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16. Miscellaneous

(A) These TOS, along with any other guidelines, rules, or supplemental terms referenced herein, constitute the entire agreement between you and TieSet regarding the Service.

(B) If any provision of these TOS is found to be invalid, the remaining provisions will continue in full force and effect.

(C) TieSet’s failure to enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.

(D) These TOS shall be governed by and construed in accordance with the laws of California, without regard to its conflict of laws principles. Any disputes arising under these TOS shall be subject to the exclusive jurisdiction of the courts in San Francisco, California.

(E) You may not assign or transfer these TOS or any rights or obligations under these TOS without TieSet’s prior written consent.

(F) TieSet may comply with requests from government authorities relating to the Service and reserves the right to report any issues to law enforcement.

(G) The Service is considered commercial software, and U.S. government users have the same rights as other users under these TOS.

(H) You agree not to export, re-export, or provide access to the Service to restricted parties or countries in violation of U.S. export control laws and regulations. You represent and warrant that you and anyone accessing the Service through your account are not restricted parties or located in any restricted country.

(I) The Service is provided "as-is," and TieSet disclaims any responsibility for your reliance on the Outputs generated by the Service. You acknowledge that the Service may produce inaccurate, harmful, or biased information, and you are responsible for independently verifying the accuracy and suitability of the Outputs for your purposes.