TERMS OF USE
Last updated: 3rd October 2024
1. Overview
Welcome to Determinist Ltd ("Company", "we", "our", "us")! These Terms of Use ("Terms") govern your use of our web pages located at <https://platform.agpt.co> operated by Determinist Ltd and any website where we display these terms (each a "Site").
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages. Please read it here <https://www.notion.so/auto-gpt/Privacy-Policy-ab11c9c20dbd4de1a15dcffe84d77984>.
Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood the Agreements and agree to be bound by them.
If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service. Please let us know by emailing [email protected] so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the Service.
We reserve the right to modify these Terms of Use at any time without giving you prior notice. Your use of a Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use, as modified. The last date these Terms of Use were revised is set forth above, so be sure to check back for updates.
Thank you for being responsible.
2. Communications
By opting in during the account creation process, you agree to receive newsletters and promotional materials from us. You can withdraw your consent at any time by following the unsubscribe instructions in our communications or by contacting us at [email protected].
3. Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase, including your payment details.
You represent and warrant that: (i) you have the legal right to use any payment method(s) in connection with any Purchase; and (ii) the information you supply to us is true, correct, and complete.
We may employ the use of third-party services to facilitate payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties, subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Determinist Ltd cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Determinist Ltd customer support.
A valid payment method is required to process the payment for your Subscription. You shall provide Determinist Ltd with accurate and complete billing information, including full name, address, country, postal code, telephone number, and a valid payment method. By submitting such payment information, you authorize Determinist Ltd to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Determinist Ltd will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
5. Fee Changes
Determinist Ltd, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Determinist Ltd will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
6. Refunds and Cancellation Rights
You have the right to cancel your Subscription within 14 days of purchase and receive a full refund, except where you have expressly agreed to the service beginning within this period and acknowledged that you will lose the right to cancel.
To exercise your right to cancel, you must inform us of your decision by a clear statement sent to [email protected]. We will communicate to you an acknowledgment of receipt of such a cancellation by email without delay.
Except when required by law, after the 14-day cancellation period, paid Subscription fees are non-refundable.
7. Content
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and grant us the rights and licence as provided in these Terms; and (ii) the posting of your Content on or through the Service does not violate the rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on intellectual property rights.
You retain any and all of your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service.
Determinist Ltd has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service is the property of Determinist Ltd or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or personal gain, without express advance written permission from us.
8. Permitted Use of the Service
You may use the Service, and the information, writings, images, and/or other works that you see, hear, or otherwise experience on the Service (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about Determinist Ltd and the products, services, and opportunities we offer, solely in compliance with these Terms of Use.
We may offer products, features, or tools as part of the services that are powered by artificial intelligence, machine learning, or similar technologies (collectively, "AI Products").
8.1 Input and Output
You are responsible for any text, images, or other content you upload or submit to the AI Products ("Input") as well as the text, images, or other content generated by the AI Products based on your Input ("Output"). You will ensure that your use of the AI Products, including Input and Output, complies with our Agreements and with applicable law. You acknowledge that Input will not be treated as confidential information, so you should not include any data or information in your Input that you're restricted from using or sharing. Further, Output will not be confidential information. You acknowledge that Output may not be accurate or reliable and that you should independently review all Output before using or sharing it.
8.2 Ownership and Rights
Between you and Determinist Ltd, you retain all rights you may have to use and exploit your Output, and we retain all ownership in and to the AI Products, including but not limited to all algorithms or models and aggregated results of developing the AI Products. This means you can use your Output for any lawful purpose, including commercial purposes such as sale or publication, in accordance with these Terms.
You acknowledge that Output may not be unique across users and that the AI Products may generate the same or similar Output for you or a third party.
8.3 AI Service Providers
We provide some elements of the AI Products through third-party service providers ("AI Service Providers"). You acknowledge that your Input and Output, including any data, will be shared with and processed by our AI Service Providers to enable your use of our AI Products, for content moderation, and other business purposes consistent with these Terms.
You may not use the AI Products in a manner that violates any terms or policy of any AI Service Provider.
8.4 Availability and Modifications
We do not guarantee the availability of the AI Products in any or all geographical areas. We may make changes to the AI Products that materially reduce the functionality provided to you at any time in our sole discretion.
9. Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
(a) In any way that violates any applicable national or international law or regulation.
(b) For the purpose of harming or attempting to harm minors in any way.
(c) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
(d) To impersonate or attempt to impersonate Determinist Ltd, a Determinist Ltd employee, another user, or any other person or entity.
(e) In any way that infringes upon the rights of others, or in any way is unlawful, fraudulent, or harmful, or in connection with any unlawful, fraudulent, or harmful purpose or activity.
(f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm or offend Determinist Ltd or users of the Service or expose them to liability.
Additionally, you agree not to:
(a) Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service.
(b) Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose without our prior written consent.
(c) Use any manual process to monitor or copy any of the material on the Service without our prior written consent.
(d) Use any device, software, or routine that interferes with the proper working of the Service.
(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
(f) Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Service.
(g) Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
(h) Take any action that may damage or falsify Determinist Ltd's rating.
(i) Otherwise attempt to interfere with the proper working of the Service.
10. Analytics
We may use third-party service providers to monitor and analyse the use of our Service. These providers may collect information about your use of the Service in accordance with our Privacy Policy. By using the Service, you consent to the processing of data about you by these analytics providers for the purposes set out in our Privacy Policy.
11. No Use By Minors
Our Service is not intended for individuals under the age of 18. We do not knowingly collect personal data from children under 13 without verifiable parental consent.
12. Accounts
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate suspension of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including restricting access to your computer and account. You agree to accept responsibility for any activities or actions that occur under your account or password. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You may not use as a username the name of another person or entity or a name that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without appropriate authorisation, or a name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
13. Intellectual Property
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Determinist Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of England and Wales. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Determinist Ltd.
14. Intellectual Property Rights Infringement
We respect the intellectual property rights of others. If you believe that any Content on our Service infringes your intellectual property rights, please notify us at [email protected] with the subject line "Intellectual Property Infringement" and provide a detailed description of the alleged infringement.
Upon receipt of your notice, we will take appropriate action, including removing or disabling access to the allegedly infringing material, in accordance with applicable laws.
15. Error Reporting and Feedback
You may provide us with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback") by emailing [email protected]. You acknowledge and agree that:
(i) You have the right to provide the Feedback;
(ii) The Feedback does not contain confidential or proprietary information of third parties; and
(iii) We are free to use the Feedback without any additional compensation to you.
16. Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Determinist Ltd.
Determinist Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not endorse the offerings of any of these entities or individuals.
You acknowledge and agree that Determinist Ltd shall not be responsible or liable for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
We strongly advise you to read the terms of service and privacy policies of any third-party websites or services you visit.
17. Disclaimer of Warranty
These Services are provided by Determinist Ltd on an "as is" and "as available" basis. Determinist Ltd makes no representations or warranties of any kind, express or implied, as to the operation of these Services or the information, content, or materials included therein. You expressly agree that your use of these Services is at your sole risk.
Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.
18. Limitation of Liability
To the extent permitted by law, Determinist Ltd, its affiliates, directors, employees, agents, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
(a) Your access to or use of or inability to access or use the Service;
(b) Any conduct or content of any third party on the Service;
(c) Any content obtained from the Service; and
(d) Unauthorised access, use, or alteration of your transmissions or content.
In no event shall Determinist Ltd's total liability to you for all damages exceed the amount of £100.
19. Indemnification
You agree to indemnify and hold harmless Determinist Ltd and its affiliates, employees, and agents from any reasonable losses, damages, liabilities, costs, and expenses arising out of or in connection with your use of the Service or violation of these Terms.
20. Termination
We may terminate or suspend your account if you materially breach these Terms and fail to remedy the breach within 14 days of our notice to you.
If you wish to terminate your account, you may discontinue using the Service.
All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
21. Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not constitute a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.
22. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, at our sole discretion without notice. We will not be liable if all or any part of the Service is unavailable at any time or for any period.
23. Amendments To Terms
We may amend these Terms at any time by posting the amended terms on this Site. It is your responsibility to review these Terms periodically.
Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorised to use the Service.
24. Waiver and Severability
No waiver by Determinist Ltd of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition. Any failure of Determinist Ltd to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or competent authority to be invalid, illegal, or unenforceable, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
25. Acknowledgement
By using the Service, you acknowledge that you have read these Terms of Use and agree to be bound by them.
26. Contact Us
Please send your feedback, comments, and requests for technical support:
By email: [email protected].