Platform Service Terms

These Platform Service Terms ("Terms") govern the relationship between Agent.Flipped.Chat ("we," "us," "our") and the entity or individual ("Customer," "you," "your") using or accessing our service product("Services"). Please read these Terms carefully along with our Privacy Policy, which outlines how we handle your data. These Terms reference and incorporate any written purchase documents executed by you and Agent.Flipped.Chat. Together, the Terms and Privacy Policy constitute the single binding agreement between you and Agent.Flipped.Chat ("Agreement").

You must be at least 18 years old to use the Services.

We may update these Terms periodically, and all changes will take effect from the "Last Updated" date indicated at the top of this page. By continuing to use the Services, you are deemed to have accepted the updated Terms. If you do not agree with the contents of this Agreement, please stop using or accessing the Services immediately.

1. Artificial Intelligence Disclaimer

Artificial Intelligence ("AI") and machine learning are rapidly evolving fields of research. When using or accessing the Services, you need to be aware of the following:

1.1 Basic Understanding and Responsibility

1. You acknowledge that you are interacting with an AI system.
2. AI systems are based on probabilistic models, which may result in misunderstandings or errors.
3. The service provider is not responsible for any misunderstandings or inaccuracies caused by AI.

1.2 User Responsibilities

1. You are responsible for independently reviewing all AI-generated output.
2. You should exercise personal judgment before relying on AI-generated output.
3. You are fully responsible for monitoring and approving the use of AI-generated output.
4. You assume responsibility for any decisions, actions, or omissions based on AI output.

1.3 Inherent Limitations of AI Functionality

1. Outputs may contain errors or inaccurate information.
2. AI lacks creative thinking and may produce repetitive or formulaic content.
3. AI may struggle to understand subtle nuances in language, including slang and cultural references.
4. AI cannot understand or express emotions like humans.
5. AI outputs may perpetuate biases present in its training data.
6. AI has limitations in performing complex reasoning and judgment tasks.
7. AI relies on large volumes of training data, and issues with data quality can affect the output.

1.4 Disclaimer

1. The service provider makes no warranties or guarantees regarding AI functionality or output.
2. The service provider is not liable for any losses resulting from the use of AI services or reliance on AI output.
3. Users should independently evaluate AI-generated output before use and are fully responsible for subsequent actions.

2. Access and Use

2.1 Access Rights

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our Services. We reserve the right to modify, suspend, or terminate any part of the Services at any time without prior notice. You agree not to use the Services in any way that could damage its functionality or accessibility.

2.2 Account Responsibilities

To access our Services, you must complete account registration on the website and ensure that the personal information you provide is accurate, up-to-date, and complete. You must promptly update any changes and must not impersonate others or provide false information. Your login credentials (e.g., username, password, access keys) must remain confidential, and you are responsible for all activities conducted under your account. If you detect unauthorized use or security breaches, you must notify us immediately. We reserve the right to disable your account if you violate these Terms or provide false information. By using our Services, you consent to our collection and use of information about you and your device to improve our products and provide Services. You are responsible for maintaining the confidentiality of your account and for activities under your account and agree to notify us immediately upon discovering unauthorized use or security issues.

2.3 Prohibited Conduct

It is strictly prohibited to use the Services for any unlawful or regulatory violations. Unauthorized access to the Service systems, user accounts, or related networks is forbidden. You may not use automated tools to scrape data without our written permission. Additionally, you are prohibited from uploading or transmitting content containing viruses, malicious code, or anything that could harm computer system functionality.

2.4 Usage Restrictions

The Services may impose usage restrictions on specific features or settings, such as limits on access frequency, storage capacity, or other system resources. You agree to comply with these restrictions, which may be updated at any time, and must not attempt to bypass them in any way.

2.5 Service Changes

We reserve the right to modify or update the Services and their features without prior notice. Furthermore, we cannot guarantee that the Services will always be available, uninterrupted, or error-free.

3. Your Obligations

3.1 Access and Prompts

In consideration of your compliance with these Terms of Service and payment of the applicable subscription fees, we authorize you to access and use our Services to generate outputs based on your prompts. You may access the full list of services we provide, which may be updated periodically. You are solely responsible for ensuring that the prompts and user data you submit are lawful, reliable, complete, accurate, and of sufficient quality. Do not include unauthorized sensitive or confidential information or personal data in your prompts, including but not limited to access keys, passwords, usernames, or personal account/invitation information. You agree to implement and maintain appropriate IT security measures, follow the IT security procedures we notify you of from time to time, and are solely responsible for obtaining and maintaining any devices, software, and other services or data necessary to connect to, access, or use our Services. We are not liable for any failure on your part to obtain or maintain these necessary devices, software, and services.

3.2 Restrictions

Unless explicitly permitted in these Terms of Service (or otherwise authorized by us in writing), you must not, directly or indirectly:

• Reverse Engineering: Reverse engineer, decompile, disassemble, modify, create derivative works, or otherwise attempt to create, derive, or allow or assist any third party to create or derive the source code of the Services, except to the extent permitted by applicable law.
• Removing Notices: Remove or alter terms of use, any copyright notices, or other identifying disclaimers, even if they appear within the Services.
• Regulatory Violations: Use the Services for any purposes classified as "prohibited" or "high-risk" under applicable laws and regulations, including but not limited to AI regulatory requirements in various countries and regions.
• Security Breaches: Attempt to probe, scan, or test the vulnerability of the Services, breach the security or authentication measures of the Services without proper authorization, or intentionally make any part of the Services unavailable to any user.
• Unauthorized Testing: Conduct or solicit others to conduct any load testing or penetration testing without our prior written consent.
• Unauthorized Transfer: Transfer, lease, license, lend, provide, assign, or otherwise make the Services available, or use the Services to provide services to third parties without our prior written consent.
• Encumbrances: Make the Services to become subject to any debt, rights, or encumbrances.
• Data Scraping: Engaging in or using any data mining, crawling, readers, bots, scraping, or similar data collection or extraction methods that result in a load on the service inconsistent with normal human usage behavior.
• Reputation Damage: Use the Services in a way that may harm our name or reputation or that of any of our subsidiaries or partners.
• Improper Use: Use the Services in connection with any illegal, prohibited, discriminatory, fraudulent, deceptive, offensive, violent, pornographic, unethical, inappropriate, or harmful purposes or activities.
• Malicious Content: Can not use the Services or upload any data that results in the distribution or execution of:
  • (a) Malicious code (e.g., viruses, worms, spyware, adware, or other harmful technologies);
  • (b) Any software, programs, routines, applications, or technologies that significantly degrade computer performance or introduce significant security risks to computers;
  • (c) Any illegal, prohibited, discriminatory, fraudulent, deceptive, offensive, violent, pornographic, unethical, inappropriate, or harmful content or materials.
• Exceeding Limits: Exceed the usage limits of the Services as notified to you, or use the Services in a way that excessively consumes our resources or significantly degrades the Services provided to other customers.
• Other Violations: Engage in any activities that (a) violate applicable laws, (b) infringe or violate third-party rights, or (c) are not explicitly permitted by these Terms of Service.

We may take reasonable technical measures to limit your excessive use of computing resources to ensure the overall quality of service for our customer base.

If we block your access to the Services (including by blocking your IP address), you agree not to take any actions to circumvent such blocking (e.g., by disguising your IP address, using proxy IP addresses, or virtual private networks).

If you violate these Terms of Service, we may suspend or terminate your right to use the Services. If you wish to use the Services in ways not expressly permitted by these Terms of Service, you must contact us and obtain separate authorization.

4. User Data

4.1 Your Responsibility:

You may provide prompts and other data to facilitate prompts, fine-tuning, or customization of the Agent.Flipped.Chat service, or to otherwise generate outputs. We do not claim ownership of such outputs. You or your licensors (as applicable) are the sole owners of the outputs (collectively referred to as "User Data" along with the prompts and other inputs you submit). You agree that you are fully responsible for all User Data and for obtaining all authorizations, consents, and permissions necessary to use and provide User Data to us. By uploading, submitting, or creating User Data, you represent and warrant that:

• You own or have obtained licenses for all rights, titles, and interests in the User Data, including all copyrights and publicity rights contained therein;
• The User Data, as well as our use and receipt of it as permitted under these Terms of Service, does not infringe upon any individual's rights or violate any applicable laws or regulations;
• You have the right to grant us the license to use the User Data under these Terms of Service;
• To the best of your knowledge, all User Data you submit:
  • Is accurate and up-to-date;
  • Is not false, inaccurate, or misleading;
  • Does not violate these Terms of Service.

4.2 User Data Disclaimer:

Agent.Flipped.Chat is an AI-based service that operates based on predefined rules and algorithms. You understand and agree that, due to the nature of the Agent.Flipped.Chat service, other users providing similar or identical inputs may receive outputs similar or identical to yours. We do not guarantee that the outputs you receive from Agent.Flipped.Chat will be dissimilar or unique compared to those received by other users.

We make no representations or warranties regarding the accuracy, completeness, timeliness, correctness, reliability, quality, suitability, or originality of any User Data processed by Agent.Flipped.Chat, and we disclaim all related liabilities. You bear all risks associated with the data you provide to Agent.Flipped.Chat and its transmission, and you are solely responsible for the accuracy, completeness, timeliness, correctness, reliability, quality, suitability, legality, originality, and appropriateness of the data you provide. In the event of any loss or damage to User Data, to the extent permitted by law, your sole remedy is limited to our reasonable efforts to assist you in recovering lost or damaged data.

4.3 License:

You grant us and our affiliates, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers of direct or indirect authorization) right to: (a) during your use of the Agent.Flipped.Chat service, allow us to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Data to provide and operate the Agent.Flipped.Chat service and monitor your compliance with these Terms of Service; and (b) a perpetual and irrevocable license to use your User Data in an aggregated and anonymized manner to improve the Agent.Flipped.Chat service and create usage data. This helps us enhance the accuracy and overall efficiency of the Agent.Flipped.Chat service. If we process any personal data contained in your User Data (as defined under applicable data protection laws), the above license will be subject to our Privacy Policy, which is posted on our website and updated from time to time.

5. Intellectual Property

5.1 License

Subject to your compliance with these Terms of Service and payment of any applicable fees, we grant you a global, revocable, non-exclusive, non-sublicensable, and non-transferable right to use the Agent.Flipped.Chat service during the subscription term, in accordance with the provisions of these Terms of Service.

5.2 Ownership

We retain all rights, title, and interest in and to the Usage Data (as defined below), the Agent.Flipped.Chat service (including the skills, expertise, and methods used to provide the service), and any improvements, enhancements, or modifications thereof, including all Intellectual Property Rights (as defined below). "Intellectual Property Rights" refers to patents, rights to inventions, copyrights and related rights, moral rights, data rights and database rights, rights to software code, domain names, trademarks, logos, and trade names, rights to goodwill and protection against passing off, design rights, rights to confidential information, and any other intellectual property rights, whether registered or unregistered, including all applications (and rights to apply) for such rights, renewals, and extensions, as well as rights to claim priority from such rights, and all similar or equivalent rights and forms of protection that exist now or in the future anywhere in the world.

You hereby authorize Agent.Flipped.Chat and its third-party service providers to generate data, information, insights, statistics, and usage data related to our provision of the Agent.Flipped.Chat service and your use of the service and associated software, systems, programs, and technologies. We may use such Usage Data for any purpose in accordance with applicable laws and our Privacy Policy.

5.3 Third-Party Intellectual Property

The Agent.Flipped.Chat service may include intellectual property, including open-source software owned by third parties. Such third-party intellectual property may be licensed to you under separate or different terms and conditions ("Third-Party Terms"), which are not granted to you under these Terms of Service. Such Third-Party Terms will be made available to you, and you agree to comply with them, including any obligations to make payments directly to the relevant third party. Agent.Flipped.Chat is not responsible for such third-party intellectual property, and you acknowledge and agree that we are not liable for any losses, damages, costs, or expenses you may suffer or incur in connection with any third-party intellectual property or Third-Party Terms.

5.4 Feedback

Any questions, comments, suggestions, ideas, feedback, communication via email, or other information ("Submissions") you provide to us regarding the Agent.Flipped.Chat service will be considered non-confidential, and Agent.Flipped.Chat will have the right to use and disseminate such Submissions without restriction, for any purpose, whether commercial or otherwise, without acknowledgment, attribution, or compensation to you.

6. Term and Termination

We may immediately terminate or suspend your account for any reason without prior notice or liability, including but not limited to cases where you violate these terms and conditions.

Upon termination, your right to use the service will immediately cease. If you wish to terminate your account, you may simply stop using the service. This agreement will remain in full effect during your use of the service.

You may terminate your use of the service at any time. The company may terminate or suspend your access to the service or your membership at any time, for any reason, without prior warning, which may result in the forfeiture and destruction of all information associated with your account. If you violate any terms or conditions of this agreement, the company may also immediately terminate or suspend any and all access to the service and applications without prior notice or liability.

7. Disclaimer

7.1 Third-Party Websites

The Agent.Flipped.Chat service may contain links to other independent websites. Such independent websites are beyond our control, and we do not guarantee their continued availability. You acknowledge that we do not pre-screen or review any such third-party content and are not responsible for the content of these websites or third-party materials, including any errors or omissions, nor are we liable for any losses or damages of any kind resulting from the use of such content. Links to such external websites are provided without implying any endorsement or association with their operators or promoters.

7.2 Service Disclaimer

If you are a consumer, you are entitled to certain rights under the law, and nothing in these Terms of Service limits or deprives you of those rights. Where prohibited by law, we do not exclude or limit liability for losses or damages, including liability for death or personal injury caused by negligence on our part or that of our employees, agents, or subcontractors, or for fraud or fraudulent misrepresentation.

To the fullest extent permitted by applicable law, the Agent.Flipped.Chat service is provided "as is" and "as available," without any express or implied warranties or conditions, including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement. Specifically, Agent.Flipped.Chat does not warrant that the Agent.Flipped.Chat service:

• Will be provided without interruptions
• Will operate properly on any specific computer system or browser
• Will generate content that is always accurate, complete, reliable, secure, useful, or timely
• Has undergone comprehensive usability testing
• Is suitable for your or any third party's use
• Fully complies with all applicable laws or regulations

You understand and agree that the Agent.Flipped.Chat service may contain errors, defects, or misunderstanding issues, and you should ensure appropriate safety measures are in place. If your use of the Agent.Flipped.Chat service results in the need for repair or replacement of equipment or data, we are not responsible for such costs. You agree to use the Agent.Flipped.Chat service at your own risk.

To the fullest extent permitted by law, Agent.Flipped.Chat and its affiliates or partners are not liable for the truthfulness, accuracy, or completeness of any information provided through the Agent.Flipped.Chat service, nor for any errors, mistakes, or omissions, or for delays or interruptions in the flow of data or information for any reason.

We recommend that you do not overly rely on the functionality or performance of Agent.Flipped.Chat. You assume all risks and expenses associated with the use of the Agent.Flipped.Chat service. You agree that we are not responsible for any consequences that may arise from your use of the service, including technical issues related to internet connectivity (e.g., slow connections or traffic congestion) or any telecommunications or internet provider-related problems.

8. Indemnification

You agree to indemnify and hold harmless Agent.Flipped.Chat, its parent company, subsidiaries, affiliates, officers, and employees from any claims or demands (including but not limited to all damages, liabilities, settlements, costs, and attorney fees) arising from your access to or use of the Agent.Flipped.Chat service, your violation of this agreement, or any infringement of intellectual property or other rights of any individual or entity by you or any third party using your account.

9. Limitation of Liability

Notwithstanding anything to the contrary and to the fullest extent permitted by law, under no circumstances shall either party, its affiliates, or any licensors or suppliers of Agent.Flipped.Chat be liable for:

1. Any consequential, indirect, special, incidental, or punitive damages;
2. Any loss of profits, business, revenue, anticipated savings, or unnecessary expenses;
3. Any loss, damage, or interruption of data, networks, information systems, reputation, or goodwill;
4. The cost of procuring any substitute goods or services.

To the fullest extent permitted by law, the aggregate liability of Agent.Flipped.Chat and its affiliates under or in connection with this agreement, the software, and the services shall not exceed the total amount you actually paid to Agent.Flipped.Chat under this agreement in the three (3) months preceding the event giving rise to the liability (if any).

The above exclusions and limitations shall apply:

1. To the fullest extent permitted by applicable law;
2. Even if a party has been advised of, or should have been aware of, the possibility of such losses, damages, or costs;
3. Even if any remedy provided in this agreement fails of its essential purpose;
4. Regardless of the theory or basis of liability, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise.

10. Dispute Resolution and Legal Terms

10.1 Governing Law

These Terms of Service and your use of the Agent.Flipped.Chat service shall be governed by the applicable laws of your country or region (excluding its conflict of law rules). Your use of the Agent.Flipped.Chat application may also be subject to U.S. and other local, state, national, or international laws.

10.2 Dispute Resolution

If you have any concerns or disputes regarding the Agent.Flipped.Chat service, you agree to first attempt to resolve the dispute informally by contacting Agent.Flipped.Chat.

10.3 Specific User Terms

For European Union (EU) Users
If you are a consumer in the European Union, you will benefit from any mandatory provisions of the law of your country of residence.

U.S. Federal Government End-Use Provisions
If you are a U.S. federal government end user, our Agent.Flipped.Chat service constitutes a "commercial item" as defined in 48 C.F.R. §2.101.

U.S. Legal Compliance
You represent and warrant that: (i) You are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist-supporting" country; (ii) You are not listed on any U.S. government list of prohibited or restricted parties.

10.4 Severability and Waiver

Severability
If any provision of these terms is found to be unenforceable or invalid, that provision will be modified and interpreted to achieve the objectives of the provision to the greatest extent permitted under applicable law, and the remaining provisions will remain in full force and effect.

Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

11. Contact Us

If you have any questions about these terms and conditions, you can contact us via contact [email protected].