Terms of Use
Updated March 4, 2024
Effective March 4, 2024
Thank you for using an AI Personality!
These Terms of Use apply to your use of any AI Personality powered by Gambit Technology Inc.’s artificial intelligence personality software (the “Platform”) as well as any of Gambit Technology Inc.’s other services, associated software applications and web sites (all together with the Platform, the “Platform Services”). These Terms form an agreement between you and Gambit Technology Inc. (also referred to herein as the “Provider”, “we” and “us”), and they include our Service Terms and important provisions for resolving disputes. By using our Services, you agree to these Terms.
Our Privacy Policy explains how we deal with personal information. Although it does not form part of these Terms, it is an important document that you should read.
Acceptance of Terms
The Platform is an online information service offered and operated by the Provider and powered by OpenAI, which is a technology owned by Open AI LLC or its affiliates (“OpenAI”). The Platform Services are designed to be a resource for users, and a place for users to find information and gain value through life-like, conversational artificial intelligence interactions. Your use of the Platform Services and any other resources or materials is conditioned upon your continued acceptance of and compliance with our Terms of Use. Please take the time to familiarize yourself with these important Terms.
We may change these Terms of Use at any time. The changes will appear in these Terms of Use, and your use of the Platform Services after any changes have been posted will constitute your agreement to the modified Terms of Use. Therefore, you should read these Terms of Use each time you access the Platform Services, before you begin using them.
Human Contributors to AI Personalities
Certain AI Personalities offered through the Platform Services are designed in affiliation with real, natural persons (each, a “Human Contributor”) upon whose data, characteristics, responses, or other personal attributes the AI Personality model may be based, in whole or in part, including without limitation to emulate the personalities, knowledge and/or experience of such Human Contributors. Human Contributors may be referred to on or by the Platform Services, and the Platform Services may invite you to contact a Human Contributor and provide a means of doing so.
Notwithstanding the foregoing, you hereby acknowledge and agreed that no Human Contributor shall bear any liability, responsibility, or legal accountability for any statements, communications, outputs, or actions generated by the AI Personality or otherwise by the Platform Services. This limitation of liability applies irrespective of the nature of the content produced, including but not limited to any form of advice, opinions, expressions, or other statements made by the AI Personality or otherwise by the Platform Services, regardless of the context in which they are made. You understand and agree that the AI Personality and the Platform Services operate independently of any Human Contributor’s direct input or control, and as such, no Human Contributor may or can be held liable for any consequences, legal or otherwise, arising from the use or interpretation of the AI Personality’s or any other Platform Services’ output.
Without limiting the generality of the foregoing, all limitations of liability and responsibility set forth herein with respect to the Provider shall additionally apply with respect to all of our Human Contributors.
No Provision of Professional Advice, Including Medical, Legal or Financial Advice
The Platform Services are designed for engagement and informational purposes only, as a resource for users appropriate to the particular AI Personality(ies). The Platform Services may present purported facts, views, opinions and recommendations deemed of interest to such community(ies) of users, but we are not responsible for such content. You acknowledge and agree that these purported facts, views, opinions and recommendations are not a substitute for professional or other expert advice, including for example a doctor or other healthcare professional’s medical advice, diagnosis and treatment in the healthcare and mental health areas, a lawyer or other legal professional’s advice and guidance in the legal realm, or a financial advisor or other expert’s assistance with respect to financial matters.
We do not, and the Platform Services do not, review any information or content contained on, or distributed through the Platform Services and therefore does not endorse the accuracy or reliability of any such information or content. The Platform Services do not and are not intended to create any professional or other advisory relationship and is not a substitute for professional or other expert advice.
You acknowledge that we and the Platform Services are not in a position to assist those contemplating suicide or self-injury. If you are having thoughts of either, please seek immediate, professional assistance. You may call 911 (or, if not available, the comparable emergency number in your jurisdiction), call Suicide Crisis Helpline at 988 (or, if not available, the comparable emergency number in your jurisdiction) or visit a hospital emergency room.
Proprietary Rights and Limitations on Use
The Platform Services contain proprietary material which may include text, graphics, images, photos, audio, video, data, sound and software (“Platform Content“). All Platform Content is the property of the Provider, its licensors, partners and/or others, and is protected by local, national and international copyright and other intellectual property laws and treaties. Except as provided below, you agree not to copy, reproduce, modify, display, perform, publish, create derivative works from, or store any Platform Content from your use of those Platform Services.
The Platform Services and the Platform Content may be used by you only for your personal and non-commercial use. In using the Platform Services, you must comply with all applicable laws as well as any usage policies we may adopt from time to time, and any other documentation, guidelines, or policies that we make available to you. You may not use the Platform Services for illegal, harmful or abusive activity.
Without limiting the generality of the foregoing paragraph, you acknowledge and agree that you may not use the Platform Services to do any of the following:
- use the Platform Services in a way that infringes, misappropriates or violates anyone’s rights;
- modify, copy, lease, sell or distribute any of our Platform Services;
- attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of the Platform Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law);
- automatically or programmatically extract data or Output (as defined below);
- represent that Output was human-generated when it was not;
- interfere with or disrupt the Platform Services, including circumventing any rate limits or restrictions or bypassing any protective measures or safety mitigations associated with the Platform Services; or
- use Output to develop models that compete with the Platform Services, the Provider, or any of our affiliates, partners or licensors (including OpenAI).
Input and Output; Content
You may provide input in connection with your use of the Platform Services (“Input”) and receive output from the Platform Services based in part on the Input (“Output”). Input and Output are collectively “Content”.
Any information sent or received over the Internet is generally not secure. We do not and cannot guarantee the security or confidentiality of all communication to, from or in connection with the Platform Services. For more information please refer to our Privacy Policy.
You are responsible for all of your Input, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input. We do not wish to receive personal or confidential information, and you should not provide any Input that you consider personal, confidential or otherwise sensitive.
You are free to make use of any Output you receive in connection with your use of the Platform Services in any way you wish, subject to these Terms, any usage policies and applicable law. You acknowledge and understand that the Output is created by artificial intelligence and we do not make any promise or guarantee that the Output will be complete, accurate or fit for any particular purpose. Due to the nature of the Platform Services, artificial intelligence and machine learning, responses to any given Input may not be consistent, and Output based on the same Input may vary.
Without limiting the generality of the foregoing paragraph, when you use the Platform Services you acknowledge and agree:
- Output may not always be accurate. You should not rely on Output from the Platform Services as a sole source of truth or factual information, or as a substitute for professional or other expert advice.
- You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Platform Services.
- You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
- The Platform Services may provide incomplete, incorrect, or offensive Output that does not represent our views or those of our affiliates, partners or licensors (including OpenAI). If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated us or any of our affiliates, partners or licensors (including OpenAI).
We may use all Content (including your Input) to provide, maintain, develop, and improve the Platform Services and our other business and services, comply with applicable law, enforce our terms and policies, and keep our business and services safe. You hereby grant us an irrevocable, perpetual, worldwide, unlimited and royalty-free license to make use of all Content associated with your use of the Platform Services, including any copyright and moral rights you may have in any such Content.
Links to Third Party Sites
Through use of the Platform Services you may identify or be directed to applications and/or web sites operated by persons or entities to other than us, or to other third party resources.
Any direction from the Platform Services to these third party resources is solely for your convenience and does not imply or mean that we or the Platform endorses any content in that resource or the operators or the operations of that web site. We, and the Platform Services, do not review and specifically disclaims responsibility for materials posted or activities that occur on linked resources. You are solely responsible for determining the extent to which you use any content at any web sites or other resources to which you are directed, and you agree not to hold us responsible for the content or operation of such web sites or other resources.
If you wish to make purchases via a third-party application, web site or other resource you may be asked by the merchant or operator from whom you are making the purchase to supply certain information, including credit card, debit card, or other payment mechanism information. You agree not to hold us liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or operator from which you are making the purchase. You agree that all information you provide in connection with such purchase shall be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make. You are reminded that third party sites are separate from us and the Platform Services, subject to their own policies and terms, including privacy policies.
Registration and Access
Some Platform Services may be made available only to those who register. Registrants must be eighteen (18) years of age or older. You agree that any registration information you provide is accurate, complete and current, and you further agree to promptly update that information to keep it accurate, complete and current.
If your access to the Platform Services requires a user ID and password, you will be solely responsible for maintaining the confidentiality of your user ID and password, and will be responsible for all activities that occur using your user ID and password, whether or not expressly authorized by you.
If you create an account or otherwise use any Platform Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf. We will not be responsible for any damages resulting from the unauthorized use of the Platform Services, or of your user ID or password. You agree to notify us immediately of any such unauthorized use or any other breach of security.
Feedback
We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.
Termination and Suspension
You are free to stop using the Platform Services at any time. We reserve the right to suspend or terminate your access the Platform Services (or delete your account, if applicable) at any time if we determine: you breached these Terms or any usage policy we adopt from time to time; your use of the Platform Services could cause risk or harm the Platform, our users, or anyone else; or it is advisable for us to do so to comply with the law. If you believe we have suspended or terminated your access in error, please contact us at: AI@gambitco.io.
Discontinuance of Services
We reserve the right to discontinue the Platform Services at any time and without notice.
Use of OpenAI
The Platform Services are powered by OpenAI. Due to the nature of machine learning OpenAI may make improvements or other changes to its Platforms from time to time in its sole discretion, with or without notice to us. The Platform Services are bound by the terms of use set out by OpenAI, which may be subject to change.
Disclaimer of Warranties and Limitation of Liability
The Provider does not endorse, and specifically disclaims any responsibility or liability for any opinion, statement, information or material displayed or distributed through the Platform Services, whether a topic is first selected by the Platform Services or a user. You acknowledge that by using the Platform Services you may be exposed to information that is inaccurate or unreliable or material you find objectionable, and in this respect your use of the Platform Services and your reliance upon any such information or material is at your own risk.
DUE TO THE NUMBER OF SOURCES FROM WHICH THE CONTENT IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, ERRORS, OMISSIONS, OR INACCURACIES IN SUCH CONTENT. THE PLATFORM SERVICES AND THE CONTENT ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES. USE OF OR RELIANCE ON THE CONTENT ASSOCIATED WITH THE PLATFORM SERVICES IS AT THE USER’S OWN RISK. THE PROVIDER AND ITS AFFILIATES, PARTNERS, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE PLATFORM SERVICES, OR OF THE PLATFORM SERVICES THEMSELVES, AND THE PROVIDER HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES.
Governing Law and Dispute Resolution
Governing Law. These Terms are governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict of laws principles.
Informal Dispute Resolution. We would like to understand and try to address any concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve any dispute informally. You agree to do so by sending us notice at this address: AI@gambitco.io. We will do so by sending you notice to the email address associated with your account (or that you provide to us through the Contact Form). If we are unable to resolve a dispute within 60 days, either of us has the right to seek recourse through formal means. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.
Mandatory Arbitration. You and we both agree that to resolve any claims arising out of or relating to these Terms or the Platform Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration. If we are unable to resolve the Dispute through the informal process referred to above, either of us may commence arbitration with the Canadian Arbitration Association (“CAA”) under its Expedited Arbitration Rules. You and we both agree that the CAA Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration Procedures. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario). To the extent possible and permitted by such Act, the arbitration will be conducted by videoconference; if a hearing must be conducted in person, the location will be Kitchener, Ontario, Canada. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or a lawyer licensed to practice law in the Province of Ontario. The arbitrator will have exclusive authority to resolve any Dispute, except the courts of the Province of Ontario will have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.
Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Platform Services or intellectual property infringement or misappropriation.
Class and Jury Trial Waivers. You and we agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and we knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.