Laws | | 8 minutes read
User Agreement on the use of IQBID.AI
This document is an official offer of Individual entrepreneur Oleg Bespalov Identification Number: 345715014, Georgia (hereinafter the "Company") to conclude a user agreement (hereinafter the "Agreement") with you (hereinafter the "Customer") on the provision of services using the service "IQBID.AI" (hereinafter the "Service"), on the terms set forth in this Agreement, available on the Internet at: https://iqbid.ai/en.
1. Subject of the agreement, the terms of access to the Service
1.1 Under the terms of this Agreement the Company provides the Customer with the Service, which allows the Customer to create content at their request, and the Customer undertakes to pay for the Company's services 24 hours a day, subject to availability of an Internet connection.
1.2 A condition for using the Service is the User's full and unconditional acceptance of the provisions of this Agreement.
1.3 By each access and/or actual use of the Service, the Customer agrees to the provisions of this Agreement.
1.4 This Agreement may be amended by the Company at any time without any prior notice to the Customer. Any such changes come into force on the day following the day of publication of such changes on the Website. The Customer shall independently check the Agreement for changes. The Customer has the right to refuse to accept amendments and additions to the Agreement, which means the refusal of the Customer to use the Service.
2. Functionality of the Service, the order of use of the Service
2.1 The Customer may use the Service in any way permitted by the functional capabilities of the Service, with the exception of the ways, this Agreement, as well as the applicable law.
2.2 The Service is offered "as is". The Company makes no warranty regarding the Service, including any warranty that the Service will be publicly available, uninterrupted or error-free, or that the content will be secure or will not be lost or damaged, or that the content will be completely or partially satisfactory to Customer. Except to the extent prohibited by law, Company expressly disclaims all warranties regarding the Service, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement.
2.3 IQBID may use third party contractors to review Content for security and moderation purposes.
2.4 You may provide input data to the Service ("Input") and receive output data generated and returned by the Service based on the Input data ("Output"). The Input Data and the Output Data collectively constitute the "Content". As between the parties and to the extent permitted by applicable law, you are the owner of all Input Data. Subject to your compliance with these Terms, you may use the Content for any purpose, including commercial purposes such as sale or publication, so long as you comply with these Terms.
2.5 Because of the nature of machine learning, output may not be unique to users, and Services may generate the same or similar output for IQBID or a third party. For example, you might provide input to a model such as "What color is the grass?" and receive output such as "The grass is green." Other users can also ask similar questions and get the same answer. Responses that are prompted and generated for other users are not considered your Content.
2.6 Any third-party software, services or other products that you use in connection with the Service are governed by their own terms, and the Company is not responsible for third-party products.
2.7 Artificial Intelligence and machine learning are rapidly evolving fields of learning. We are constantly working to improve our Services to make them more accurate, reliable, secure, and useful. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect "Data Output" that does not accurately reflect real people, places or facts. You should evaluate the accuracy of any Output according to your use case, including human review of the Output.
3 The Customer's obligations when using the Service
3.1 The Customer undertakes:
Ensure the confidentiality of his login and password for access to his account on the Service, not to allow third parties to use his Personal account;
Provide the Service accurate registration data;
Refrain from using rude or obscene language when communicating with the employees of the Service.
Not to create content that violates the rights of third parties; that incites hatred; of a sexual nature (nudity, sexual acts, sexual services or content that is otherwise intended to arouse sexual arousal); of a political nature; that is related to the use of drugs and other illegal substances; obscene gestures.
3.2 The Customer represents and warrants that it will use the Service in compliance with all applicable laws and regulations. The Customer is responsible for determining whether the use of the Service complies with the regulations of the country that regulates the activities of the Customer.
4. Rights and obligations of the Company, limitation of liability of the Company
4.1 The Company undertakes:
provide the Customer with the necessary functionality to create the content;
provide permanent access to the service with the login and password chosen by the Customer;
To inform the user about the changes of tariffs by publishing the information on the website.
4.2 The company has the right unilaterally without prior notification of the Customer:
make changes in the interface and functionality of the Service at its own discretion,
change the Tariffs,
Make changes in the terms of this Agreement.
4.3 The Company has the right to block the Customer's access to the Personal profile and also has the right to transfer the Customer's data, received while providing the Service, to a third party in the following cases
If a regulatory act imposes an obligation on the Company to take such actions;
If the Company has received a claim, complaint, inquiry, demand or any other statement from a third party, from which it follows that the use of the Service has led to a violation of the rights of a third party or a violation of applicable law;
If the use of the Service by the Customer poses a threat to the normal operation of the Service or a threat to the business reputation of the Company;
If the Company has received a judicial act or an act of a law enforcement agency which obliges the Company to perform such actions.
4.4 The Company shall not be liable for the actions of the Customer which were performed as a result of misunderstanding or mistaken understanding of the terms of this Agreement.
4.5 As far as it is allowed by the applicable law, the Company provides the Service on the principle "as it is". This means that the Company makes no warranties of any kind, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose of the Service.
4.6 The Company shall not be liable for any kind of damages resulting from the use or inability to use the Service or any of its parts/functions by the Customer, including possible errors or malfunctions, except as expressly provided by law.
5. Cost of the Service
5.1 The use of the Service is paid (except for the trial period).
5.2 Payment for content generation services with the help of neuromodels-II is made in AI-tokens (IQBID tokens). Each neuromodemodel consumes a different number of tokens. The cost of IQBID tokens consumption is set by the Company and brought to the User's notice. The cost of using neuromodels is available on the page: https://iqbid.ai/page/model-cost.
5.3 For the extended functionality of the service the Company establishes additional payment, which is purchased by the User in the form of a subscription. Tariff plans and their cost are available on the page: https://iqbid.ai/en/plan
6. Payment for the Service
6.1 Payment for the Company's services is made on prepayment terms using various payment systems with the possibility to choose the volume or period of use.
6.2 Payment for services is made for the actual use of computing power of neuromodels for content generation, as well as the use of the extended functionality of the Service.
6.3 If this Agreement is terminated prematurely due to the User's violation of the terms of this Agreement, the cost of the services paid by the User shall be withheld by the Company as a penalty.
6.4 The Services of the Service consist in providing the Users with a technical opportunity to generate content using artificial intelligence (AI) neuromodels. At the moment when such technical possibility is provided, the Service shall be deemed to be rendered by the Company. No refunds will be made if the Service is canceled after it has been rendered.
Also, the money is not refunded because the content created with the help of AI neuromodels does not meet the User's taste or expectations.
7.1 The present Agreement can be modified by the Company without any preliminary notification. Any alterations in the Agreement made by the Company unilaterally come into effect on the day following the date of publishing of such alterations on the Internet site https://iqbid.ai/en/. The Customer undertakes to independently check the Agreement for changes. Customer's failure to take actions to familiarize with the Agreement and/or the amended version of the Agreement cannot serve as a basis for non-performance by the Customer of its obligations and non-compliance of the Customer with limitations established by the Agreement.
7.2 Invalidity of one or several provisions of the Agreement, recognized in accordance with the established procedure by a valid court decision, does not entail invalidity of the Agreement as a whole for the Parties. In case of invalidation of one or more provisions of the Agreement in accordance with the established procedure, the Parties undertake to perform their obligations under the Agreement as close as possible to those implied by the Parties when entering into and/or amending the Agreement.
7.3 This Agreement and relations between the Parties in connection with this Agreement and use of the Service shall be governed by the laws of the Georgia.
7.4 All disputes between the parties under this Agreement shall be resolved by correspondence and negotiation using the mandatory pre-trial (complaint) procedure. If the parties cannot reach agreement by negotiation within sixty (60) calendar days of receipt by the other Party of a written claim, consideration of the dispute shall be referred by any interested Party to the court of general jurisdiction at the location of the Company (except for the jurisdiction of any other courts).