These Terms of Use (“Terms”) govern your use of the AIstein platform, API, Console, and other products and services that we may offer for businesses and organizations (together, our “Services”). These Terms are a contract between your company or organization (referred to as “Client” or “You”) and AIstein Technologies, Inc. ("AIstein") (and not our Providers), and they include our Acceptable Use Policy. By accessing our Services, the Client agrees to these Terms.
Please read our Privacy and Data Security Policy, which describes how we handle Client Data and personal information.
Who we are.
AIstein is an AI company dedicated to building reliable, secure, and steerable Enterprise AI solutions. We conduct frontier research, develop and apply a variety of safety techniques, and deploy the resulting systems via a set of partnerships and products optimized for business use.
Account creation and access.
Minimum Age and Authority.
You must be at least 18 years old and possess the legal authority to bind the Client (your company or organization) to these Terms.
Your AIstein Account.
To access our Services, we may ask you to create an Account. You agree to provide correct, current, and complete Account information and allow us to use it to communicate with the Client about our Services. Our communications to the Client using its Account information will satisfy any requirements for legal notices.
The Client is responsible for maintaining the confidentiality and security of its Account login information, API keys, and Account credentials. The Client must not share these credentials with unauthorized third parties. The Client is responsible for all activity occurring under its Account, and it agrees to notify us immediately if it becomes aware of any unauthorized access to its Account by sending an email to support@aistein.ai.
The Client may close its Account at any time by contacting us at support@aistein.ai.
Business Domains and Users.
If individual users access the Services on behalf of the Client, those users are subject to these Terms. The Client is responsible for ensuring all its users comply with these Terms. The Client acknowledges that an administrator may be able to monitor and control user Accounts, including having access to Materials (defined below).
Evaluation and Additional Services.
In some cases, we may permit the Client to evaluate our Services for a limited time or with limited functionality. Use of our Services for evaluation purposes is for the Client's internal business use only.
The Client may need to accept additional terms to use certain Services. These additional terms will supplement our Terms for those Services and may change the Client’s rights or obligations for those Services, including its obligations to pay fees.
Use of our Services.
The Client may access and use our Services only in compliance with our Terms, including our Acceptable Use Policy, the policy governing the countries and regions AIstein currently supports ("Supported Regions Policy"), and any guidelines or supplemental terms we may post on the Services (the “Permitted Use”). The Client is responsible for all activity under the account through which it accesses the Services.
The Client may not access or use, or help another person or entity to access or use, our Services in the following ways:
In any manner that violates any applicable law or regulation—including, without limitation, any laws about exporting data or software to and from the United States or other countries, or laws related to data privacy and intellectual property.
To develop any products or services that directly compete with our Services, including to develop or train any artificial intelligence or machine learning algorithms or models or resell the core Services without explicit written authorization.
To decompile, reverse engineer, disassemble, or otherwise reduce our Services to human-readable form, except when these restrictions are prohibited by applicable law.
To crawl, scrape, or otherwise harvest data or information from our Services other than as permitted under these Terms.
To use our Services, the Materials, or the Actions to obtain unauthorized access to any system or information, or to deceive any person.
To infringe, misappropriate, or violate intellectual property or other legal rights (including the rights of publicity or privacy) of any third party.
Except when the Client is accessing our Services via an AIstein API Key or where we otherwise explicitly permit it, to access the Services through automated or non-human means, whether through a bot, script, or otherwise.
To engage in any other conduct that restricts or inhibits any person from using or enjoying our Services, or that we reasonably believe exposes us—or any of our users, affiliates, or any other third party—to any liability, damages, or detriment of any type, including reputational harms.
To rely upon the Services, the Materials, or the Actions to buy or sell securities or to provide or receive advice about securities, commodities, derivatives, or other financial products or services, as AIstein is not a broker-dealer or a registered investment adviser under the securities laws of the United States or any other jurisdiction.
The Client also must not abuse, harm, interfere with, or disrupt our Services, including, for example, introducing viruses or malware, spamming or DDoSing Services, or bypassing any of our systems or protective measures.
Inputs, Outputs, Actions, and Materials.
Generally.
The Client may be allowed to interact with our Services in a variety of formats (we call these “Inputs”). Our Services may generate responses (we call these “Outputs”), or enable the Services to take actions on the Client's behalf, such as software manipulation, data processing, and system interactions (we call these "Actions"), based on the Client's Inputs. Inputs and Outputs collectively are “Materials.”
Rights and Responsibilities.
The Client is responsible for all Inputs it submits to our Services and all Actions taken via its Account. By submitting Inputs to our Services, the Client represents and warrants that it has all rights, licenses, and permissions that are necessary for us to process the Inputs under our Terms and to provide the Services to the Client, including for example, to integrate with third-party services, to share Materials with others at the Client's direction, and to take Actions. The Client also represents and warrants that its submitting Inputs to us or directing the AI to take Actions will not violate our Terms, our Acceptable Use Policy, or any laws or regulations applicable to those Inputs or Actions. As between the Client and AIstein, and to the extent permitted by applicable law, the Client retains any right, title, and interest that it has in the Inputs it submits. Subject to the Client's compliance with our Terms, we assign to the Client all of our right, title, and interest—if any—in Outputs.
Reliance on Outputs and Actions.
Artificial intelligence and large language models are frontier technologies that are still improving in accuracy, reliability and safety. When the Client uses our Services, it acknowledges and agrees:
Outputs may not always be accurate and may contain material inaccuracies even if they appear accurate because of their level of detail or specificity.
Actions may not be error free or operate as intended.
The Client should not rely on any Outputs or Actions without independently confirming their accuracy, especially for critical business decisions.
The Services and any Outputs may not reflect correct, current, or complete information.
Outputs may contain content that is inconsistent with AIstein’s views.
Our use of Materials.
We may use Materials to provide, maintain, and improve the Services and to develop other products and services, including training our models, unless the Client has an executed commercial agreement with AIstein that explicitly prohibits such use or the Client opts out of training through its account settings. Even if the Client opts out, we will use Materials for model training when: (1) the Client provides Feedback to us regarding any Materials, or (2) the Client's Materials are flagged for safety review to improve our ability to detect harmful content, enforce our policies, or advance our safety research.
Feedback
We appreciate feedback, including ideas and suggestions for improvement or rating an Output in response to an Input (“Feedback”). If the Client rates an Output in response to an Input—for example, by using the thumbs up/thumbs down icon—we will store the related conversation as part of the Client's Feedback. The Client has no obligation to give us Feedback, but if it does, the Client agrees that we may use the Feedback however we choose without any obligation or other payment to the Client.
Subscriptions, fees and payment.
The Client will be required to pay us fees to access or use our Services or certain features of our Services. The Client is responsible for paying any applicable fees listed for the Services on the Service Pricing Page or as otherwise communicated to the Client by AIstein in writing via a commercial agreement.
If the Client purchases access to our Services or features of our Services, it must provide complete and accurate billing information (“Payment Method”). The Client agrees that we may charge the Payment Method for any applicable fees listed on our Services and any applicable tax. If the fees for these Services or features are specified to be recurring or based on usage, the Client agrees that we may charge these fees and applicable taxes to the Payment Method on a periodic basis.
If the Client purchases access to our Services through a distributor (e.g. an authorized reseller) (“App Distributor”), then the Client will make payment to the App Distributor, and the App Distributor’s terms in relation to payment methods, billing, and refunds will apply instead of these Terms.
Except as expressly provided in these Terms or where required by law, all payments are non-refundable. Please check the order carefully before confirming it, and see below for additional information about recurring charges for our subscriptions.
Additional fees.
We may increase fees for our Services. If we charge additional fees in connection with our Services, we will give the Client an opportunity to review and accept the additional fees before it is charged. Also, additional fees may apply for additional Services or features of the Services that we may make available. If the Client does not accept any such additional fees, we may discontinue its access to the Services or features.
The Client agrees that we will not be held liable for any errors caused by third-party payment processors used to process fees paid by the Client to us.
Subscriptions.
To access AIstein Professional and other subscription services we may make available to companies, the Client must sign up for a subscription with us (a “Subscription”), first by creating an Account, and then following the subscription procedure on our Services or by executing a separate agreement. When the Client signs up for a Subscription, it agrees to these Terms.
Subscription content, features, and services.
The content, features, and other services provided as part of the Client's Subscription, and the duration of the Client's Subscription, will be described in the order process or executed agreement. We may change the content, features, and other services from time to time, and we do not guarantee that any particular piece of content, feature, or other service will always be available through the Services.
Subscription term and automatic renewal.
If the Client signs up for a paid Subscription, we or the App Distributor will automatically charge the Client's Payment Method on each agreed-upon periodic renewal date until the Client cancels. If the Client's Subscription has a minimum term (the “Initial Term”), we will let the Client know during the order process. The Client's Subscription will last for the Initial Term and will automatically renew, and the Client's Payment Method will be charged, at the end of the Initial Term for an additional term equal in duration to the Initial Term and will continue to renew and incur charges for additional terms equal in duration to the Initial Term (each such additional term, a “Renewal Term”) until the Client cancels.
Subscription cancellation.
If the Client subscribed via our website, it may cancel its Subscription for any reason by using a method we may provide to the Client through our products—for example, in the Client's customer portal—or by notifying us at support@aistein.ai. If the Client subscribed via an App Distributor, it’ll need to cancel via the App Distributor according to the App Distributor’s terms. To avoid renewal and charges for the next Renewal Term, the Client must cancel its subscription at least thirty (30) days before the last day of the Initial Term or any Renewal Term. In the event of a cancellation, the Client's fees will not be refunded, but its access to the Services will continue through the end of the Initial Term or any Renewal Term for which it previously paid fees.
Third-party services and links
Our Services may use or be used in connection with third-party content ("Third-Party Content"), services, or integrations. We do not control or accept responsibility for any loss or damage that may arise from the Client's use of any Third-Party Content, services, and integrations, for which we make no representations or warranties. The Client's use of any Third-Party Content, services, and integrations is at its own risk and subject to any terms, conditions, or policies (including privacy policies) applicable to such third-party content, services, and integrations.
Content Moderation
Third-Party Content is the responsibility of the person or entity that provides it to our Services. AIstein is under no obligation to host or serve Third-Party Content. Third-Party Content may appear in Inputs or Outputs and become part of Materials. If the Client sees any Third-Party Content it believes does not comply with these Terms, including by violating the Acceptable Use Policy or the law, the Client can report it to us.
If we become aware that any Third-Party Content (1) infringes another’s copyright or any other intellectual property or related or neighboring right, (2) is in breach of these Terms or our Acceptable Use Policy, or (3) may cause harm to AIstein, our users, or third parties, we reserve the right to remove or take down some or all of such Third-Party Content using, where appropriate, algorithmic and human review.
The Client can learn more about our monitoring and enforcement, including how to appeal an account suspension or termination, in our T&S Support Center.
Ownership of the Services
The Services are owned, operated, and provided by us and our affiliates, licensors, distributors, and service providers (collectively “Providers”). We and our Providers retain all of our respective rights, title, and interest, including intellectual property rights, in and to the Services. Other than the rights of access and use expressly granted in our Terms, our Terms do not grant the Client any right, title, or interest in or to our Services.
Disclaimer of warranties, limitations of liability, and indemnity
THE CLIENT'S USE OF THE SERVICES, MATERIALS, AND ACTIONS IS SOLELY AT ITS OWN RISK. THE SERVICES, OUTPUTS, AND ACTIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE AND OUR PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, PRIVACY, COMPATIBILITY, NON-INFRINGEMENT, AND ANY WARRANTY IMPLIED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE, OUR PROVIDERS, OR OUR OR THEIR RESPECTIVE AFFILIATES, INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “AISTEIN PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, THE MATERIALS, THE ACTIONS, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF ANY AISTEIN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, AND EVEN IF THE DAMAGES ARE FORESEEABLE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE AISTEIN PARTIES’ TOTAL AGGREGATE LIABILITY TO THE CLIENT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, THE MATERIALS, THE ACTIONS, OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF THE AMOUNT THE CLIENT PAID TO US FOR ACCESS TO OR USE OF THE SERVICES (IF ANY) IN THE SIX MONTHS PRECEDING THE DATE SUCH DAMAGES, LOSSES, AND CAUSES OF ACTION FIRST AROSE, AND $1,000. THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THESE TERMS, AND WE WOULD NOT OFFER THE SERVICES TO THE CLIENT UNDER THESE TERMS WITHOUT THESE LIMITATIONS.
THE CLIENT AGREES TO INDEMNIFY AND HOLD HARMLESS THE AISTEIN PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR RELATED TO THE CLIENT'S BREACH OR ALLEGED BREACH OF THESE TERMS; THE CLIENT'S ACCESS TO, USE OF, OR ALLEGED USE OF THE SERVICES, THE MATERIALS, OR THE ACTIONS; THE CLIENT'S FEEDBACK; ANY PRODUCTS OR SERVICES THAT THE CLIENT DEVELOPS, OFFERS, OR OTHERWISE MAKES AVAILABLE USING OR OTHERWISE IN CONNECTION WITH THE SERVICES; THE CLIENT'S VIOLATION OF APPLICABLE LAW OR ANY THIRD-PARTY RIGHT; AND ANY ACTUAL OR ALLEGED FRAUD, INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, OR CRIMINAL ACTS COMMITTED BY THE CLIENT OR ITS EMPLOYEES OR AGENTS. WE RESERVE THE RIGHT TO ENGAGE SEPARATE COUNSEL AND PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY THE CLIENT HEREUNDER, IN WHICH CASE THE CLIENT AGREES TO COOPERATE WITH US AND SUCH SEPARATE COUNSEL AS WE REASONABLY REQUEST.
THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS MAY NOT APPLY TO THE CLIENT.
OUR PROVIDERS ARE INTENDED THIRD PARTY BENEFICIARIES OF THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 11.
General terms
Our Services are novel and will change. We may sometimes add or remove features, increase or decrease capacity limits, offer new Services, or stop offering certain Services.
Unless we specifically agree otherwise in a separate agreement with the Client, we reserve the right to modify, suspend, or discontinue the Services or the Client's access to the Services, in whole or in part, at any time without notice to the Client. Although we will strive to provide the Client with reasonable advance notice if we stop offering a Service, there may be urgent situations—such as preventing abuse, responding to legal requirements, or addressing security and operability issues—where providing advance notice is not feasible. We will not be liable for any change to or any suspension or discontinuation of the Services or the Client's access to them.
Changes to these terms.
We may revise and update these Terms at our discretion. Some examples of times we may update these Terms include (1) to reflect changes in our Services, like when we add or remove features or services, or update our pricing, (2) for security or legal reasons, or (3) to promote safety or prevent abuse. If the Client continues to access the Services after we post the updated Terms on AIstein’s website or otherwise give the Client notice of Terms changes, then the Client agrees to the updated Terms. If the Client does not accept the updated Terms, the Client must stop using our Services.
Supplemental terms.
We may offer Services or features that we believe require service-specific terms or guidelines. When using our Services, the Client agrees to comply with any applicable guidelines, rules, or supplemental terms that may be posted on the Services from time to time (“Supplemental Terms”). If these Terms conflict with Supplemental Terms, the Supplemental Terms will govern for the applicable Service.
Termination.
The Client may stop accessing the Services at any time. We may suspend or terminate the Client's access to the Services (including any Subscriptions) at any time without notice to the Client if we believe that the Client has breached these Terms, or if we must do so in order to comply with law. If we terminate the Client's access to the Services due to a violation of these Terms and the Client has a Subscription, the Client will not be entitled to any refund. In addition, if the Client has a Subscription, we may terminate the Subscription at any time for any other reason. If we exercise this right and the Client purchased the subscription via our website, we will refund the Client, on a pro rata basis, the fees it paid for the remaining portion of its Subscription after termination. Any refunds for Subscriptions purchased via an App Distributor are subject to the App Distributor’s terms and not these terms.
We may also terminate the Client's Account if it has been inactive for over a year and does not have a paid Account. If we terminate the Client's Account due to inactivity, we will provide the Client with notice before doing so.
Upon termination of these Terms, a Subscription, or the Client's access to the Services, we may at our option delete any Materials or other data associated with the Client's Account. Sections 6 (with respect to fees outstanding as of such expiration or termination) and 9 – 12 will survive any expiration or termination of our Terms or a Subscription.
Severability.
If a particular Term or portion of these Terms is not valid or enforceable, this will have no effect on any other Terms.
No waiver.
Any delay or failure on our part to enforce a provision of these Terms is not a waiver of our right to enforce them later.
No assignment.
These Terms may not be transferred or assigned by the Client without our prior written consent, but may be assigned by us without restriction.
Use of our brand.
The Client may not export or provide access to the Services into any U.S. embargoed countries or to anyone on (i) the U.S. Treasury Department’s list of Specially Designated Nationals, (ii) any other restricted party lists identified by the Office of Foreign Asset Control, (iii) the U.S. Department of Commerce Denied Persons List or Entity List, or (iv) any other restricted party lists. The Client represents and warrants that it and anyone accessing or using the Services on its behalf, or using its Account credentials, are not such persons or entities and are not located in any such country.
Legal Compliance.
We may comply with governmental, court, and law enforcement requests or requirements relating to provision or use of the Services, or to information provided to or collected under our Terms. We reserve the right, at our sole discretion, to report information from or about the Client, including but not limited to Inputs, Outputs, or Actions to law enforcement.
U.S. Government Use.
The Services were developed solely at private expense and are commercial computer software and commercial computer software documentation within the meaning of the applicable Federal Acquisition Regulations and their agency supplements. Accordingly, U.S. Government users of the Services will have only those rights that are granted to all other end users of the Services pursuant to these Terms.
In case of disputes
Equitable relief.
The Client agrees that (a) no adequate remedy exists at law if the Client breaches Section 3 (Use of Our Services); (b) it would be difficult to determine the damages resulting from such breach, and any such breach would cause irreparable harm; and (c) a grant of injunctive relief provides the best remedy for any such breach. The Client waives any opposition to such injunctive relief, as well as any demand that we prove actual damage or post a bond or other security in connection with such injunctive relief.
Governing law and exclusive jurisdiction.
Our Terms will be governed by, and construed and interpreted in accordance with, the laws of the State of Delaware without giving effect to conflict of law principles. The Client and AIstein agree that any disputes arising out of or relating to these Terms will be resolved exclusively in the state or federal courts located in Wilmington, Delaware, and the Client and AIstein submit to the personal and exclusive jurisdiction of those courts. By accessing our Services, the Client waives any claims that may arise under the laws of other jurisdictions.
THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS MAY NOT APPLY TO THE CLIENT.
OUR PROVIDERS ARE INTENDED THIRD PARTY BENEFICIARIES OF THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 11.
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