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About these Terms of Service

  • Who we are. We are PolyAI. Under these Terms, “PolyAI”, “we”, “us” and “our” refers to PolyAI Technologies, Inc., including our affiliates.

  • About you and us. Under these Terms, “you” and “your” means you as the User of our Services. Together, you and we will be the “parties”.

  • About Jupiter. We have created a platform (“Jupiter”) on a website which we own and operate, to allow users to build and test their own voice assistants (a “Beta Virtual Agent”) solely for development and demo purposes (the “Agreed Use”). The facilitation of Jupiter for the Agreed Use and any related product testing resources will be referred to as our “Services” under these Terms.

  • How these Terms work. These terms of service set out the terms on which you can use our Services (the “Terms”). You will become legally bound by these Terms when you begin using the Services and become a “User”. If you disagree with any part of the Terms, then you do not have permission to access the Services. If you are accessing or using the Services on behalf of another entity, then that entity is legally and financially responsible for your access to and use of the Services, as well as for the use of your account by others affiliated with or associated with that entity.

  • Changes to these Terms. We may update these Terms at any time and for any reason. We will aim to inform you of any significant changes in advance, however by continuing to use the Services, you agree to any updated Terms. If you do not agree to the updated Terms, you should stop using the Services immediately.

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Account Access

  • Your obligations. We may provide you with a User account and related login details, or we may request that you create an account to access and use the Services. In both cases, you warrant that you:

    • are authorised to create an account and use the Services if you are acting on behalf of another entity;

    • are over 18 years old;

    • will keep your login details secure and prevent them from being misused by any other person;

    • will use best efforts to prevent unauthorised access to your account;

    • will notify us immediately if you believe there has been any unauthorised access of your account; and

    • will promptly update information you provide us to make sure it is accurate, up-to-date and complete.

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Using the Services

  • Credits and payment. Once you register for and create your User account,

    • your account will automatically be credited with an initial free balance equal to US$20 (twenty united states dollars) the “Credits”);

    • If you use up your Credits, you may purchase more by emailing purchase@poly-ai.com. If we make changes to this process, we will provide you with notice of any such changes.

We may monitor and investigate your access to or use of the Services, however we are not required to do so.

  • Your warranties. You represent and warrant that:

    • you will use the Services in accordance with all applicable laws, the Agreed Use and other obligations and restrictions set out in these Terms; and

    • your use of the Services and creation of Beta Virtual Agents will not infringe the intellectual property rights of any third party.

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Our disclaimer

  • Disclaimer. You agree that Jupiter is incomplete in its development and has not been commercially released for sale by us. This means that it may not be fully functional or reliable, and may contain errors, design flaws or other problems, which may adversely impact the operation of your existing products, services, systems and/or equipment and may result in unexpected results, loss of data, electrical failures or other unpredictable damage or loss to you.

  • Services are as-is. The Services are provided on an “as-is” and “as available” basis, and your use of the Services is at your sole risk. The Services are provided without warranties of any kind, whether express or implied, including (but not limited to) warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, we do not warrant that:

    • the Services will function uninterrupted, will be secure or will be available at any particular time or location;

    • any errors or defects will be corrected;

    • the Services are free of viruses or other harmful components; or

    • the results of using the Services will meet your requirements.

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Intellectual property

  • Our IP. We own, and will continue to own, all rights, title and interests to our intellectual property. This includes, but is not limited to,:

    • Jupiter and all related underlying and proprietary technology and any new or amended versions developed from time to time;

    • project templates such as intents, tutorials, instructions, descriptions or other documentation we provide you which are related to the Services (“Documentation”);

    • Beta Virtual Agents, including the additions, modifications or other similar actions you take based on our Documentation in order to create a Beta Virtual Agent via Jupiter, including any voice(s) you select for your Beta Virtual Agent (the “Voice”). We reserve the right to change or replace the Voice at our discretion at any time. For the avoidance of doubt, you acknowledge and agree, that use of Jupiter does not ;

    • all anonymised statistics and data on your use of the Services, which we may use to improve our Services;

    • any feedback, comments or suggestions you provide us in relation to the Services and Beta Virtual Agents, which we may use and disclose in any manner and for any purpose without further notice or compensation to you; and

    • our name, logos, trademarks, website and other intellectual property materials associated with our brand and business.

These licences are only valid for as long as these Terms remain in effect.

  • Your IP. You represent and warrant that you own or have a licence to use the information you upload to the Services (“Your Information”), and that you have all necessary rights and consents to use Your Information for the Services. During the Term, you grant us a non-exclusive, transferable, sublicensable, irrevocable, royalty-free, limited licence to use Your Information as may be required to provide the Services to you.

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Confidentiality

  • Definition. “Confidential Information” means all sensitive and proprietary information relating to a party in any media or form, that is marked as confidential or would reasonably be considered as confidential due to the circumstances in which it is shared. This includes information relating to customers and suppliers, employees and officers, products and services, know-how and these Terms.

  • Mutual obligations. You and we agree to:

    • maintain the confidentiality of the other party’s Confidential Information using the same degree of care used to protect its own Confidential Information;

    • not disclose, copy or modify Confidential Information without the owner’s prior written consent unless it is necessary to fulfil obligations under these Terms or to comply with applicable laws or regulations, provided that the owner of Confidential Information has been notified before any disclosure has been made (if legally permissible);

    • only disclose the other party’s Confidential Information to employees, affiliates and professional advisers on a “need-to-know” basis who are bound in writing to confidentiality obligations substantially similar to these;

    • promptly notify the owner upon becoming aware of any unauthorised use, disclosure, theft or loss of their Confidential Information; and

    • upon written request from the owner, promptly return or destroy the owner’s Confidential Information and any copies in the receiving party’s possession. This obligation will not apply to Confidential Information a party is required to keep in order to comply with applicable laws and regulations, or to Confidential Information held securely in archival systems.

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Liability & indemnity

  • Exclusions. Neither party’s liability is excluded or limited where it would be unlawful to do so (for example, fraud, death or personal injury caused by your or our negligence). We will not be liable for certain types of losses, including indirect, special or consequential losses; errors with or loss of data; or loss of business, goodwill, revenues or profits.

  • Limitation of liability. Our total liability under these Terms will not exceed US $100 (one hundred united states dollars).

  • Indemnity. You will defend, indemnify and hold harmless us and our affiliates against all liabilities, losses, damages, claims and expenses arising out of or related to:

    • third party intellectual property infringement claims arising from your use of the Services and creation of Beta Virtual Agents;

    • your breach of any of your warranties under these Terms;

    • your violation of applicable laws and data protection obligations; and

    • your breach of your confidentiality obligations under these Terms.

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Term & termination

  • Term. These Terms will commence when you begin using the Services and will remain in force until terminated in accordance with these Terms (the “Term”).

  • Termination by you. You may terminate these Terms and stop using the Services at any time and for any reason by notifying your designated Jupiter contact in writing (contact details will be provided to you) and, if applicable, cancelling your account.

  • Termination for cause. Either party may terminate these Terms with immediate effect by giving written notice to the other, if the other party:

    • materially breaches these Terms and fails to remedy the breach within 15 days of receiving written notice to do so;

    • materially breaches these Terms and the breach is incapable of being remedied; or

    • becomes subject to bankruptcy, insolvency or another similar event.

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Other important terms

  • Data protection. Both parties will comply with all applicable requirements of the any data protection laws. Under these Terms:

    • we are the data processor and you are the data controller of any personal data processed in the course of providing Services,

    • we are the data controller in respect of any of your User log-in, payment details and support requests; and the terms of our Privacy Policy will apply to such processing in each of i and ii above.

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Accuracy

  • Jupiter and our Services utilize artificial intelligence and machine learning, which are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate. Given the probabilistic nature of machine learning, use of our Services may in some situations result in “Output” that does not accurately reflect real people, places, or facts. When you use our Services you understand and agree:

  • Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional 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 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.

  • Our Services may provide incomplete, incorrect, or offensive Output that does not represent PolyAI’s views. If Output references any Third Party Services or Third Party Outputs, it doesn’t mean the third party endorses, is endorsed by or affiliated with PolyAI.

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