MULTIPLICITAS CONSUMER TERMS OF SERVICE

Effective Date: April 18, 2024.

Section 1: Introduction and Acceptance of Terms

Welcome to Multiplicitas, a bespoke AI solutions provider that seamlessly integrates human creativity with machine analysis to augment and enhance decision-making in specialized organizational roles. By accessing or using our services, including our website, AI models, APIs, and associated software applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms", "Agreement"). 

Please note: If you are using our Services on behalf of an organization or entity ("Organization") and representing that you have the authority to bind that Organization to these Terms, our Commercial Terms of Service will govern your use of any Multiplicitas service you are agreeing to these Terms for that Organization. 

Please read these Terms carefully before using our Services. If you do not agree with any part of these Terms, you must not access or use our Services. By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy and Acceptable Use Policy, which are incorporated herein by reference.

We may modify these Terms from time to time. If we make material changes, we will provide you with notice via email or through our Services. Your continued use of our Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree with the changes, you must stop using our Services.

Section 2: Eligibility and Account Registration

2.1 Age Requirements

You must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater, to use our Services. If you are under 18 years old, you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2.2 Account Registration

To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you become aware of any unauthorized access to or use of your account, you must notify us immediately.

2.3 Organizational Accounts

If you are using our Services on behalf of an Organization, your account may be linked to your Organization's Multiplicitas enterprise account. In such cases, your Organization's administrator may have access to your account information and may be able to control and manage your account. It is your responsibility to ensure that your use of our Services complies with your Organization's policies and requirements.

Section 3: Use of Our Services

3.1 License to Use

Subject to your compliance with these Terms, Multiplicitas grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your lawful, authorized purposes.

3.2 Restrictions on Use

You agree not to:

a. Use our Services for any illegal, fraudulent, or unauthorized purposes;

b. Interfere with or disrupt the integrity or performance of our Services or the data contained therein;

c. Attempt to gain unauthorized access to our Services or related systems or networks;

d. Reproduce, duplicate, copy, sell, resell, or exploit any portion of our Services without our express written permission;

e. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of our Services, except as expressly permitted by applicable law;

f. Modify, adapt, translate, or create derivative works based on our Services, except as expressly permitted by applicable law;

g. Use our Services to develop competing products or services;

h. Use our Services in any manner that infringes, misappropriates, or violates any intellectual property rights, privacy rights, or other rights of Multiplicitas or any third party;

i. Use our Services to transmit any viruses, worms, defects, Trojan horses, or other malicious code;

j. Use our Services to transmit, store, or process any sensitive, personal, or confidential information without proper authorization and security measures in place; or

k. Use our Services in any manner that violates these Terms, our Acceptable Use Policy, or applicable laws and regulations.

3.3 User Responsibilities

You are solely responsible for your use of our Services and any content you submit, post, or transmit through our Services. You represent and warrant that you have all necessary rights, licenses, and permissions to use such content and that your use of our Services does not violate any applicable laws, regulations, or third-party rights.

3.4 Feedback and Suggestions

We welcome and appreciate your feedback, comments, and suggestions for improvements to our Services ("Feedback"). By submitting Feedback, you grant Multiplicitas a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Feedback in any manner and for any purpose, without any compensation or attribution to you.

Section 4: Intellectual Property Rights

4.1 Ownership of Services

Multiplicitas and its licensors retain all right, title, and interest, including all intellectual property rights, in and to our Services, including but not limited to our AI models, algorithms, software, user interfaces, logos, and documentation. These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features without our prior written consent.

4.2 User-Generated Content

By submitting, posting, or transmitting any content through our Services ("User Content"), you grant Multiplicitas a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with our Services and our business, including for the purpose of improving our Services and developing new products and services. You represent and warrant that you have all necessary rights to grant this license and that your User Content does not infringe, misappropriate, or violate any third-party rights.

4.3 Third-Party Content

Our Services may contain content, data, or information provided by third parties ("Third-Party Content"). Multiplicitas does not own, control, or endorse any Third-Party Content and is not responsible or liable for any Third-Party Content. Your use of Third-Party Content is at your own risk and subject to any additional terms, conditions, and policies applicable to such content.

Section 5: Privacy and Data Protection

5.1 Privacy Policy

Our collection, use, and disclosure of personal information in connection with our Services is governed by our Private Policy. By using our Services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

5.2 Data Processing

If you are using our Services on behalf of an Organization, Multiplicitas may process personal data on behalf of your Organization as a data processor. In such cases, the terms of the data processing agreement between Multiplicitas and your Organization will govern our processing of personal data.

5.3 Security

We implement reasonable technical and organizational measures to protect the security, confidentiality, and integrity of your personal information. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee the absolute security of your personal information.

Section 6: Confidentiality

6.1 Definition of Confidential Information

"Confidential Information" means any non-public information disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party") in connection with these Terms or the use of our Services, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

6.2 Protection of Confidential Information

The Receiving Party shall use the same degree of care to protect the confidentiality of the Disclosing Party's Confidential Information as it uses to protect its own confidential information, but in no event less than reasonable care. The Receiving Party shall not disclose the Confidential Information to any third party or use the Confidential Information for any purpose outside the scope of these Terms, except with the Disclosing Party's prior written consent.

6.3 Exceptions

Confidential Information does not include any information that: (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information.

Section 7. Prompts, Outputs, and Materials

7.1 Definitions

When using our Services, you may submit text, documents, or other materials for processing ("Prompts"). In response to your Prompts, our Services may generate outputs ("Outputs"). Prompts and Outputs are collectively referred to as "Materials."

7.2 Personal Information

Any personal information you submit to us as part of your Prompts or otherwise in connection with your use of the Services is governed by our Private Policy. By using our Services, you acknowledge and agree to the collection, use, and processing of your personal information as described in our Privacy Policy.

7.3 Rights to Materials

You are solely responsible for the Prompts you submit to our Services. By submitting Prompts, you represent and warrant that you have all necessary rights, licenses, and permissions for us to process the Prompts in accordance with these Terms. You further represent and warrant that your Prompts do not violate these Terms, our Acceptable Use Policy, or any applicable laws or regulations.

As between you and Multiplicitas, and to the extent permitted by applicable law, you retain any rights you may have in the Prompts you submit. Subject to your compliance with these Terms, Multiplicitas assigns to you all of its right, title, and interest (if any) in the Outputs generated based on your Prompts.

7.4 Reliance on Outputs

Multiplicitas' Services utilize advanced artificial intelligence and machine learning technologies, which are continually evolving to improve accuracy, reliability, and safety. However, by using our Services, you acknowledge and agree that:

a. Outputs may contain inaccuracies, biases, or inconsistencies, even if they appear detailed or specific;

b. You should not rely on Outputs without independently verifying their accuracy;

c. The Services and Outputs may not reflect current, complete, or correct information; and

d. Outputs may contain content that is inconsistent with Multiplicitas' views.

7.5 Use of Materials

Multiplicitas may use the Materials to provide, maintain, improve, train, and develop our Services and other products or services. 

Section 8: Bespoke AI Agents

8.1 Customized AI Agents

Multiplicitas may offer customized versions of its AI agents ("Customized AI Agents") created based on instructions, queries, data, and information provided by third parties ("Third-Party AI Agents"). Multiplicitas may also offer customized versions of its AI agents created by Multiplicitas itself.

Unless a Customized AI Agent is expressly identified as a Multiplicitas product, such Customized AI Agent may be created by a third party and incorporate third-party content, instructions, or data that are not controlled by or owned by Multiplicitas. Information about the creator of a Customized AI Agent can be found beneath the name of each Customized AI Agent.

Third-Party AI Agents created by other users may be shared with you. You should only open and use Third-Party AI Agents from sources you trust. You are solely responsible for your interactions with Third-Party AI Agents that may be independently developed by third parties unaffiliated with Multiplicitas. Your use of Third-Party AI Agents may expose you to content that you find offensive, inappropriate, or objectionable.

If you encounter a Third-Party AI Agent or content generated by a Third-Party AI Agent that violates these Terms or the Acceptable Use Policy, please submit a report using the "Report an Issue" form. Third-Party AI Agents may contain advertisements. Multiplicitas may remove, suspend, or disable access to Third-Party AI Agents at any time without prior notice, and users may withdraw or delete their Third-Party AI Agents at any time without prior notice.

8.2 Customized AI Agent Generator

Subscribers of certain Multiplicitas services may have the ability to create Customized AI Agents using the Customized AI Agent Generator feature. All information (including the name and description of the AI Agent), instructions, knowledge, documents, and data you provide to create a Customized AI Agent must comply with the Acceptable Use Policy and must not infringe, facilitate, or promote the infringement of any third-party rights (including intellectual property rights, trademark rights, and publicity rights) or any illegal or harmful activities.

You may not suggest that Multiplicitas, any of its affiliates, or associated third parties have created, endorsed, or approved your Customized AI Agent. You may not make misleading or false statements about the development, approval, affiliation, or creation of a Customized AI Agent. You may not create Customized AI Agents primarily intended for or designed to primarily attract minors. You are responsible for ensuring that your Customized AI Agent complies with these Terms and the Acceptable Use Policy.

Multiplicitas, at its sole discretion, may review, suspend, block publication, limit access to, remove, or terminate access to the AI Agents you create at any time and without prior notice if you violate these Terms (including the Acceptable Use Policy), if we suspect you are engaging in fraudulent or illegal activities, or if you or we suspend or close your Multiplicitas account. You may appeal these decisions as set forth in the "User Access Restriction and Appeal" section of these Terms.

Customized AI Agents may contain third-party advertisements. You will not be remunerated or entitled to any compensation for these advertisements that may appear in Customized AI Agents.

8.3 Sharing Customized AI Agents

You may not share your Customized AI Agents with any third parties without Multiplicitas' prior written consent. If Multiplicitas grants you permission to share your Customized AI Agent, the name associated with your Multiplicitas account, as well as any personal or confidential data or other information, data, or documents you upload or enter into your AI Agent, may be made available or shared with the authorized recipients of your AI Agent link, Multiplicitas affiliates, or external partners, as permitted by Multiplicitas.

Section 9: Disclaimers and Limitations of Liability

9.1 Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. MULTIPLICITAS DOES NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING USER CONTENT OR THIRD-PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

9.2 Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MULTIPLICITAS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE, OR DATA) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE, OR OTHERWISE, EVEN IF MULTIPLICITAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MULTIPLICITAS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO AN AMOUNT EQUAL TO THE LESSER OF: (A) THE TOTAL AMOUNT PAID OR PAYABLE BY YOU TO MULTIPLICITAS FOR THE SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS (US $100). THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY EVEN IF THE REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

9.3 Indemnity

You agree to indemnify, defend, and hold harmless Multiplicitas, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of our Services, including any User Content you submit, post, or transmit; (c) your violation of any third-party right, including any intellectual property right or privacy right; or (d) any claim that your User Content caused damage to a third party.

Section 10: Termination

10.1 Termination by You

You may terminate your account and these Terms at any time by contacting us at support@multiplicitas.com. Upon termination, your right to use our Services will immediately cease.

10.2 Termination by Multiplicitas

We may terminate or suspend your account and your access to our Services at any time, with or without cause, and with or without notice, including but not limited to for violation of these Terms, use of our Services in a manner that may cause harm or liability to Multiplicitas or others, or for inactivity for an extended period of time.

10.3 Effect of Termination

Upon termination of these Terms, (a) your license to use our Services will immediately cease; (b) you must immediately cease all use of our Services; and (c) Multiplicitas may delete any of your User Content or other data stored on our servers. Termination of these Terms will not affect any rights, remedies, obligations, or liabilities that accrued prior to termination.

Section 11: Dispute Resolution

11.1 Governing Law

These Terms and any dispute arising out of or in connection with these Terms or the use of our Services will be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

11.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

11.3 Waiver of Class Actions

ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR MULTIPLICITAS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

Section 12: General Provisions

12.1 Entire Agreement

These Terms constitute the entire agreement between you and Multiplicitas regarding the use of our Services and supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral, concerning its subject matter.

12.2 Waiver and Severability

The failure of Multiplicitas to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.

12.3 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Multiplicitas' prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Multiplicitas may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

12.4 Notices

Any notices or other communications provided by Multiplicitas under these Terms, including those regarding modifications to these Terms, will be given by posting to our Services or by sending an email to the email address associated with your account. Notices will be effective upon posting or sending.

12.5 Contact Information

If you have any questions about these Terms, please contact us at legal@multiplicitas.com.

By using our Services, you agree to be bound by these Terms of Service. If you do not agree to these Terms, please do not use our Services.