Terms of Service

Effective Date: January 15, 2025Last Updated: January 15, 2025

1. Acceptance of Terms

By accessing or using ArtCafe.ai ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.

2. Description of Service

ArtCafe.ai provides an artificial intelligence platform for building and managing intelligent agents that communicate through a pub/sub messaging system. The Service includes agent frameworks, messaging services, knowledge graphs, and related functionality.

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use this Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

4. Account Registration

To access certain features of the Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use

5. Subscription Plans and Pricing

5.1 Plans

The Service is offered under various subscription tiers, including Free, Basic, Standard, and Premium plans. Each plan has different features, limitations, and pricing.

5.2 Pricing Changes

We reserve the right to modify our pricing and subscription plans at any time. Changes will be effective upon posting or as communicated to you. Existing subscriptions will continue at their current pricing until the end of the current billing period.

5.3 Trial Period

New accounts receive a 14-day free trial. After the trial period, you must select a paid plan to continue using the Service.

6. Service Availability

6.1 Best Effort Basis

The Service is provided on a "best effort" basis. While we strive for high availability, we do not guarantee uninterrupted or error-free operation.

6.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.

6.3 Service Limits

We may impose limits on certain features or restrict access to parts of the Service without notice or liability.

7. Acceptable Use Policy

You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Generate or distribute harmful, offensive, or illegal content
  • Infringe upon intellectual property rights
  • Engage in unauthorized access or security breaches
  • Interfere with or disrupt the Service or servers
  • Attempt to bypass usage limits or restrictions
  • Create or distribute malware or harmful code
  • Engage in any form of automated excessive usage

8. AI-Specific Terms

8.1 AI Output

The Service uses artificial intelligence that may produce outputs that are inaccurate, biased, offensive, or otherwise problematic. You acknowledge these limitations and agree to review and verify any AI-generated content before use.

8.2 No Professional Advice

AI-generated content is not a substitute for professional advice (legal, medical, financial, etc.). Always consult qualified professionals for such matters.

8.3 Training Data

You acknowledge that our AI systems may be trained on aggregated, anonymized data from the Service to improve performance, subject to our Privacy Policy.

9. User Content

9.1 Ownership

You retain ownership of content you submit to the Service ("User Content").

9.2 License Grant

You grant us a worldwide, non-exclusive, royalty-free license to use, process, store, and display your User Content solely for providing and improving the Service.

9.3 Content Responsibility

You are solely responsible for your User Content and the consequences of submitting and using it.

10. Intellectual Property

The Service, including its original content, features, and functionality, is owned by ArtCafe.ai and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

11. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

12. Indemnification

You agree to indemnify, defend, and hold harmless ArtCafe.ai, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service or violation of these Terms
  • Your User Content, including any data you submit or process through the Service
  • Any violation of applicable laws or third-party rights
  • Any unauthorized access to or use of the Service through your account
  • Any claims that your data or usage infringes or violates any third-party rights

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTCAFE.AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL OUR LIABILITY FOR ANY CLAIM EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. IF YOU ARE ON A FREE PLAN, OUR LIABILITY SHALL NOT EXCEED $10.00.

15. Termination

15.1 By You

You may terminate your account at any time by contacting us or using the account closure feature.

15.2 By Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including breach of these Terms.

15.3 Effect

Upon termination, your right to use the Service will cease immediately. Provisions that by their nature should survive termination shall survive.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.

18. Dispute Resolution

18.1 Arbitration

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules.

18.2 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class actions.

19. General Provisions

19.1 Entire Agreement

These Terms constitute the entire agreement between you and ArtCafe.ai regarding the Service.

19.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in full force.

19.3 Waiver

No waiver of any term shall be deemed a further or continuing waiver.

19.4 Assignment

You may not assign these Terms without our prior written consent.

20. Contact Information

For questions about these Terms, please contact us at:

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