============================== ### Terms and Conditions Effective: March 31, 2024 Thank you for using InfoseekAI! ### Terms of Use These Terms of Use apply to your use of InfoseekAI’s other services for individuals, along with any associated software applications and websites (all together, “Services”). These Terms form an agreement between you and 10420 Ventures, LLC, a Washington company, and they include our Service Terms and important provisions for resolving disputes through arbitration. By using our Services, you agree to these Terms. If you reside in the European Economic Area, Switzerland, or the UK, your use of the Services is governed by these terms. Our Business Terms govern use of InfoseekAI, our APIs, and our other services for businesses and developers. ### Who We Are InfoseekAI is an AI safety company. Our mission is to ensure that you can use any and all AI safely and privately. For more information about InfoseekAI, please visit our website. ### Registration and Access **Minimum Age. You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services. **Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf. ### Using Our Services **What You Can Do Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as our Sharing & Publication Policy, Usage Policies, and any other documentation, guidelines, or policies we make available to you. **What You Cannot Do You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not: - Use our Services in a way that infringes, misappropriates or violates anyone’s rights. - Modify, copy, lease, sell or distribute any of our Services. - Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law). - Automatically or programmatically extract data or Output (defined below). - Represent that Output was human-generated when it was not. - Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services. - Use Output to develop models that compete with OpenAI or other supported vendors. ### Content **Your Content You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services. **Ownership of Content As between you and InfoseekAI, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output. ### Limitation of Liability NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ### Dispute Resolution YOU AND INFOSEEKAI AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS: **MANDATORY ARBITRATION. You and InfoseekAI agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by filling out this form. If you opt out of an update, the last set of agreed upon arbitration terms will apply. **Informal Dispute Resolution We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice through this form. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process. ### Arbitration Forum If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable. InfoseekAI will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration. ### Arbitration Procedures The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Washington, USA. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of Seattle, Washington have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute. ### Exceptions This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation. ### CLASS AND JURY TRIAL WAIVERS You and InfoseekAI agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and InfoseekAI knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim. ### Batch Arbitration If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and InfoseekAI agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings. ### Severability If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety. ### Copyright Complaints If you believe that your intellectual property rights have been infringed, please send notice to InfoseekAI and we will connect you to the appropriate AI model vendor. ### General Terms **Assignment You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services. **Changes to These Terms or Our Services We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to: - Changes to the law or regulatory requirements. - Security or safety reasons. - Circumstances beyond our reasonable control. - Changes we make in the usual course of developing our Services. - To adapt to new technologies. We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services. **Delay in Enforcing These Terms Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms. **Trade Controls You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export. **Entire Agreement These Terms contain the entire agreement between you and InfoseekAI regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and InfoseekAI. **Governing Law Washington law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Seattle, Washington, USA. ** HIPAA and Business Associates Agreement By accepting these terms you also accept our HIPAA terms and the associated Business Associates Agreement (BAA). ** Privacy Policy Our Privacy Policy explains how we collect and use personal information. ================= Contact Information If you have any inquiries regarding our terms, or if you wish to exercise any of your available rights, please contact us via email at: hello @ infoseek.ai +1 425-522-2474 522 W RIVERSIDE AVE STE N SPOKANE, WA 99201-0580 UNITED STATES