Terms and Condition | AiAutomated

Subscriber Terms and Conditions

1. Introduction:

Welcome to 1st Hope Corps, a Public Benefit Co-op specializing in chatbot development platforms tailored for small and medium-sized businesses (SMBs). Our mission is to empower SMBs with advanced, accessible technology. This Service Agreement ("Agreement") governs your use of our services and platforms. By accessing or using the 1st Hope Corps platform, you acknowledge and agree to be legally bound by the terms outlined herein, constituting a binding agreement between you, the user, 1st Hope Corps, and its affiliates.

1.1. Agreement to Terms:

Your engagement with our services signifies your comprehensive understanding and unconditional acceptance of these Terms of Service. If you represent an organization, your agreement to these terms represents your authority to bind said organization to this Agreement. Failure to agree to these terms will result in the inability to use our services.

1.2. Changes to Terms or Services:

1st Hope Corps holds the discretion to update or modify these terms periodically. Notice of any such changes will be communicated through an update to our website's Terms of Service page, dated accordingly, or through other appropriate communication channels. It is your responsibility to review these changes. Continued usage of our services post-update will be regarded as your acceptance of the amended terms. Should you disagree with the revised terms, your sole recourse is to discontinue the use of our services.

2. Who May Use the Services:

2.1 Eligibility:

Our services are designed to cater to a diverse range of users. Individuals must be at least eighteen (18) to utilize our services independently. For users between the ages of thirteen (13) and seventeen (17), usage is permitted under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. By using our services, you represent that you meet the age requirement and are not prohibited from accessing the services under any applicable laws. If you are accessing our services on behalf of an organization, you confirm that you possess the necessary authority to agree to these terms on behalf of that organization.

2.2 Registration and Your Information:

To fully engage with our platform, users must register and create an account. During registration, you must provide truthful, accurate, and complete information. The responsibility to maintain the confidentiality of your account information, including your password, and for all activities under your account rests solely with you. You must promptly inform 1st Hope Corps of any actual or suspected unauthorized use of your account.

3. Using the Services:

3.1 What You Can Do:

As a valued user of 1st Hope Corps, you can leverage our chatbot development platform for your business objectives. This includes, but is not limited to, creating, deploying, and managing chatbots using our tools, APIs, and resources in adherence to our usage guidelines. Our services are designed to foster a collaborative and lawful environment, so we encourage you to use them responsibly, respectfully to other users, and in compliance with all applicable laws and regulations.

3.2 What You Cannot Do:

Prohibited activities on our platform include, but are not limited to, any actions that could damage, overload, or impair our services or interfere with any other party’s use and enjoyment of our platform. This encompasses unauthorized access, hacking, distributing malicious or illegal content, and any activities contrary to these terms or applicable laws. Misusing our services for unlawful purposes or violating these terms is strictly forbidden. For example, you will not do any of the following:

Infringement of Rights: Do not use our Services in any manner that infringes, misappropriates, or violates the rights of any individual or entity. This includes respecting intellectual property, privacy, and other proprietary rights.
Prohibited Modifications and Distributions: You are not permitted to modify, copy, lease, sell, or distribute any aspect of our Services. Our services are provided for your direct use only, and any unauthorized commercial exploitation is strictly prohibited.
Reverse Engineering: You are prohibited from attempting to reverse engineer, decompile, or otherwise attempt to discover the source code, algorithms, or underlying components of our Services. This restriction applies except where such activities are expressly permitted by applicable law.
Data Extraction: Automatic or programmatic extraction of data or content generated by our Services is strictly forbidden. Our services are designed for interactive use, not systematic data scraping or harvesting.
Misrepresentation of Generated Content: You must not falsely represent that content generated by our Services was created by humans. Transparency in the source of generated content is essential for maintaining trust and integrity.
Interference and Disruption: Do not interfere with, disrupt, or attempt to circumvent any rate limits, restrictions, or protective measures we implement in our Services. This includes respecting safety mitigations and the operational integrity of our platform.
Competitive Use: Utilizing generated content to develop models that compete directly with 1st Hope Corps or any of its service suppliers is strictly prohibited. Our services are intended to enhance your operations, not to facilitate the creation of competing technologies.
Privacy of Others: Users must not engage in activities that infringe upon the privacy rights of others. This includes, but is not limited to:
- a. Collecting, processing, disclosing, inferring, or generating personal data in a manner that is not compliant with applicable legal standards and regulations.
- b. Utilizing biometric technologies, including facial recognition systems, for identification or evaluation unless explicitly authorized by relevant laws and regulations.
Prohibition of Spyware and Unauthorized Surveillance: Users must not engage in or facilitate activities involving spyware, communications surveillance, or unauthorized monitoring of individuals. Such actions are considered a severe breach of privacy and are strictly prohibited.
Ethical and Responsible Use of AI:
- a. Provision of Professional Advice: Legal, medical/health or financial advice must involve review by qualified professionals. Additionally, the use of AI in formulating such advice must be clearly disclosed, along with an explanation of its potential limitations.
- b. High-Stakes Automated Decision Making: Automated decision-making in critical areas that impact individual safety, rights, or well-being, such as law enforcement, migration, infrastructure management, product safety, essential services, and areas like credit employment, housing, education, social scoring, or insurance, is strictly prohibited.
- c. Restriction on Gambling and Payday Lending: The platform must not be used to facilitate real money gambling or payday lending activities.
- d. Political Campaigning and Lobbying: Engaging in political campaigning, lobbying, or creating personalized campaign materials targeting specific demographics is prohibited.
- e. Protection of Democratic Processes: Users must not engage in activities that deter participation in democratic processes, such as misrepresenting voting processes or discouraging voting.
Preventing Misuse and Deception:
- a. Disinformation and Misinformation: The generation or promotion of disinformation, misinformation, or false online engagement is strictly forbidden.
- b. Impersonation: Impersonating another individual or organization without consent or legal right is prohibited.
- c. Academic Integrity: Promoting or engaging in academic dishonesty is not allowed.
- d. AI Disclosure: Users must ensure that automated systems, such as chatbots, disclose their AI nature to users unless it is evident from the context.
Content Appropriate for Minors: Users are prohibited from developing tools that include or facilitate access to content inappropriate for minors, specifically:
Sexually Explicit or Suggestive Content: This category is strictly off-limits, except for content created for legitimate scientific or educational purposes.

3.3 Software: Software provided as part of the services is licensed, not sold, to you. You may use the software exclusively with the services, adhering to these terms. Regular updates may be released to improve functionality or address security issues, and it's your responsibility to implement these updates promptly.

3.4 Corporate Domains: If you are utilizing our services within a corporate domain, you are responsible for ensuring that your use complies with relevant corporate policies and guidelines.

3.5 Third-Party Services: Our platform may allow integrations with third-party services. Please be aware that 1st Hope Corps is not liable for the practices or content of these third-party services. You are encouraged to review their respective terms and privacy policies.

3.6 Feedback: We greatly value user feedback as it enhances our services. By providing feedback, you agree that we are free to use, implement, and modify these suggestions without any restriction or compensation to you.

4. Payment:

4.1 Billing: When subscribing to our paid services, you agree to furnish accurate and current billing information, including a valid payment method. Billing will occur in advance on a regular cycle as defined in your chosen subscription plan. It is your responsibility to settle all applicable taxes and fees. You must promptly update any changes in your billing information. Failure to maintain accurate billing information may result in service interruptions or termination.

4.2 Cancellation: Subscriptions can be canceled at your discretion. Cancellations will become effective at the end of the current billing cycle. Please be aware that payments are generally non-refundable, with exceptions only as required by law or specified in our refund policy.

4.3 Changes: We reserve the right to modify the pricing of our services. Should there be a pricing change or significant increase, we will notify you at least 30 days in advance. This change will be applicable from the next billing cycle following the notification, allowing you to cancel your subscription if you disagree with the new pricing.

4.4 Subscription Renewals: Your subscription will automatically renew at the end of each billing cycle unless you cancel it. You will be notified in advance of any changes to your subscription fees.

5. Privacy Policy:

5.1 Collection and Use of Personal Information: At 1st Hope Corps, we value your privacy and collect only essential personal information necessary to provide our services effectively. This includes, but is not limited to, your name, contact information, and payment details. The collected data is used for account management, payment processing, and communication about our services. Your personal information is integral to our operation and is handled with the utmost care and respect.

5.2 Data Security: We are committed to safeguarding your personal information and employ robust security measures to prevent unauthorized access, alteration, disclosure, or destruction of your data. While we strive to use commercially acceptable means to protect your personal information, please be aware that no method of transmission over the Internet or method of electronic storage is 100% secure.

5.3 Sharing and Disclosure: Your personal information is not for sale. We may share it with trusted third-party service providers who assist us in operating our services, subject to strict data protection terms. Additionally, we may disclose your information where required by law or to safeguard our rights, your safety, or the safety of others.

5.4 Data Retention: We retain your personal information for as long as it is necessary to provide our services to you and as required by applicable law. Upon the termination of your account, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

5.5 User Rights: You hold certain rights over your personal information, including the rights to access, correct, or request deletion of your data. To exercise these rights, please contact us directly. We are committed to responding to your requests promptly and appropriately.

5.6 Policy Updates: Our Privacy Policy may undergo periodic updates to reflect changes in our practices or legal requirements. We will notify you of any significant changes by posting the new policy on our platform and updating the “effective date” at the top of the policy. Your continued use of our services after these changes will constitute your acknowledgment of the modified Privacy Policy.

6. Content and Content Rights:

6.1 Your Content: As a user of 1st Hope Corps, you maintain ownership of the content you upload or submit through our services. By using our services, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, modify, distribute, and display this content solely to provide and improve our services. This includes the right to adapt your content for operational and technological compatibility with our services.

6.2 Ownership of Content: While you retain ownership of your content, it's essential to understand that 1st Hope Corps retains all rights, title, and interest in and to the services themselves, including our proprietary algorithms, interfaces, and underlying technologies. Our ownership extends to any content, data, or intellectual property created or compiled by 1st Hope Corps while providing these services.

6.3 Similarity of Content: Due to the nature of chatbot development and the common use of industry-standard practices, there may be instances where content created by different users possesses similarities. 1st Hope Corps is not liable for any resemblance, duplication, or perceived plagiarism that may arise in such scenarios.

6.4 Our Use of Content: We reserve the right to utilize user-generated content to operate, maintain, and enhance our services. This may involve using your content for testing, analysis, and service improvements, always in line with our commitment to privacy and data security.

6.5 Opt-Out: If you prefer to restrict specific uses of your content, particularly in relation to model training or other specific applications, you are welcome to contact us with your requests. We will endeavor to honor these preferences within the operational constraints of our services.

6.6 Accuracy: While we strive for the highest levels of accuracy in our services, 1st Hope Corps cannot guarantee that content generated or processed by our platform will be free from errors or inaccuracies. As a user, you are responsible for reviewing and confirming the accuracy of the content you generate using our services. 1st Hope Corps shall not be liable for any inaccuracies or errors in the content provided by users or generated by our platform.

7. Our IP Rights:

7.1 Intellectual Property Ownership: 1st Hope Corps asserts full ownership of all rights, title, and interest in our services. This includes, but is not limited to, any software, content, methodologies, trademarks, service marks, trade names, and other intellectual property rights related to or embodied in our services. Your acceptance of this agreement acknowledges our exclusive ownership and does not imply the transfer of any such intellectual property rights to you or any other party.

7.2 Use of Trademarks: Our trademarks, service marks, trade names, logos, and brand identities are valuable assets of 1st Hope Corps. You cannot use these marks or identities without our explicit written consent. Unauthorized use of our trademarks is strictly prohibited and may violate our intellectual property rights.

7.3 Proprietary Rights Notices: In using our services, you agree not to remove, conceal, or modify any proprietary rights notices that may be present on or within our services. These notices are essential to protecting our intellectual property and informing users of their rights and obligations.

7.4 No Implied License: This agreement does not grant you any license, right, or interest in our intellectual property, whether by estoppel, implication, or any other means, except for the limited use rights expressly granted herein. Any unauthorized use of our intellectual property outside the scope of this agreement is a violation of our rights and may be subject to legal action.

8. Termination and Suspension:

8.1 Termination by Us: 1st Hope Corps maintains the right to suspend or terminate your account and access to our services at any given time for reasons including but not limited to a breach of these terms, legal mandates, or concerns about security and operational integrity. Whenever feasible, we will provide prior notice of such termination. Non-payment of subscription fees per the agreed billing cycle may also lead to suspension or termination of services. In these cases, you will be notified in advance, providing an opportunity to rectify any outstanding payment issues.

8.2 Termination by You: As a user, you have the right to terminate your use of our services at your discretion. Upon such termination, you are obliged to cease all use of the services and to delete or destroy all copies of any related software or materials in your possession.

8.3 Effects of Termination: Following the termination of your account, your rights to access and use our services will be revoked immediately. We reserve the right to delete or deactivate your account, along with all associated information and files, in accordance with our data retention policies.

8.4 Suspension for Non-Compliance: In situations involving ongoing legal issues, suspected violations of our terms, or other concerns, we may temporarily suspend your access to the services. This measure is taken to protect the integrity of our platform and comply with legal obligations.

8.5 Appeals: If you face suspension or termination of your account, you are entitled to appeal this decision. Appeals can be submitted through our designated communication channels. Each appeal will be assessed on its merits, and we commit to providing a timely and fair response.

9. Discontinuation of Services:

9.1 Our Right to Discontinue: 1st Hope Corps reserves the unilateral right to discontinue or suspend our services, permanently or temporarily, at our discretion. This decision may be due to various factors including, but not limited to, business considerations, market dynamics, or legal constraints. In the event of such a decision, we are committed to providing advance notice to our users to the extent possible.

9.2 User's Rights in Case of Discontinuation: In the unfortunate event that our services are discontinued, you as a user may be entitled to certain rights, which may include a prorated refund of any prepaid fees or other forms of compensation as detailed in our specific discontinuation policies. We endeavor to ensure that our policies are fair and equitable, respecting our users' commitment to our services.

9.3 Transition Assistance: Recognizing the impact of service discontinuation on our users, 1st Hope Corps, where feasible, will endeavor to provide reasonable transition assistance. This may include services such as exporting your data in a usable format or offering guidance on alternative solutions that may meet your needs. We aim to facilitate a smooth transition and minimize inconvenience to our users.

10. Disclaimer of Warranties and Limitation of Liability:

10.1 As Is and As Available: 1st Hope Corps provides its services "as is" and "as available" without express or implied warranties. This includes, but is not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no representations or warranties about our services' reliability, timeliness, quality, suitability, or availability for any purpose.

10.2 No Guarantee of Accuracy: While we strive for excellence, we do not guarantee that our services will be free from errors or interruptions. Additionally, the information provided through our services, including but not limited to chatbot outputs and data analyses, may not always be accurate, complete, or current. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our services or anyone who may be informed of any of its contents.

10.3 Your Responsibility: You acknowledge and agree that using our services is solely at your own risk. 1st Hope Corps shall not be responsible for any damage to your computer system, loss of data, or any other damage or loss that results from the use of our services, including the downloading of any materials, data, text, images, video content, or audio content from the services.

10.4 Limitation of Liability: In no event will 1st Hope Corps, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, our services.

10.5 Liability Limit:

Our total liability for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supply you with the services again).

10.6 Applicability:

The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.

11. Dispute Resolution:

11.1 Mandatory Arbitration: In the interest of resolving disputes between you and 1st Hope Corps most expediently and cost-effectively, you and 1st Hope Corps agree to resolve any disputes arising out of or related to these terms or your use of the services exclusively through final and binding arbitration, except as set forth below.

11.2 Informal Dispute Resolution: Before initiating arbitration, both parties agree to attempt to resolve any disputes informally. We encourage you to contact us directly to seek a resolution. If a dispute is unresolved within a specified period after submission, either party may proceed to arbitration.

11.3 Arbitration Procedures: Arbitration will be conducted by a single neutral arbitrator and governed by the rules of a recognized arbitration association, which will be identified at the time of initiating arbitration. If preferred, the arbitration will be held in a mutually agreed-upon location or via remote communication. The arbitrator's decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

11.4 Class Action Waiver: Both parties agree that any arbitration shall be conducted in their capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes.

11.5 Opt-Out of Arbitration: You have the right to opt out of the binding arbitration agreement and class action waiver as specified above by notifying 1st Hope Corps in writing within 30 days of the date you first accepted the terms of this Agreement. To opt out, you must notify 1st Hope Corps' legal department, specifying your name, address, and a clear statement that you wish to opt out of arbitration. Failure to notify us in this manner will mean that you have knowingly and irrevocably agreed to bind yourself to the arbitration agreement.

12. Copyright Complaints:

12.1 Copyright Infringement Notices: If you believe content available on or through the 1st Hope Corps platform infringes on one or more of your copyrights, you are encouraged to notify us by submitting a detailed written notice. This notice should include the following: a clear identification of the copyrighted work you claim has been infringed; a description of where the material that you claim is infringing is located on our platform; your contact information, including address, telephone number, and if available, an email address; a statement by you that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

12.2 Procedure for Handling Complaints: 1st Hope Corps will promptly investigate the issue upon receiving a valid copyright infringement notice. Our response to these notices may include removing or restricting access to the material claimed to be the subject of infringing activity. We will make a reasonable faith effort to contact the user who has posted the allegedly infringing content so they may make a counter-notification.

12.3 Counter-Notices: If you believe your content was erroneously removed or disabled due to a copyright claim, you may submit a counter-notice. This counter-notice must contain your name, address, phone number, and physical or electronic signature, identification of the content that has been removed or to which access has been disabled, and a statement under penalty of perjury that you believe in good faith that the content was removed or disabled as a result of a mistake or misidentification. Upon receipt of a valid counter-notice, 1st Hope Corps will promptly provide the person who sent the original copyright complaint with a copy of the counter-notice and inform them that we may replace the removed content or cease disabling access to it in 10 business days. The removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.

13. General Terms:

13.1 Assignment: You may not assign, delegate, or transfer these terms or your rights and obligations herein without the prior written consent of 1st Hope Corps. Conversely, 1st Hope Corps may assign these terms and its rights and obligations herein without restriction, including but not limited to a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

13.2 Changes to These Terms or Our Services: 1st Hope Corps reserves the right to modify these terms or our services at any time. We will promptly provide notice of these changes through appropriate communication channels. Your continued use of the services following such changes will be deemed your acceptance of the new terms.

13.3 Delay in Enforcing These Terms: The failure of 1st Hope Corps to enforce any right or provision of these terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of 1st Hope Corps.

13.4 Trade Controls: In using our services, you agree to comply with all applicable international and national laws and regulations, including but not limited to trade and export control laws and regulations.

13.5 Indemnity: You agree to indemnify, defend, and hold harmless 1st Hope Corps and its affiliates, officers, agents, employees, and partners from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms, your use of the services, or your violation of any law or the rights of a third party.

13.6 Entire Agreement: These terms constitute the entire agreement between you and 1st Hope Corps regarding our services and supersede and replace any prior agreements we might have between us regarding the services.

13.7 Governing Law: These terms and any action related thereto will be governed by the laws of the State of Colorado, United States, without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the services will be brought solely in Boulder County, Colorado, USA, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.