We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, and all countries located in the European continent. If you reside in the “Designated Countries,” your agreement is with Egham AI Ltd. If you reside outside of the “Designated Countries,” your agreement is with Egham AI Ltd.
We refer to Egham AI Ltd. and Aichoo collectively as “Aichoo” or “we” throughout this agreement.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Aichoo, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Use of our Services requires aichoo.ai account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
1. Aichoo.ai and AI OS
- Aichoo AI OS is a Machine Learning and Data Science Environment which is free for non-commercial as well as trial use.
- Commercial use. For all commercial applications, users must obtain a subscription-based license by contacting us using our contact details.
- Your aichoo.ai Account and Website. If you login to os.aichoo.ai you will be able to create independent instances of Aichoo AI OS. You must not claim an unreasonable number of instances (as determined by us), or sell access to any created instances without our approval. You are responsible for maintaining the security of your account and instances, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Aichoo AI OS instance. You must immediately notify Aichoo of any unauthorized uses of your account, or any other breaches of security. Aichoo will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Users. If you operate Aichoo AI OS instance, post material and data to it, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using aichoo.ai, you represent and warrant that your Content and conduct do not violate these Terms. If you delete Content, Aichoo will use reasonable efforts to remove it from aichoo.ai, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Aichoo has the right (though not the obligation) to, in Aichoo’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in Aichoo’s reasonable opinion, violates any Aichoo policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of aichoo.ai to any individual or entity for any reason. Aichoo will have no obligation to provide a refund of any amounts previously paid.
- HTTPS. We offer free HTTPS on all Aichoo AI OS instances by default, including those using custom domains, via Let’s Encrypt. By signing up and using a custom domain on aichoo.ai, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site.
- Advertisements. Aichoo reserves the right to display advertisements on your instances unless you have purchased a plan that includes the removal of ads.
- Prohibited Uses. When using Aichoo AI OS, you agree not to: (1) Upload material or engage in activity that is illegal under applicable law.
(2) Use Aichoo instances to overburden Aichoo’s systems, as determined by us in our sole discretion.
(3) Disclose sensitive personal information of others.
(4) Send spam or bulk unsolicited messages.
(5) Interfere with, disrupt, or attack any service or network.
(6) Distribute material that is or enables malware, spyware, adware, or other malicious code.
2. Responsibility of Visitors.
We have not reviewed, and cannot review, all of the material (such as computer software code, data, or content) posted to our Services by users or anyone else (“Site Materials”), and are not responsible for any Site Materials’ content, use, or effects. We do not endorse any Site Materials or represent that Site Materials are accurate, useful, or non-harmful. We also disclaim any responsibility for any harm resulting from anyone’s use, purchase or downloading of Site Materials. If you access or use any Site Materials, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Site Materials may be offensive, indecent, objectionable, or include technical inaccuracies, typographical mistakes, and other errors, or violate or infringe the privacy or publicity rights, intellectual property rights, (see section below to submit copyright complaints) and other proprietary rights, of third parties. Any Site Materials offered for sale through any of our Services are the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Site Materials. We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes, between you and the provider of any Site Materials. Last thing: Please note that additional terms and conditions may apply to the downloading, copying, purchase, or use of Site Materials.
3. Fees, Payment, and Renewal.
- Fees. Some of our Services are offered for a fee — such as Aichoo AI OS for commercial use, while other Services may be free with optional paid upgrades. By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be a one-time fee or recurring fees. For recurring fees, we’ll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
- Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
- Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
- Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase AI OS annual plan, you will be charged each year.
- Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
- Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
4. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software code, made available through the websites and webpages to which aichoo.ai links, and that link to aichoo.ai. Aichoo does not have any control over those non-aichoo.ai websites, and is not responsible for their contents or their use. By linking to a non-aichoo.ai website, Aichoo does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Aichoo disclaims any responsibility for any harm resulting from your use of non-aichoo.ai websites and webpages.
5. Third Party Services.
You may enable services, products, software, or applications developed by a third party or yourself (“Third Party Services”) on your instance.
If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by Aichoo.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Third Party Services may not work appropriately with your instance, and we may not be able to provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or instance.
6. Copyright Infringement.
As Aichoo asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by aichoo.ai violates your copyright, you are encouraged to notify Aichoo in accordance with our policy. Aichoo will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Aichoo will terminate a user’s access to and use of the system if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Aichoo or others. In the case of such termination, Aichoo will have no obligation to provide a refund of any amounts previously paid to Aichoo.
7. Intellectual Property.
This Agreement does not transfer from Aichoo to you any Aichoo or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Aichoo. Aichoo, AI OS, aichoo.ai, the Aichoo logo, and all other trademarks, service marks, graphics and logos used in connection with aichoo.ai or our Services, are trademarks or registered trademarks of Aichoo or Aichoo’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Aichoo or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Aichoo may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your aichoo.ai account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties.
Our Services are provided “as is.” Aichoo and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Aichoo nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
11. Jurisdiction and Applicable Law.
Except to the extent of applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of United Kingdom, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in England, UK.
12. Limitation of Liability.
In no event will Aichoo, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Aichoo under this Agreement during the twelve (12) month period prior to the cause of action. Aichoo shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty.
You represent and warrant that your use of our Services:
- Will be in strict accordance with this Agreement;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United Kingdom or the country in which you reside, privacy, and data protection); and
- Will not infringe or misappropriate the intellectual property rights of any third party.
14. UK Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable UK Sanctions. Such use is prohibited, and Aichoo reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Aichoo, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of this Agreement, materials (such as computer software, items for sale, or content) that you upload, and any activities conducted through your or another user’s instance.
These Terms of Service were originally written in English (UK). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Aichoo and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Aichoo, or by the posting by Aichoo of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Aichoo may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.