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Terms and Conditions

Version of January 26th, 2024

 

These Terms and Conditions (“T&C”) apply to the use of the MariTalk web chat (“Chat”), MariTalk local (“Local”), MariTalk API (“API”), and any other services, collectively referred to as ("Services"), by Maritaca AI (“We”) for individuals and legal entities (“You”), and are binding. By using our Services, You fully accept and agree with this content.


By using our Services, You acknowledge and accept that artificial intelligence and machine learning techniques are constantly changing and that, given their probabilistic nature, the outputs generated (“Generation”) by our Services may not reflect reality and do not replace professional advice. You also acknowledge and accept that any use and/or distribution of content Generated by our Services is exclusively at Your own risk.

Registration and Access

When using our Services, You ensure that you are at least 18 years of age, that all provided information is truthful and up-to-date, and that You will not share or transfer Your credentials, being solely responsible for all activities conducted under Your account.

If You are a legal entity or a representative of an entity, You ensure that you are legally capable of entering into contracts and that you have the legal authority to bind such entity. 

Use of Services

We own all our Services and grant You a non-exclusive right to access and use them, including to integrate the Services into Your applications, products, or services ("Your Application"). When using our Services, You must follow our T&C and comply with all applicable laws, and ensure that Your End Users do so as well.


You also ensure that our Services will not be used for any illegal, harmful, or abusive activities, such as:


(a) using the Services in a manner that violates any laws or T&C of Maritaca AI;
(b) using the Services in a manner that infringes, violates, or improperly appropriates someone's/third parties' rights;
(c) impersonating content generated by our Services;
(d) reverse engineering, reverse compiling, decompiling, translating, engaging in model extraction or model theft attacks, or attempting to discover the source code or underlying components of the Services, algorithms, and systems (except to the extent such restrictions are prohibited by law);
(e) using the Generation to develop any artificial intelligence models that compete with our products and Services or those of any entity associated with Us;
(f) using any method to extract data from the Services that is not permitted through the APIs;
(g) buying, selling, or transferring API keys from, to, or with third parties;
(h) interfering with or disrupting our Services, including circumventing any rate limits or restrictions or bypassing any security or mitigation measures that we have placed on our Services.

Software

Our Services may contain third-party software governed by their own licenses, such as the billing service.

Content

You are responsible for the input data ("Input"), including that of Your Users, and must ensure it does not violate any applicable law or these T&C. You declare and warrant that You and/or Your Users have all the necessary rights, licenses, and permissions to provide Input to our Services, and You are solely responsible for all use of the Generation and for assessing its accuracy and suitability for Your use case.


For paid services, namely API and Local, Maritaca AI does not use any Input or data, except for calculating metrics for billing purposes, such as the number of tokens in the Input and Generation. For free services, namely Chat, Inputs may be used to improve our Services, for example, training AI models.
When you use our Services, you understand and agree that:

  • Given the probabilistic nature of machine learning, the Generation may not always be accurate. You should not rely on the Generation as the sole source of truth or factual information, nor as a substitute for professional advice.

  • You should evaluate the Generation for accuracy and suitability for your use case before using or sharing it.

  • You must not use any Generation related to a person for any purpose that might have a legal or material impact on them.

  • Our Services may provide incomplete, incorrect, or offensive Generation that does not represent our views. If the Generation refers to any third-party products or services, this does not imply that the third party endorses or is affiliated with Maritaca AI

Personal Data and Privacy

In the development of any activities related to the Services, the Parties commit to complying with the duties and obligations related to the protection of personal data and agree to treat them in accordance with the prevailing legislation.


If You use the Services to process personal data of Your End User, You must: (a) provide legally adequate privacy notices and obtain the necessary consents for the processing of personal data by the Services; and (b) process personal data in accordance with applicable law.

Confidentiality

"Confidential Information" means any information, material, commercial, technical, or financial matter disclosed by one party ("Discloser") to the other party ("Recipient") that is identified as confidential at the time of disclosure or that should be understood by the Recipient as confidential. The Recipient agrees to: (a) use the Discloser's Confidential Information only to exercise their rights and fulfill their obligations under these T&C; (b) take measures to protect the Confidential Information; and (c) not disclose the Confidential Information to third parties, except as expressly permitted here.


Information not considered Confidential Information for the purposes of these T&C includes information that: (a) at the time of disclosure to the Recipient or its Representatives is publicly available; (b) after disclosure to the Recipient becomes provably available to third parties without such disclosure being made in violation of these T&C; (c) was already known to the Recipient before being disclosed to them; (d) is legally disclosed by third parties who are not breaching any confidentiality obligation; or (e) whose disclosure is required by law, in which case, the Recipient must immediately inform the Discloser of such requirement.


The Recipient will be responsible for any violation of this Section, including by its employees, contractors, and agents. The Recipient may disclose Confidential Information to the extent required by law, provided that the Recipient makes reasonable efforts to notify the Discloser in advance.

Our Intellectual Property Rights

We own all rights, titles, properties, and interests in our Services, name, brand, and logo.

Paid Accounts and Billing

When purchasing a Service, You authorize billing and will provide truthful, complete, and accurate information, including a valid payment method. We, or our third-party payment processors, will automatically charge using Your chosen payment method until You cancel Your account. If Your payment cannot be completed, we may suspend Your access to our services until payment is received. To dispute a bill, You must contact us immediately after its issuance.

Changes

We reserve the right to change our subscription prices with a 30-day prior notice. We also have the right to correct billing errors even after an invoice has been issued or payment has been received.

Termination and Suspensio

You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine that: (a) You have violated these T&C or any law; (b) we need to do so to comply with the law; and (c) if your use of our Services could pose a risk or harm to Maritaca AI, our users, or any other person or entity.


We may also terminate your account if it has been inactive for more than one year, with prior notice.
If you believe that we have suspended or terminated your account by mistake, please contact our team
.

Cancellation

You may cancel your subscription at any time by deleting your account. Due amounts will be charged and payments already made will not be refunded, except as required by law.

Termination

Both You and Maritaca AI may terminate this Agreement by written notice if: (a) the other Party materially breaches these T&C and does not remedy the breach within thirty (30) days after receiving written notification of the breach; or (b) the other party ceases its business operations or becomes subject to insolvency proceedings.
We may suspend your access or that of any End User to the Services, or terminate these T&C: (a) if required by law; (b) to prevent a security risk or other credible risk of harm or liability to us, the Services, or any third party; or (c) for repeated or material violations of the T&C.


Termination will not affect any rights or obligations, including the payment of amounts due, that have accrued under these T&C up to the date of termination or expiration. Upon termination, provisions that are intended by their nature to survive will continue in full force and effect. Upon termination of these T&C, we will delete all Customer Content from our systems within 30 days, unless we are legally required to retain it.

Discontinuation of Services and Warranties

 

We may decide to discontinue our Services at any time, with at least 30 days' prior notice.


We do not assure performance beyond what is explicitly described in the technical documentation, nor do we offer any additional warranties. We also do not guarantee that the Services will be uninterrupted, accurate, or error-free.

Limitation of Liability

To the extent permitted by law, we are not liable for any type of damage, including but not limited to, direct and indirect damages, losses (including information or data), damages, lost revenue, and lost profits, to You or any third parties. Our total liability will never exceed the amount You paid for the Service that gave rise to the claim.
 

This limitation extends to Maritaca AI's affiliates, suppliers, licensors, and distributors.

 

Indemnification

 

To the extent permitted by law, You will defend, indemnify, and hold us harmless from any costs, losses, liabilities, and expenses (including attorney's fees) arising from third-party claims related to the illegal use of the Services or any breach of these T&C.

Changes to these T&C or Our Services

 

We may update these T&C or our Services at any time and for any reason, regardless of prior notice.


If, in our assessment, an update significantly impacts Your rights or obligations, we will notify you at least 30 days in advance of such update taking effect, unless the update is necessary to comply with the law.


Any other update will be effective on the date the updated T&C are published. Your use of or access to the Services after the effectiveness of an update constitutes full acceptance of the update. If You do not agree with an update, you may stop using the Services or terminate this Agreement.


Except for an update required to comply with the law, updates to these T&C will not apply to disputes between You and Maritaca AI that arose before the update.

Miscellaneous

You may not use Our name and trademarks without Our prior written consent.


These T&C constitute the entire agreement between You and Maritaca AI and supersede all previous and contemporaneous discussions, communications, and understandings.


For all purposes under these T&C, You and Maritaca AI shall be and act as independent contractors and shall not bind nor attempt to bind the other party to any contract.


Maritaca AI shall not be liable for any failures or delays resulting from Force Majeure conditions, including but not limited to government actions or acts of terrorism, natural phenomena or other acts of God, labor conditions, or power failures.


We reserve the right to assign this Agreement to an affiliate, subsidiary, or successor in interest of any business associated with our Services without prior notice or Your consent. If, in our assessment, this may impact the provision of the Services, You will be notified in advance.


All notifications will be in writing using the registration information or email address associated with Your account.
Delay, tolerance, omission, or failure to enforce any of the provisions is not a waiver or novation, nor does it affect our right to exercise it at any time. If any part of these T&C is determined to be invalid or unenforceable, that part will be enforced to the maximum extent permissible and will not affect the enforceability of any other terms.


If any provision of these T&C is determined to be illegal or unenforceable, that provision will be limited or eliminated so that these remain in full force and effect and enforceable. The nullity or unenforceability, in whole or in part, of any provision or clause does not affect or invalidate the validity of the T&C as a whole.


The laws of Brazil will govern these T&C, and Maritaca AI, unilaterally, may select the court, however privileged it may be, to resolve disputes arising from these T&C.

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