Terms & Conditions
These Terms and Conditions (“T&C”) apply to the use of the web chat (“Chat”), local models (“Local”), Maritaca API (“API”) and any other services, collectively referred to as (“Services”), of Maritaca AI (“We”) for individuals and legal entities (“You”), and are binding. By using our Services, You fully accept and agree to this content.
By using our Services, You acknowledge and accept that artificial intelligence and machine learning techniques are constantly evolving and that, due to 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 at Your sole risk.
1. Registration and Access
By using our Services, You confirm that You are at least 18 years old, that all information provided is accurate and current, and that You will not share or transfer Your credentials. You are solely responsible for all activities under Your account.
If You are a legal entity or a representative of an entity, You confirm You are legally able to enter into contracts and that You have legal authority to bind such entity.
2. Use of the Services
We own all our Services and grant You a non-exclusive right of access and use, 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 Your End Users do as well. You also confirm our Services will not be used for any illegal, harmful or abusive activities, such as:
- (a) using the Services in a way that violates any laws or Maritaca AI T&C;
- (b) using the Services in a way that infringes, violates or misappropriates someone else's rights;
- (c) impersonating content generated by our Services;
- (d) reverse engineering, decompiling, translating, engaging in model extraction or model theft attacks, or trying to discover the source code or underlying components of the Services (except to the extent these restrictions are contrary to law);
- (e) using the Generation to develop any AI models that compete with our products and Services or any entity associated with Us;
- (f) using any method to extract data from the Services that is not allowed via the APIs;
- (g) buying, selling or transferring API keys to or from third parties;
- (h) interfering or disrupting our Services, including bypassing rate limits or security measures.
3. Software
Our Services may contain third-party software governed by their own licenses, such as the billing service.
4. Content
You are responsible for input data (“Input”), including from Your Users, and must ensure it does not violate any applicable law or these T&C. You represent and warrant that You and/or Your Users have all necessary rights, licenses and permissions to provide Input to our Services. You are solely responsible for all use of the Generation and for evaluating its accuracy and suitability for Your use case.
Maritaca AI does not use Input or any data, except for billing-metric calculations such as token counts. User data is not used to train our models.
When You use our Services, You understand and agree that:
- Due to the probabilistic nature of machine learning, Generation may not always be accurate. You should not rely on 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 should not use any Generation related to a person for any purpose that may have a legal or material impact on them.
- Our Services may produce incomplete, incorrect or offensive Generation, which does not represent our view. References to third-party products or services do not imply endorsement or affiliation with Maritaca AI.
5. Personal Data and Privacy
In all activities related to the Services, the Parties shall comply with the duties and obligations regarding personal data protection and shall handle data in accordance with applicable law.
If You use the Services to process personal data of Your End User, You must: (a) provide legally adequate privacy notices and obtain necessary consents for processing personal data via the Services; and (b) process personal data in accordance with applicable law.
6. Confidentiality
“Confidential Information” means any information, material, commercial, technical or financial subject disclosed by one party (“Discloser”) to the other party (“Receiver”) that is identified as confidential at the time of disclosure or that should reasonably be understood by the Receiver as confidential. The Receiver agrees to: (a) use the Discloser's Confidential Information only to exercise its rights and perform its obligations under these T&C; (b) take reasonable measures to protect Confidential Information; and (c) not disclose Confidential Information to third parties except as expressly permitted herein.
7. Our Intellectual Property Rights
We own all rights, title, ownership and interest in our Services, name, brand and logo.
8. Paid Accounts and Billing
By purchasing any Service, You authorize the charge and will provide accurate, complete and current information including a valid payment method. We, or our third-party payment processors, will automatically charge Your chosen payment method until You cancel Your account. If a payment cannot be completed, we may suspend Your access to the Services until payment is received.
9. Changes
We reserve the right to change our subscription pricing with 30 days' prior notice. We also reserve the right to correct billing errors even after invoice issuance or payment.
10. Termination and Suspension
You are free to stop using our Services at any time. We reserve the right to suspend or terminate Your access or delete Your account if we determine that: (a) You violated these T&C or any law; (b) we need to do so to comply with the law; or (c) Your use poses risk or harm to Maritaca AI, its 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.
11. Cancellation
You may cancel Your subscription at any time by deleting Your account. Owed amounts will be charged and payments already made will not be refunded, except where required by law.
12. Termination of Agreement
Either You or Maritaca AI may terminate this Agreement upon written notice if: (a) the other Party materially breaches these T&C and does not cure the breach within thirty (30) days; or (b) the other party ceases business operations or becomes subject to insolvency proceedings.
13. Service Discontinuation and Warranties
We may discontinue our Services at any time with at least 30 days' prior notice.
We do not guarantee performance beyond what is explicitly described in the technical documentation, nor do we offer any additional warranty. We do not guarantee that the Services will be uninterrupted, accurate or error-free.
14. Limitation of Liability
To the extent of the law, we are not liable for any damages, including but not limited to direct and indirect damages, losses (including information or data), revenues and lost profits, etc., to You or any third parties. Our total liability shall never exceed the amount You paid for the Service that gave rise to the claim.
15. Indemnification
To the extent permitted by law, You will defend, hold harmless and indemnify us from any costs, losses, liabilities and expenses (including legal fees) arising from third-party claims related to illegal use of the Services or any violation of these T&C.
16. 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 judgment, an update significantly impacts Your rights or obligations, we will provide at least 30 days' notice before the update takes effect, unless legally required.
17. Miscellaneous
You may not use Our name and brands without Our prior written consent.
These T&C are the entire agreement between You and Maritaca AI and supersede all prior or contemporaneous discussions, communications and understandings.
Brazilian law governs these T&C, and Maritaca AI may, at its sole discretion, choose the venue, however privileged, to resolve issues arising from these T&C.