Thank you for choosing EVAI!
These Terms of Use pertain to your utilization of EVAI’s services, including associated software applications and websites, hereinafter referred to as the “Services.” These Terms constitute a binding agreement between you and EVAI by Scale Group Inc., a company based in Palm Beach, FL 33480. By accessing or using our Services, you acknowledge your acceptance of these Terms.
For users in the European Economic Area, Switzerland, or the UK, these terms apply accordingly.
Our Business Terms govern the utilization of EVAI’s services designed for enterprises, our APIs, and other corporate offerings.
To understand how we handle your personal information, please consult our Privacy Policy, which, while separate from these Terms, is a crucial document we recommend reviewing.
Who We Are
EVAI is an AI research and deployment organization dedicated to advancing artificial general intelligence for the benefit of all. For more information about EVAI, kindly visit https://evai.com/about.
Account Registration and Access
Minimum Age Requirement: To use our Services, you must be at least 13 years old or meet the minimum age required by your country to consent to the use of these Services. If you are under 18, you must have the permission of your parent or legal guardian to use the Services.
Registration: When registering for an account, you are obligated to provide accurate and complete information. You must not share your account credentials or allow others access to your account. Any activity under your account is your responsibility. If you create an account or use the Services on behalf of another individual or entity, you must possess the requisite authority to accept these Terms on their behalf.
Utilizing Our Services
Permitted Actions: Subject to your adherence to these Terms, you may access and employ our Services. In doing so, you must adhere to all relevant laws and adhere to our Sharing & Publication Policy, Usage Policies, and other documentation, guidelines, or policies we make accessible to you.
Prohibited Actions: Usage of our Services for illicit, harmful, or abusive activities is strictly forbidden. For instance, you may not:
– Employ our Services in a manner that infringes upon, misappropriates, or violates anyone’s rights.
– Alter, duplicate, lease, sell, or distribute any of our Services.
– Attempt to reverse engineer, decompile, or discover the source code or underlying components of our Services, including models, algorithms, or systems, except where prohibited by applicable law.
– Automatically or programmatically extract data or Output (defined below).
– Misrepresent Output as human-generated when it is not.
– Disrupt or interfere with our Services, including circumventing rate limits, restrictions, or safety measures.
Software: Our Services may offer software downloads, including mobile applications, which may automatically update to ensure you are using the latest version. Our software may incorporate open-source software governed by separate licenses we have provided to you.
Corporate Domains: If you create an account using an email address affiliated with an organization, your account may be linked to the organization’s business account. This may grant the organization’s administrator control over your account, including access to Content (defined below) and the ability to restrict or terminate your account.
Third Party Services: Our services may encompass third-party software, products, or services (“Third Party Services”), and certain aspects of our Services, such as our browsing feature, may incorporate output from these services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, for which we bear no responsibility.
Feedback: We value your feedback and may employ it without limitation or compensation to you.
Content
Your Content: You may input data into the Services (“Input”) and receive results (“Output”) based on this Input. Input and Output together constitute “Content.” You are responsible for your Content, ensuring that it adheres to all applicable laws and these Terms. You confirm that you possess all necessary rights, licenses, and permissions to provide Input to our Services.
Ownership of Content: In relation to your Content, you (a) retain ownership rights over Input and (b) gain ownership of Output. We hereby transfer to you any rights, titles, or interests, if any exist, in and to Output.
Similarity of Content: Due to the nature of our Services and artificial intelligence, Output may not be unique, and other users may receive similar Output. Our assignment of rights does not extend to other users’ Output or Third Party Output.
Our Use of Content: We may use Content to provide, enhance, develop, and refine our Services, adhere to applicable laws, enforce our terms and policies, and maintain the security of our Services.
Opt Out: Should you prefer that we refrain from utilizing your Content to train our models, you can opt out as outlined in our Help Center article. Please note that this may impact the Services’ ability to address your specific use case effectively.
Accuracy: Artificial intelligence and machine learning are continually evolving fields. While we strive to improve the accuracy, reliability, safety, and utility of our Services, machine learning’s probabilistic nature may yield Output that does not precisely reflect real individuals, places, or facts. By using our Services, you understand and accept that:
– Output may not consistently provide accurate information.
– Relying solely on Output for factual information or professional advice is discouraged.
– It is your responsibility to assess Output’s accuracy and suitability for your specific use, including implementing human review when necessary.
– You must not employ any Output related to an individual for purposes with potential legal or material consequences for that person, such as credit, education, employment, housing, insurance, legal, medical, or other significant decisions.
Furthermore, our Services may produce incomplete, erroneous, or offensive Output that does not necessarily reflect EVAI’s standpoint. Any reference to third-party products or services in Output does not imply endorsement or affiliation with EVAI.
Our Intellectual Property Rights
We and our affiliates hold all rights, titles, and interests in and to the Services. You may only utilize our name and logo in accordance with our Brand Guidelines.
Paid Accounts
Billing: If you purchase any Services, you are required to provide accurate billing information, including a valid payment method. For paid subscriptions, your payment method will be charged automatically at agreed-upon intervals until you cancel. You are responsible for all applicable taxes, and taxes will be charged as required. Failure to complete payment may lead to downgrading your account or suspension of access until payment is received.
Service Credits: Some Services may be prepaid through the purchase of service credits, subject to our Service Credit Terms.
Cancellation: You have the option to cancel your paid subscription at any time. Payments are generally non-refundable, unless mandated by law. Local laws concerning cancellation rights take precedence over these Terms. We will provide at least 30 days’ notice of any price increases, allowing you to cancel if you disagree with the changes.
Termination and Suspension
Termination: You are free to discontinue using our Services whenever you wish. We reserve the right to suspend or terminate your access or delete your account under certain circumstances, including but not limited to:
– Breach of these Terms or our Usage Policies.
– Legal compliance necessitating such action.
– Your use of our Services posing a risk or harm to EVAI, our users, or others.
We may also terminate inactive accounts without paid subscriptions that have been dormant for over a year, providing advance notice when doing so.
Appeals: If you believe that your account’s suspension or termination is erroneous, you may submit an appeal to our Support team for review
Discontinuation of Services
While we endeavor to provide a consistent and reliable experience, EVAI reserves the right to discontinue its Services. In such an event, we will provide you with advance notice and offer refunds for any prepaid, unused Services.
Disclaimer of Warranties
OUR SERVICES ARE OFFERED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVAI AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE MAKE NO GUARANTEES THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, ERROR-FREE, OR SECURE, AND WE DO NOT WARRANT THE PRESERVATION OF ANY CONTENT.
YOU ACKNOWLEDGE AND ACCEPT THAT ANY USE OF OUTPUTS GENERATED BY OUR SERVICE IS AT YOUR SOLE RISK. YOU SHOULD NOT RELY EXCLUSIVELY ON OUTPUT AS A SOURCE OF TRUTH OR FACTUAL INFORMATION OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
Limitation of Liability
NEITHER EVAI NOR ANY OF OUR AFFILIATES OR LICENSORS SHALL 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 SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRIOR TO THE LIABILITY ARISING OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Certain countries and states may not allow the disclaimer of specific warranties or the limitation of particular damages, so some or all of the terms above may not be applicable to you, and you may have additional rights. In such cases, these Terms only restrict our obligations to the greatest extent allowed by the laws of your country of residence.
OPENAI’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.
Indemnity
If you are a business or organization, to the extent permitted by law, you will indemnify and hold us, our affiliates, and our personnel harmless from any costs, losses, liabilities, and expenses (including attorneys’ fees) stemming from third-party claims related to your use of the Services and Content, or any violation of these Terms.
Dispute Resolution
YOU AND EVAI AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
MANDATORY ARBITRATION: Any claims arising from or related to these Terms or our Services, regardless of when the claim arose, shall be resolved through final and binding arbitration. You may opt out of arbitration within 30 days of creating your account or within 30 days of any updates to these arbitration terms by completing this form. If you opt out of an update, the previous set of agreed-upon arbitration terms will apply.
Informal Dispute Resolution: Before either party initiates formal legal action, we agree to attempt an informal resolution of any Dispute. You can initiate this process by sending us notice through this form, and we will respond via the email address associated with your account. If the Dispute remains unresolved after 60 days, either party may commence arbitration. During this period, both parties agree to participate in an individual settlement conference upon request. The statute of limitations will be tolled during this informal resolution process.
Arbitration Forum: In cases where we cannot resolve the Dispute, either party may commence arbitration through National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures, and/or Supplemental Rules for Mass Arbitration Filings, as applicable (available here). EVAI will not seek attorneys’ fees and costs in arbitration unless the arbitrator deems your claim frivolous. Activities outlined in these Terms fall under interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of these arbitration terms and any arbitration proceedings.
Arbitration Procedures: Arbitration will be conducted via videoconference where possible. However, if the arbitrator deems an in-person hearing necessary, the location will be mutually agreed upon or determined by the arbitrator, within the county of your residence, unless the batch arbitration process applies. A sole arbitrator, either a retired judge or a licensed attorney in Florida, will oversee the arbitration. The arbitrator shall have exclusive authority to resolve any Dispute, except for matters related to the enforceability, validity of the class action waiver, or requests for public injunctive relief, which are described below. Any settlement offers will be disclosed to the arbitrator only after the final award determination.
Exceptions: Informal dispute resolution or arbitration is not required for (i) individual claims filed in small claims court, or (ii) requests for injunctive or other equitable relief to prevent unauthorized use, abuse of the Services, or intellectual property infringement or misappropriation.
CLASS AND JURY TRIAL WAIVERS: Both parties agree that Disputes must be pursued individually, and neither party may participate in any class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are strictly prohibited. Parties may only litigate requests for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not preclude either party from participating in class-wide settlements. Additionally, both parties knowingly and irrevocably waive the right to a trial by jury in any action, proceeding, or counterclaim.
Severability: If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect. However, if partial illegality or unenforceability would permit class arbitration, class action, or representative action, the entire dispute resolution section shall be unenforceable in its entirety.
Copyright Complaints
If you believe that your intellectual property rights have been infringed, please notify us at the address below or by completing this form. We may remove or disable content we believe violates these Terms or is alleged to infringe, and we may terminate accounts of repeat infringers as appropriate.
EVAI, Scale Group Inc.
441 Seabreeze Ave.
Palm Beach, FL 33480
Written claims regarding copyright infringement must include the following:
– A physical or electronic signature of the authorized representative of the copyright owner.
– A description of the copyrighted work allegedly infringed upon – Information on the location of the allegedly infringing material on our platform to enable us to locate it.
– Your contact information, including your address, phone number, and email address.
– A statement from you asserting that you genuinely believe the disputed use is not authorized by the copyright owner, its agent, or the law.
– A statement from you, made under penalty of perjury, confirming the accuracy of the information provided and affirming that you are the copyright owner or authorized to act on the copyright owner’s behalf.
General Terms
Assignment: You may not assign or transfer any rights or obligations under these Terms, and any such attempt will be void. EVAI reserves the right to assign its rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest associated with its Services.
Changes to These Terms or Our Services: EVAI continually strives to enhance and develop its Services. Therefore, we may periodically update these Terms or our Services accordingly. Such updates may occur for reasons such as changes in the law, regulatory requirements, security or safety concerns, unforeseen circumstances, technological advancements, or other reasons related to improving our Services. We will provide you with at least 30 days’ advance notice of material changes to these Terms, either via email or an in-product notification. All other changes will be effective as soon as they are posted on our website. If you do not agree to these changes, you must discontinue using our Services.
Delay in Enforcing These Terms: The failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision in the future. Except as stipulated in the dispute resolution section above, if any portion of these Terms is deemed invalid or unenforceable, such portion will be enforced to the maximum extent permissible and will not affect the enforceability of the remaining terms.
Trade Controls: You must adhere to all applicable trade laws, including sanctions and export control laws. Our Services may not be used in, 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 employed for any end use prohibited by applicable trade laws, and your Input may not include material or information requiring a government license for release or export.
Entire Agreement: These Terms constitute the entire agreement between you and EVAI concerning the Services, superseding all previous or contemporaneous agreements between you and EVAI a Scale Group Inc company, except for any Service-specific terms.
Governing Law: Florida law shall govern these Terms, excluding its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising from or related to these Terms shall be exclusively brought in the federal or state courts of Palm Beach, Florida.
Thank you for choosing EVAI. If you have any further questions or concerns about these Terms or any other matter related to our Services, please do not hesitate to contact us.