Key points
- A free, private hobby service, not a company product. It is run by one person (the Operator) for people they invite. It is provided "as is", with no guarantees, and it can change or stop at any time.
- Adults only. You must be at least 18 years old.
- You're talking to AI, and it can be wrong. Replies come from computer programs, not people. They can be offensive or simply made up. They are not legal, medical, financial or safety advice. You are responsible for how you use them.
- Admins can read and search chats while the "Admins can read chats" setting is on, which is the default. Backups the Operator downloads while it is on also include everyone's chats.
- Don't type sensitive information. That means health details, financial or ID numbers, passwords, or other people's personal details. Free AI providers may keep your messages, and some, such as Google's free Gemini tier, may use them to improve their products and let their staff read them.
- Support is best effort. You can report problems in the app or by email, but there is no promised response time, and admins reply as "FLUXBOT Support" or "Admin 001" and so on, not by name (section 14).
- Follow the rules in section 10. The Operator can suspend or remove any account or content at any time.
- Your data can be lost. Nothing is guaranteed to be kept, so keep your own copies of anything important.
- The Operator's liability is limited to US$10 as far as the law allows. You agree to cover the Operator's costs if your use leads to claims against them.
- Disputes go to small claims court or individual arbitration. Talk to the Operator first. There are no class actions or jury trials, and you can opt out of arbitration within 30 days (section 21).
This summary is here to help you. It is not a substitute for the full Terms below, which are what legally apply.
1 Agreeing to these Terms
These Terms of Use ("Terms") are a legal agreement between you and the Operator (see section 2). They cover your use of FLUXBOT, the private AI chat workspace at fluxbot.cc and cardinalgo.org, and of any backup address that runs the same workspace (together, the "Service").
You accept these Terms by creating an account or using the Service. When the Operator turns on acceptance in the app, you will also be asked to tick a box that says "I agree to the Terms and Privacy Policy" when you create your account or when a new version is posted, and the app won't let you continue until you do; that box also confirms that you are at least the minimum age. If you reach any part of the Service without having ticked a box, for example because acceptance in the app is turned off or through a direct request to its API, you may do so only if you agree to these Terms.
If you do not agree, do not create an account or use the Service.
The Privacy Policy explains what information the Service collects, who receives it and who can see it. By accepting these Terms, you confirm that you have read the Privacy Policy and consent to the practices it describes. The Privacy Policy describes how the Service works. It is not a contract and does not add promises or obligations to these Terms.
If you use the Service for a business or other organization, you confirm that you are authorized to accept these Terms for it, and "you" then includes that organization.
Important: please read sections 16 to 18 and 21
Sections 16 to 18 disclaim warranties, limit the Operator's liability and make you responsible for claims caused by your use. Section 21 says most disputes must go to small claims court or to final, binding, individual arbitration. It rules out jury trials and class actions. You can opt out of arbitration within 30 days, as explained in section 21.6.
2 Who runs the Service
The Service is run by the person who operates this workspace, called the "Operator" ("we", "us" and "our" in these Terms). The Operator is a private individual, or that person's small business, who owns this workspace (its owner account) and runs it at their own expense for themselves and for people they invite.
The Service is not a commercial product:
- it is free, with no paid plans and no ads;
- there is no service-level commitment;
- there is no support team or promised response time; help is informal and best effort (see section 14).
The Operator can give other people the Admin role (manages people and settings; a few actions, such as full backups and restores, are reserved for the Operator) or the Inviter role (can create invite links). Where these Terms give the Operator a right, for example to moderate, suspend or remove content or accounts, admins may use that right too.
Only the Operator, or an admin acting with the Operator's written authority, can change these Terms or the legal details shown on these pages. Nothing an Inviter or other user says changes them.
3 Who can use the Service
- By invitation only. You may use the Service only if you were invited through a valid invite link, or if an admin created your account.
- Adults only. You must be at least 18 years old. The Service is not directed to, and must not be used by, anyone younger.
- Provider age rules. Some AI providers, including Google's Gemini API, may only be used by adults and in services not likely to be used by minors. This is one reason the Service is for adults only.
- Location. The Service is meant only for people in the United States. Do not use it if you are in the European Economic Area, the United Kingdom or Switzerland, and do not try to get around this, for example with a VPN. The Operator may block access from those places. One reason is that some of the free AI services the Service relies on may not be offered to people there. Do not use the Service anywhere it would be illegal for you to do so.
- Not barred. You must not use the Service if the law bars you from it (see section 24). The same applies if the Operator has removed your account before, unless the Operator agrees otherwise.
4 Your account and invite links
- Be accurate. Do not choose a username or display name that impersonates someone else or is offensive. Your display name is sent to the AI with your messages (see section 8), so consider using a first name or nickname.
- One person per account. Do not share your account, your password or a signed-in session. Do not sell, transfer or lend your account.
- Keep your password safe. Use a strong password you don't use anywhere else, and sign out on shared devices. If an admin gives you a temporary password, replace it with your own. You are responsible for everything done through your account, including by anyone who gets in because you shared your password or didn't keep it safe.
- Tell us about problems. If you think someone else has used your account, tell an admin or the Operator right away. You can see your signed-in devices and sign them out in the app.
- Invite links. If you are an Inviter or an admin, share invite links only with people you know and trust, and never post them publicly. Anyone who opens your link sees your display name and any note you add. You are responsible for the people you invite knowing about these Terms. Admins can turn off invite links at any time.
- Admin actions. Admins can pause your account, sign it out, reset your password, change your name, role, daily limit or assigned AI model, or remove your account (see section 11). They can also manage what is inside your account: for example rename or delete chats, delete uploads, add or delete memories, reset settings, wipe the account's contents, or download a copy of it. You may not be told when this happens, and you won't be told which admin did it: admins appear to you as "FLUXBOT" or as "Admin 001", "Admin 002" and so on. The Privacy Policy explains the details.
- Extra rules for admins. If you have the Admin role, you agree:
- to access other people's chats, uploads, IP addresses, locations and other data only when needed to run, secure or moderate the workspace or to comply with the law;
- to keep what you see confidential, and not to copy, share or publish it except to the Operator or as the law requires;
- to keep any backup files and API keys secure and delete them when you no longer need them;
- that you act for yourself, not as the Operator's employee or agent, except when carrying out a specific instruction from the Operator.
5 What the Service is (and isn't)
The Service lets you chat with AI models run by third-party providers (see section 13). You can also:
- upload images and documents;
- speak your messages and have replies read aloud;
- save "memories" and custom instructions;
- organize chats with pins and folders;
- share a read-only link to a chat with other members of the workspace;
- report problems to the admins (see section 14).
- Free. There are no fees. If that ever changes, you will be told first, and you won't be charged unless you agree.
- No guaranteed availability. The Service may be slow, unavailable or broken at any time. The same applies to any AI model. The hosting and AI providers run on free plans with monthly or daily allowances. When an allowance runs out, the whole Service or some models may stop working until it resets. Providers can also retire models, change their rules or shut down free projects without notice.
- The Operator's own AI. The Operator may offer a model that runs on their own computer. It can be slower than the others, and it works only while that computer is on and connected.
- Automatic switching. If a model fails or is busy, the Service may send your message to a backup model or provider without asking you, including a provider you didn't choose (the "auto-switch" feature).
- Workspace instructions. Admins can give the AI standing instructions for the whole workspace, and can offer "modes" that add their own instructions. You don't see the workspace instructions, and they take priority over your own custom instructions.
- Announcements. Admins may post announcements with extra guidance. Announcements don't change these Terms; if one conflicts with these Terms, these Terms win.
- Limits and switches. Admins may set limits, for example on messages per day, which models you can use, file sizes or features. They may also turn features off for non-admins: AI chat, sign-ups, uploads, voice or sharing. "Lockdown" lets only admins sign in.
- Changes. The Operator may change, suspend or stop any part of the Service, or the whole Service, at any time, for any reason, with or without notice.
- Not for high-risk use. Do not use the Service where a failure, an error or wrong output could lead to death, injury, property or environmental damage, or serious financial loss. It is not an emergency service.
6 AI output: important limits
"Output" means anything an AI model produces for you. That includes replies, the "reasoning" text some models show, transcriptions and generated speech. Output is produced automatically by third-party AI models. The Operator does not write, check or approve it.
- You're talking to AI. Replies come from computer programs, not people. No admin or other person writes them.
- It can be wrong. Output may be inaccurate, incomplete, outdated, biased, offensive or inappropriate. It may be completely made up, including facts, quotes, citations, links and code that look convincing. "Reasoning" text can also be wrong and may not show how the answer was actually produced. Other people may receive similar or identical output.
- Output about people and other people's work. Output may contain false or private statements about real people, or copy parts of other people's copyrighted work or trademarks. Don't publish or act on statements about real people without checking them, and make sure you have the rights before you use output publicly.
- It is not professional advice. Output is not legal, medical, mental-health, financial, tax, investment, insurance, engineering or safety advice. Using the Service does not create any professional relationship. Check anything important with a qualified professional.
- Don't rely on it alone. Do not use output as the only basis for decisions about health, money, legal rights, safety, jobs, housing, credit, education or other important matters, whether for yourself or for anyone else.
- Check code before you use it. Code in output can contain bugs or security flaws. Review and test it before you run it, and never run it on systems or data you can't afford to damage.
- Safety features are imperfect. The optional content filter and "safe mode" may miss harmful content, or block content that is harmless.
- In a crisis, contact people who can help. In the US, call 911 in an emergency, or call or text 988 to reach the 988 Suicide & Crisis Lifeline.
- You are responsible. You are responsible for what you ask the AI and for how you use, share or publish output. That includes making sure your use is legal, does not infringe anyone's rights and follows the AI providers' usage policies. Don't present output as written by a person where that would mislead people.
7 Admin access and monitoring
The Privacy Policy gives full details. The most important points are these:
- Admins can read and search chats. While the workspace setting "Admins can read chats" is on (the default), admins can see a list of everyone's chats and their titles, open and read any chat read-only (including AI replies and uploaded images), and search for words inside everyone's messages. You are told about this on the sign-in and sign-up page, when you first sign in, and under the message box. Opening a chat, viewing its images and searching inside messages are recorded in the activity log; seeing the list of chats and filtering it by title are not. The setting can be turned on at any time. While it is on, admins can read all existing chats, including chats written while it was off.
- Even with that setting off, don't assume the Operator can't see your content. The Operator runs the storage and holds the encryption key. Backups the Operator downloads while that setting is on also include everyone's chats.
- Admins see account and security details. These include your name and username, role, last-seen time, usage counts, signed-in devices, IP addresses, approximate location, sign-in history, reply feedback, content-filter flags and your support requests (including any chat message quoted in them).
- Your consent. By using the Service (and by ticking "I agree" whenever you are asked to), you give your express, prior consent to the access, searching, logging, monitoring and review described in this section and in the Privacy Policy, for everything you send through the Service. You also confirm that you have any permission needed for information about other people that you include. As far as the law allows, you have no expectation of privacy in your content toward the Operator and admins.
- Disclosure. The Operator may review and disclose information to run and secure the Service, investigate possible violations, comply with the law, or protect people's safety and rights, as the Privacy Policy describes.
8 Don't enter sensitive information
Do not type, upload, say or save any of the following as a memory:
- health or medical information;
- bank, card or other financial account numbers;
- Social Security numbers or other government ID numbers;
- passwords, API keys or other secrets;
- precise location;
- information about anyone's sex life, sexual orientation, religion, ethnicity, immigration status or criminal record;
- other people's personal information without their permission;
- confidential information you aren't allowed to share.
Why this matters:
- Your messages are sent to third-party AI providers, mostly on their free tiers. Your display name (or your username, if you haven't set one) goes with every message.
- Some of those providers may keep your messages or use them to improve their products. For example, Google's unpaid Gemini API tier allows human reviewers to read prompts, and Google tells developers not to send it sensitive or personal information.
- Some model hosts reached through OpenRouter's free models may log prompts or train on them.
- Admins may be able to read your messages.
The Service is not designed for regulated data, and you must not use it for such data. Examples include protected health information under HIPAA, payment card data, student records and information collected from children.
Business use. If you use the Service for a business, you alone are responsible for any customer, employee or other personal information you submit, and for your own legal duties about it. The Operator is not your data processor, service provider, business associate or vendor under any law or contract. The Operator does not sign data processing agreements, business associate agreements or security questionnaires, and makes no security, confidentiality or compliance commitments beyond these Terms. Do not submit your customers' or employees' personal information.
If you enter sensitive information anyway, you do so at your own risk.
9 Your content
"Your content" means what you submit to the Service: messages, files, images, voice recordings, memories, custom instructions, names and feedback.
- You keep your rights. You keep whatever rights you have in your content.
- Permission you give the Operator. You give the Operator a worldwide, non-exclusive, royalty-free license, which the Operator may sublicense as described here, to host, store, copy, encrypt, process, transmit and display your content and your output as needed to operate, secure, maintain and improve the Service, enforce these Terms and comply with the law. This includes sending it to the AI, speech, hosting and security providers described in section 13 and the Privacy Policy, showing it to you, to people you share it with and to admins as these Terms describe, and backing it up and restoring it. You understand and agree that those providers keep and use what they receive under their own terms. For some free tiers, such as Google's unpaid Gemini API and some free models reached through OpenRouter, that includes using it to improve their products and letting human reviewers read it. The license ends when the content is deleted from the Service, except for (a) copies already sent to third-party providers, which the Operator can't recall; (b) copies kept in backups, logs and records under the Privacy Policy's retention periods or as the law requires; and (c) content you shared before deleting it.
- Output. Between you and the Operator, the Operator does not claim ownership of output generated for you. However, output may not be protected by copyright, may be similar to output others receive and may contain third-party material. The AI providers' terms may also affect your rights in it.
- Your promises. You promise that you have all the rights needed to submit your content and to let it be processed as described. You also promise that your content does not break the law, these Terms or anyone else's rights, including intellectual property, privacy and publicity rights.
- Share links. When you create a share link, any signed-in member of the workspace who has the link can read that chat until you turn the link off. Anyone who reads it may copy it, and the Operator can't control what they do with it.
- Memories. Saved memories are added to the instructions of every chat, so they are sent to the AI providers with your messages. A message that starts with words like "remember that" or "don't forget" is saved as a memory automatically. You can turn memory off in Settings.
10 Acceptable use rules
You must not use the Service, or try to use it, to do any of the following, or help anyone else do them:
- Break the law. This includes planning or promoting illegal activity.
- Child sexual abuse material. Never create, request, upload or share material that sexualizes minors, and never attempt to groom or exploit a child. Apparent child sexual exploitation will be reported to the National Center for Missing & Exploited Children and to law enforcement.
- Harassment and hate. Do not harass, bully, threaten, stalk, intimidate or defame anyone, and do not promote violence or hatred against people.
- Non-consensual sexual content. Do not create or share intimate or sexual content of real people without their consent. This includes "deepfakes".
- Malware and cyberattacks. Do not create or spread malware, ransomware, phishing or spam, or gain unauthorized access to anyone's systems or accounts.
- Weapons and violence. Do not get instructions for weapons that can cause mass casualties (biological, chemical, nuclear or radiological), for explosives, or for illegal weapons. Do not plan violence or terrorism.
- Self-harm. Do not promote or encourage suicide, self-harm or eating disorders.
- Privacy violations. Do not dox, track, surveil or profile people. Do not collect or process other people's personal or sensitive information without the right to do so. Do not identify people from images without their consent.
- Intellectual property. Do not infringe or misappropriate copyrights, trademarks, trade secrets or rights of publicity.
- Deception. Do not impersonate a person or organization, run fraud or scams, or run disinformation or election-interference campaigns. Do not pass off AI output as written by a person where that would deceive people.
- High-stakes decisions. Do not make automated decisions that have legal or similarly significant effects on people without meaningful human review. Examples include decisions about jobs, credit, housing, insurance, education, healthcare and legal matters. Do not offer professional services to others based on output.
- Security. Do not probe, scan or test the Service's security, and do not try to break or get around it. This includes:
- authentication, access controls, rate limits and bot protection;
- getting into accounts or data that aren't yours;
- tampering with requests, cookies or form fields;
- getting around kill switches, lockdown, usage limits, the content filter or safe mode;
- "jailbreaking" or prompt-injecting the AI to make it break these rules or a provider's rules.
- Overloading the Service. Do not use bots, scrapers, scripts or bulk requests, or use the Service's API other than through the app. Do not use the Service in ways that overload it or drain its free quotas.
- Reselling or extraction. Do not share, sell, resell, rent or sublicense access. Do not use the Service or its output to build a competing service, or to train other AI models where a provider's terms forbid it.
- Harmful files. Do not upload viruses or other harmful or deliberately corrupted files.
- Provider rules. Do not break the usage policies of the AI, hosting or security providers (section 13).
- No companion use. Do not set up or use the Service, including custom instructions, memories or modes, as a romantic partner, friend or emotional companion, or as a substitute for therapy or counseling.
- Network rules. Do not use the Service to get around the rules or network restrictions of your school, employer or any other network owner.
If you see something that breaks these rules, please tell an admin.
11 Moderation, suspension and removal
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The Operator's rights. The Operator and admins may, but don't have to, take any of these actions:
- monitor, review, filter, block, flag or remove any content;
- pause, limit, sign out, reset or remove any account;
- turn any feature off.
- Content filter and safe mode. An admin can turn on a word filter. It can block or flag messages, and either way it keeps an excerpt that admins can see (see the Privacy Policy). In block mode, it also refuses custom instructions or memories that contain blocked words. "Safe mode" tells the AI to keep replies family-friendly. Neither is perfect.
- No duty to monitor. The Operator is not responsible for content that users submit or that AI models produce. If the Operator doesn't act on something, that doesn't mean it is allowed.
- Reporting. The Operator may report content or activity, and share related information, with law enforcement or other authorities when the law requires it or when the Operator believes in good faith that doing so is needed to prevent harm.
- Legal protections. Nothing in these Terms waives any protection the Operator has under the law, including 47 U.S.C. § 230.
12 Storage, backups and data loss
- No promise to keep anything. The Operator does not have to store, keep or back up your content or account. Content may be lost, corrupted or deleted at any time. Possible causes include bugs, outages at providers, the hosting account running out of its free allowance, the Operator restoring an older backup, your account being removed, or the Operator shutting the Service down.
- Keep your own copies. You are responsible for saving copies of anything important to you.
- Limits and clean-up. The Operator may set storage limits, and may delete content (including old or unused images) or inactive accounts, with or without notice.
- Backups. Backup files the Operator downloads are kept outside the Service, and the Service does not control them. Restoring an older backup can bring back content, including content you deleted after that backup was made. If that happens, tell the Operator and ask for it to be deleted again.
13 Third-party services
The Service depends on independent companies:
- AI providers: Groq, Google (Gemini API), and OpenRouter together with the model hosts it routes requests to.
- Hosting and storage: Netlify.
- Network, security and bot protection: Cloudflare, including its optional Turnstile check and, if the Operator connects their own AI, Cloudflare Tunnel.
- Fonts: Google Fonts.
Their own terms and privacy policies apply to what they receive. The Operator does not control these companies and is not responsible for anything they do or fail to do. That includes their outages, security incidents, data practices, price changes, model retirements and changes to their free tiers.
You agree to follow the provider usage rules that apply to what you send, including:
- Groq's Acceptable Use & Responsible AI Policy;
- Google's Generative AI Prohibited Use Policy and Gemini API Additional Terms;
- OpenRouter's Terms.
Links to other websites are for convenience only and are not endorsements.
14 Support requests and feedback
14.1 Support requests
You can ask for help or report a problem in these ways:
- with the Report a problem button in the app;
- by telling the AI that something in the Service is broken. While chat reports are turned on, the AI may send a short report to the admins for you, and a note under its reply tells you when it does;
- by email to the support address shown in the app.
How support works:
- Best effort, no guarantees. Support is informal. The Operator and admins help when they can, with no guaranteed response time. The Operator doesn't promise to answer every request, to fix any particular problem, or to fix it by a certain time.
- Who answers. Replies to requests made in the app arrive in your notifications and are signed "FLUXBOT Support" or "Admin 001" and so on, not with a person's name.
- How reports are used. The Operator may use support requests and problem reports, including the details the Privacy Policy describes, to find and fix problems and to improve the Service. Ideas and suggestions in them count as feedback under 14.2; the personal information in them is handled as the Privacy Policy describes.
- Keep them clean. Don't put sensitive information in a support request (see section 8), and don't use support requests to harass anyone or to flood the admins.
- Not legal notice. A support request made in the app, or a report the AI files, is not a legal notice to the Operator. Send legal notices to the contact address in section 27.
14.2 Feedback
You may send feedback, such as ideas, suggestions, bug reports, 👍/👎 votes and comments on replies. If you do, you give the Operator a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose, with no obligation or payment to you. Feedback is not confidential.
15 Copyright complaints
If you believe content in the Service infringes your copyright, send a written notice to the Operator at the contact address in section 27. It must include:
- your physical or electronic signature, as the copyright owner or someone authorized to act for them;
- a description of the copyrighted work;
- a description of the material you say infringes, with enough detail for the Operator to find it;
- your name, address, phone number and email address;
- a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law;
- a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act for the copyright owner.
Counter-notice. If your content was removed and you believe that was a mistake or a misidentification, you may send a counter-notice. It must include:
- your signature;
- a description of the removed material and where it was;
- a statement, under penalty of perjury, that you believe in good faith it was removed by mistake or misidentification;
- your name, address and phone number;
- your consent to the jurisdiction of the federal district court for your address (or, if you are outside the US, any district where the Operator may be found);
- your agreement to accept service of process from the person who complained.
In appropriate circumstances, the Operator will remove the accounts of people who repeatedly infringe copyright. Anyone who knowingly makes a false claim in a notice or counter-notice may be liable for damages (17 U.S.C. § 512(f)).
16 No warranties
Important: no warranties
THE SERVICE, ALL CONTENT AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE OPERATOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY. THIS INCLUDES ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
The Operator does not promise any of the following:
- that the Service will be available, uninterrupted, timely, secure or error-free;
- that it will be free of viruses or harmful code;
- that your content will be kept and not lost;
- that output will be accurate, reliable, complete, lawful or appropriate;
- that defects will be fixed.
You use the Service and any output at your own risk. You alone are responsible for any damage to your devices and for any loss of data.
Admins, Inviters and other users make no warranties either. Some places don't allow implied warranties to be excluded. If that applies to you, implied warranties are limited to the shortest period and the smallest extent the law allows.
17 Limitation of liability
In this section, the "Operator Parties" are the Operator and every admin, Inviter or other person who helps run the Service, but only for acts within that role.
Important: limits on what you can recover
TO THE FULLEST EXTENT PERMITTED BY LAW:
- THE OPERATOR PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. THEY WILL ALSO NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR OPPORTUNITY, OR FOR THE COST OF SUBSTITUTE SERVICES. THIS APPLIES TO ANYTHING ARISING OUT OF OR RELATING TO THE SERVICE, ANY OUTPUT, THESE TERMS OR THE PRIVACY POLICY, EVEN IF THE OPERATOR PARTIES WERE TOLD SUCH DAMAGES WERE POSSIBLE.
- THE OPERATOR PARTIES' TOTAL COMBINED LIABILITY FOR ALL CLAIMS OF ANY KIND WILL NOT BE MORE THAN THE GREATER OF: (i) THE AMOUNT YOU PAID THE OPERATOR FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, WHICH IS ZERO FOR THIS FREE SERVICE; OR (ii) TEN US DOLLARS (US$10).
-
WITHOUT LIMITING THE ABOVE, THE OPERATOR PARTIES ARE NOT LIABLE FOR:
- OUTPUT, OR ANYONE'S RELIANCE ON IT;
- THIRD-PARTY SERVICES, AND HOW THEY HANDLE YOUR INFORMATION;
- THE CONTENT OR CONDUCT OF OTHER USERS;
- UNAUTHORIZED ACCESS TO, OR CHANGES TO, YOUR ACCOUNT, CONTENT OR TRANSMISSIONS;
- LOSS OF DATA;
- INTERRUPTIONS OR SHUTDOWN OF THE SERVICE;
- ANY ACTION TAKEN UNDER SECTION 11.
- THESE LIMITS APPLY WHATEVER THE LEGAL THEORY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND STATUTE. THEY APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
The Service is free. The Operator would not offer it without these limits, and they are a fair basis of this agreement.
Nothing in these Terms limits liability that the law does not allow to be limited. Depending on where you live, that can include liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence. Where the law restricts these limits, liability is limited to the smallest amount the law allows.
18 Indemnity and release
Indemnity. You will defend (if the Operator asks), indemnify and hold harmless the Operator Parties against all claims, demands, losses, damages, liabilities, fines, penalties, costs and expenses, including reasonable attorneys' fees, that arise out of or relate to:
- your content;
- your use or misuse of the Service or of output;
- your breach of these Terms or of any law;
- your violation of anyone's rights;
- your breach of a third-party provider's terms or policies that apply to your use;
- use of your account by anyone you let in, or by anyone who got in because you didn't keep your password safe.
This section doesn't apply to the extent a claim was caused by an Operator Party's own fraud, gross negligence or willful misconduct.
The Operator may take control of the defense of any claim, and you will cooperate. You may not settle a claim that affects an Operator Party without the Operator's written consent.
Release. Disputes between you and other users are between you and them. To the fullest extent permitted by law, you release the Operator Parties from claims arising out of other users' content or conduct.
If you live in California, you waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You also waive any similar law elsewhere.
19 Ending your use
- You can stop at any time. You can delete your chats and memories and sign out your devices yourself. To have your whole account deleted, ask the Operator or an admin.
- The Operator can end things at any time. The Operator may suspend or end your access for any reason or for no reason, with or without notice, and may shut the Service down completely.
- What happens next. Your right to use the Service ends, and your account and content may be deleted. Some records are kept until their retention periods end, as described in the Privacy Policy. Backup files the Operator has downloaded are outside the Service.
- What survives. Sections 6 to 9 (section 9 for copies still held), 12 to 18 and 21 to 27 continue to apply after your use ends, along with anything else that by its nature should.
20 Changes to the Service and these Terms
- The Operator may change the Service at any time.
- The Operator may update these Terms and the Privacy Policy. When the Operator does, the version number shown on this page goes up. If acceptance in the app is turned on, the app will ask you to review and accept the new version the next time you visit and won't let you keep using the Service until you do; it records which version you accepted and when, and the new version applies from the time you accept it. If acceptance in the app is turned off, the new version applies from its effective date, and using the Service after that date means you accept it.
- If you don't accept a new version, stop using the Service. You can ask for your account to be deleted.
- The Operator may correct typos or formatting without changing the version, as long as the change doesn't affect your rights.
- The Operator keeps copies of earlier versions of these Terms and the Privacy Policy. Ask the Operator if you need one.
- Changes to section 21 never apply to a dispute the Operator already knew about before the change.
21 Resolving disputes
Important: this section affects your legal rights
Please read it carefully. It requires disputes to be resolved individually in small claims court or by binding arbitration, not by a jury and not in a class action. You can opt out of arbitration within 30 days, as explained in 21.6.
21.1 Talk first
Before either side starts a claim, the side with the complaint must send the other a written notice and try in good faith to resolve it informally for 60 days, except for requests for urgent relief under 21.4. The notice must give:
- your name and username;
- how to contact you;
- what the problem is;
- what you want.
Send your notice to the contact address in section 27. The Operator will send notices to you through an in-app notification or to an email address you have given.
21.2 Small claims court
Either side may bring an individual claim in small claims court, in the county where you live or in the state or country where the Operator lives, as long as the claim qualifies and stays there.
21.3 Binding individual arbitration
Any other dispute, claim or controversy arising out of or relating to these Terms, the Privacy Policy or the Service will be resolved by final and binding individual arbitration under the Federal Arbitration Act. This includes disputes about whether this arbitration agreement applies.
- Administration. The American Arbitration Association (AAA) will run the arbitration under its Consumer Arbitration Rules, with a single arbitrator.
- If the AAA can't act. If the AAA is unavailable or declines to administer the arbitration, the parties will agree on another arbitration provider. If they can't agree within 30 days, either of them may ask a court to appoint an arbitrator under 9 U.S.C. § 5. This agreement to arbitrate stays in effect.
- Hearing. The hearing will be by video or phone, or in the county where you live. Claims under US$10,000 may be decided on written submissions alone.
- Fees. Filing and arbitrator fees are paid as the applicable rules require.
- Relief. The arbitrator may award any individual relief a court could award. Declaratory or injunctive relief may be awarded only in favor of the individual party seeking it, and only as far as needed to give relief on that party's individual claim.
- Enforcement. A judgment on the award may be entered in any court with jurisdiction.
- Court decides some questions. A court, not the arbitrator, decides questions about 21.2, 21.4, 21.5 and 21.6.
21.4 Exceptions
Either side may ask a court for an injunction or other urgent relief to stop:
- misuse of intellectual property;
- unauthorized access to the Service or its data;
- a breach of section 10's security rules.
21.5 No class actions and no jury
YOU AND THE OPERATOR EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY. NEITHER OF YOU MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE OPERATOR EACH WAIVE THE RIGHT TO A JURY TRIAL.
If a court decides that this class-action waiver can't be enforced for a particular claim, only that claim goes to court, not arbitration. It will be put on hold until any individual arbitration is finished.
If the law that applies doesn't allow a claim for public injunctive relief to be waived, that claim (and only that claim) will be decided in court after any individual arbitration is finished; all other claims stay in arbitration.
21.6 Your right to opt out of arbitration
You can opt out of 21.3 by sending a written notice to the Operator within 30 days after you first accept these Terms. The notice must give:
- your name;
- your username;
- a clear statement that you opt out of arbitration.
Send it to the contact address in section 27.
If you opt out, 21.1 still applies. Disputes then go to the courts described in section 22, and the rest of these Terms, including the class-action and jury waivers in 21.5 as far as the law allows, still applies. Opting out won't affect how you are treated.
21.7 Changes to this section
If the Operator changes this section, you may reject the change by written notice within 30 days of accepting the new version. If you do, the earlier version of this section keeps applying to disputes between you and the Operator.
21.8 If part of this section is invalid
If any part of this section (other than 21.5) is found unenforceable, the rest still applies.
22 Governing law and courts
These Terms, and any dispute arising out of or relating to them or the Service, are governed by these laws:
- the laws of the state or country where the Operator lives, without regard to conflict-of-laws rules;
- US federal law where it applies, including the Federal Arbitration Act for section 21.
The UN Convention on Contracts for the International Sale of Goods does not apply.
Disputes that don't go to arbitration or small claims court must be brought only in the state or federal courts located in the state or country where the Operator lives. You and the Operator consent to those courts' personal jurisdiction and venue.
This section does not take away mandatory consumer protections of the place where you live that cannot be waived by contract.
23 Time limit for claims
To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after it arose, or within the shortest longer period the law allows if one year is not allowed. A claim by an Operator Party under section 18 arises when that Operator Party receives the third-party claim. Filing means starting it in small claims court, in arbitration or in court. If it isn't filed in time, the claim is permanently barred. The 60-day informal period in 21.1 does not count toward that time limit.
24 Export controls and sanctions
You must follow US export-control and sanctions laws when you use the Service. By using it, you confirm the following:
- you are not located in, or ordinarily resident in, a country or region under a comprehensive US embargo;
- you are not on a US government restricted-party list, such as the Treasury Department's Specially Designated Nationals list;
- you won't use the Service to export controlled technology or for a prohibited end use, such as weapons of mass destruction.
25 Electronic communications and signatures
- You agree to receive communications electronically. These include in-app notices and notifications, emails if you have given an address, and updates to these pages. Electronic communications satisfy any legal requirement for a communication to be in writing.
- Ticking "I agree" or accepting an updated version in the app, or using the Service after the effective date when acceptance in the app is turned off, is your electronic signature. It has the same effect as signing on paper.
- You can print or save this page to keep a copy.
26 General legal terms
- Entire agreement. These Terms are the whole agreement between you and the Operator about the Service, and they replace any earlier agreement about it.
- Severability. If any provision is found unenforceable, it will be changed only as much as needed to make it enforceable, or removed, and the rest stays in effect.
- No waiver. If the Operator doesn't enforce a provision, or enforces it late, that is not a waiver of it.
- Assignment. You may not assign or transfer these Terms or your account without the Operator's written consent. The Operator may assign these Terms, for example to a person or organization that takes over running the workspace.
- Force majeure. The Operator is not responsible for delays or failures caused by events beyond reasonable control. Examples include:
- natural disasters;
- power or internet failures;
- outages, shutdowns or policy changes at hosting or AI providers;
- cyberattacks;
- government action, war, unrest or epidemics;
- the Operator's illness, incapacity or death.
- No third-party beneficiaries. Nobody else has rights under these Terms, except the Operator Parties under sections 16 to 18.
- Relationship. These Terms create no partnership, employment, agency or fiduciary relationship.
- Interpretation. Headings, the Key points box and other summaries are for convenience only and are not binding. "Including" means "including without limitation". The English version controls.
27 Contact
- Operator
- the person who operates this workspace
- Contact address
- [email protected]
- Governing law
- the state or country where the Operator lives
Send legal notices in writing to the contact address above. These include dispute notices, arbitration opt-outs and copyright notices. A notice takes effect only when it is received at that address. Messages to admins, Inviters or other users, including through the app, and support requests or problem reports made in the app, are not legal notice to the Operator.