Términos y condiciones
Garantizamos la privacidad de sus datos
Terms of use
Updated
February 28, 2023
Thank you for using Aielep!
These Terms of Use apply when you use the products and
services of Aielep, GrammarCheck L.L.C. or our affiliates, including our
application programming interface, software, tools, developer services, data,
documentation, and website (“Services”). The Terms include our Service
Terms, Sharing & Publication Policy, Usage
Policies, and other documentation, guidelines, or policies we may provide
in writing. By using our Services, you agree to these Terms. . Our Privacy Policy explains how we collect and use
personal information.
1. Registration and Access
You must be at least 18 years old or have your parent or
legal guardian’s permission to use the Services. If you use the Services on
behalf of another person or entity, you must have the authority to accept the
Terms on their behalf. You must provide accurate and complete information to
register for an account. You may not make your access credentials or account
available to others outside your organization, and you are responsible for all
activities that occur using your credentials.
2. Usage Requirements
(a) Use of Services. You may access, and we grant you a
non-exclusive right to use, the Services in accordance with these Terms. You
will comply with these Terms and all applicable laws when using the Services.
We and our affiliates own all rights, title, and interest in and
to the Services.
(b) Feedback. We appreciate feedback, comments, ideas,
proposals and suggestions for improvements. If you provide any of these things,
we may use it without restriction or compensation to you.
(c) Restrictions. You may not (i) use the Services in a
way that infringes, misappropriates or violates any person’s rights; (ii)
reverse assemble, reverse compile, decompile, translate or otherwise attempt to
discover the source code or underlying components of models, algorithms, and
systems of the Services (except to the extent such restrictions are contrary to
applicable law); (iii) use the Services to develop foundation models or other
large scale models that compete with Aielep; (iv) use any method to extract
data from the Services, including web scraping, web harvesting, or web data
extraction methods, other than as permitted through the API; (v) represent that
output from the Services was human-generated when it is not; or (vii) buy,
sell, or transfer API keys without our prior consent. You will comply with any
rate limits and other requirements in our documentation. You may use Services
only in geographies currently
supported by Aielep.
(d) Third Party Services. Any third party software,
services, or other products you use in connection with the Services are subject
to their own terms, and we are not responsible for
third party products.
3. Content
(a) Your Content. You may provide input to the Services
(“Input”), and receive output generated and returned by the Services based on
the Input (“Output”). Input and Output are collectively “Content.” As between
the parties and to the extent permitted by applicable law, you own all Input,
and subject to your compliance with these Terms, Aielep hereby assigns to you
all its right, title and interest in and to Output. Aielep may use Content as
necessary to provide and maintain the Services, comply with applicable law, and
enforce our policies. You are responsible for Content, including for ensuring
that it does not violate any applicable law or these Terms.
(b) Similarity of Content. Due to the nature of machine
learning, Output may not be unique across users and the Services may generate
the same or similar output for Aielep or a third party. For example, you may
provide input to a model such as “What color is the sky?” and receive output
such as “The sky is blue.” Other users may also ask similar questions and
receive the same response. Responses that are requested by and generated for
other users are not considered your Content.
(c) Use of Content to Improve Services. One of the main
benefits of machine learning models is that they can be improved over time. To
help Aielep provide and maintain the Services, you agree and instruct that we
may use Content to develop and improve the Services. You can read more here
about how Content may be used to improve model performance. We
understand that in some cases you may not want your Content used to improve
Services. You can opt out of having Content used for improvement by
contacting support@aielep.com with
your organization ID. Please note that in some cases this may limit the ability
of our Services to better address your specific use case.
(d) Copyright Complaints. If you believe that your
intellectual property rights have been infringed, please send notice to the
address below. We may delete or disable content alleged to be infringing and
may terminate accounts of repeat infringers.
Aielep, GrammarCHeck L.L.C.
2769 Jefferson Davis Hwy
#111-Z143, Stafford, VA 22554
Attn: General Counsel / Copyright Agent
support@aielep.com
2769 Jefferson Davis Hwy
#111-Z143, Stafford, VA 22554
Attn: General Counsel / Copyright Agent
support@aielep.com
Written claims concerning copyright infringement must
include the following information:
- A
physical or electronic signature of the person authorized to act on behalf
of the owner of the copyright interest;
- A
description of the copyrighted work that you claim has been
infringed upon;
- A
description of where the material that you claim is infringing is located
on the site;
- Your
address, telephone number, and e-mail address;
- A
statement by you that you have a good-faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
- A
statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf.
4. Fees and Payments
(a) Fees and Billing. You will pay all fees charged to
your account (“Fees”) according to the prices and terms on the applicable
pricing page, or as otherwise agreed between us in writing. We have the right
to correct pricing errors or mistakes even if we have already issued an invoice
or received payment. You will provide complete and accurate billing information
including a valid and authorized payment method. We will charge your payment
method on an agreed-upon periodic basis, but may reasonably change the date on
which the charge is posted. You authorize Aielep and its affiliates, and our
third-party payment processor(s), to charge your payment method for the Fees.
If your payment cannot be completed, we will provide you written notice and may
suspend access to the Services until payment is received. Fees are payable in
U.S. dollars and are due upon invoice issuance. Payments are nonrefundable
except as provided in this Agreement.
(b) Taxes. Unless otherwise stated, Fees do not include
federal, state, local, and foreign taxes, duties, and other similar assessments
(“Taxes”). You are responsible for all Taxes associated with your purchase,
excluding Taxes based on our net income, and we may invoice you for such Taxes.
You agree to timely pay such Taxes and provide us with documentation showing
the payment, or additional evidence that we may reasonably require. Aielep uses
the name and address in your account registration as the place of supply for
tax purposes, so you must keep this information accurate and up-to-date.
(c) Price Changes. We may change our prices by posting
notice to your account and/or to our website. Price increases will be effective
14 days after they are posted, except for increases made for legal reasons or
increases made to Beta Services (as defined in our Service Terms), which will
be effective immediately. Any price changes will apply to the Fees charged to
your account immediately after the effective date of the changes.
(d) Disputes and Late Payments. If you want to dispute
any Fees or Taxes, please contact support@aielep.com within
thirty (30) days of the date of the disputed invoice. Undisputed amounts past
due may be subject to a finance charge of 1.5% of the unpaid balance per month.
If any amount of your Fees are past due, we may suspend your access to the
Services after we provide you written notice of late payment.
(e) Free Tier. You may not create more than one account
to benefit from credits provided in the free tier of the Services. If we believe
you are not using the free tier in good faith, we may charge you standard fees
or stop providing access to the Services.
5. Confidentiality, Security and Data Protection
(a) Confidentiality. You may be given access to
Confidential Information of Aielep, its affiliates and other third parties. You
may use Confidential Information only as needed to use the Services as
permitted under these Terms. You may not disclose Confidential Information to
any third party, and you will protect Confidential Information in the same
manner that you protect your own confidential information of a similar nature,
using at least reasonable care. Confidential Information means nonpublic
information that Aielep or its affiliates or third parties designate as
confidential or should reasonably be considered confidential under the
circumstances, including software, specifications, and other nonpublic business
information. Confidential Information does not include information that: (i) is
or becomes generally available to the public through no fault of yours; (ii)
you already possess without any confidentiality obligations when you received
it under these Terms; (iii) is rightfully disclosed to you by a third party
without any confidentiality obligations; or (iv) you independently developed
without using Confidential Information. You may disclose Confidential
Information when required by law or the valid order of a court or other
governmental authority if you give reasonable prior written notice to Aielep
and use reasonable efforts to limit the scope of disclosure, including
assisting us with challenging the disclosure requirement, in each
case where possible.
(b) Security. You must implement reasonable and
appropriate measures designed to help secure your access to and use of the Services.
If you discover any vulnerabilities or breaches related to your use of the
Services, you must promptly contact Aielep and provide details of the
vulnerability or breach.
(c) Processing of Personal Data. If your use of the
Services involves processing of personal data, you must provide legally
adequate privacy notices and obtain necessary consents for the processing of
such data, and you represent to us that you are processing such data in
accordance with applicable law. If you are governed by the GDPR or CCPA and
will be using Aielep for the processing of “personal data” as defined in the
GDPR or “Personal Information,” please contact support@aielep.com to execute our
Data Processing Addendum.
6. Term and Termination
(a) Termination. These Terms take effect when you first
use the Services and remain in effect until terminated. You may terminate these
Terms at any time for any reason by discontinuing the use of the Services and
Content. We may terminate these Terms for any reason by providing you at least
30 days’ advance notice. We may terminate these Terms immediately upon notice
to you if you materially breach Sections 2 (Usage Requirements), 5
(Confidentiality, Security and Data Protection), 8 (Dispute Resolution) or 9
(General Terms), if there are changes in relationships with third party
technology providers outside of our control, or to comply with law
or government requests.
(b) Effect on Termination. Upon termination, you will
stop using the Services and you will promptly return or, if instructed by us,
destroy any Confidential Information. The sections of these Terms which by
their nature should survive termination or expiration should survive, including
but not limited to Sections 3 and 5–8.
7. Indemnification; Disclaimer of Warranties; Limitations
on Liability
(a) Indemnity. You will defend, indemnify, and hold
harmless us, our affiliates, and our personnel, from and against any claims,
losses, and expenses (including attorneys’ fees) arising from or relating to
your use of the Services, including your Content, products or services you
develop or offer in connection with the Services, and your breach of these
Terms or violation of applicable law.
(b) Disclaimer. THE SERVICES ARE PROVIDED “AS IS.”
EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS
MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO
THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY
QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT
OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES
WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE
SECURE OR NOT LOST OR ALTERED.
(c) Limitations of Liability. NEITHER WE NOR ANY
OF OUR AFFILIATES OR LICENSORS WILL 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 BEFORE THE LIABILITY AROSE OR ONE
HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8. Dispute Resolution
YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS
ACTION WAIVER PROVISIONS:
(a) MANDATORY ARBITRATION. You and Aielep agree
to resolve any claims relating to these Terms or our Services through final and
binding arbitration, except that you have the right to opt out of these
arbitration terms, and future changes to these arbitration terms, by
emailing support@aielep.com within
30 days of agreeing to these arbitration terms or the relevant changes.
(b) Informal Dispute Resolution. We would like to
understand and try to address your concerns prior to formal legal action.
Before filing a claim against Aielep, you agree to try to resolve the dispute
informally by sending us notice at support@aielep.com
of your name, a description of the dispute, and the relief you seek. If we are
unable to resolve a dispute within 60 days, you may bring a formal proceeding.
Any statute of limitations will be tolled during the 60-day resolution process.
(c) Arbitration Forum. Either party may commence
binding arbitration through ADR Services, an alternative dispute resolution
provider. The parties will pay equal shares of the arbitration fees. If the
arbitrator finds that you cannot afford to pay the arbitration fees and cannot
obtain a waiver, Aielep will pay them for you. Aielep will not seek its
attorneys’ fees and costs in arbitration unless the arbitrator determines that
your claim is frivolous.
(d) Arbitration Procedures. The arbitration will be
conducted by telephone, based on written submissions, video conference, or in
person in San Francisco, California or at another mutually agreed location. The
arbitration will be conducted by a sole arbitrator by ADR Services under its
then-prevailing rules. All issues are for the arbitrator to decide, including
but not limited to issues relating to the scope, enforceability, and
arbitrability of this Section. The amount of any settlement offer will not be
disclosed to the arbitrator by either party until after the arbitrator
determines the final award, if any.
(e). Exceptions. This arbitration clause does not
require arbitration of the following claims: (i) individual claims brought in
small claims court; and (ii) injunctive or other equitable relief to stop
unauthorized use or abuse of the Services or intellectual
property infringement.
(f) NO CLASS ACTIONS. Disputes must be
brought on an individual basis only, and may not be brought as a plaintiff or
class member in any purported class, consolidated, or representative
proceeding. Class arbitrations, class actions, private attorney general
actions, and consolidation with other arbitrations are not allowed. If for any
reason a dispute proceeds in court rather than through arbitration, each party
knowingly and irrevocably waives any right to trial by jury in any action,
proceeding, or counterclaim. This does not prevent either party from
participating in a class-wide settlement of claims.
(g) Severability. If any part of this Section 8 is
found to be illegal or unenforceable, the remainder will remain in effect,
except that if a finding of partial illegality or unenforceability would allow
class or representative arbitration, this Section 8 will be unenforceable in
its entirety. Nothing in this Section will be deemed to waive or otherwise
limit the right to seek public injunctive relief or any other non-waivable
right, pending a ruling on the substance of such claim from
the arbitrator.
9. General Terms
(a) Relationship of the Parties. These Terms do not
create a partnership, joint venture or agency relationship between you and Aielep
or any of Aielep’s affiliates. Aielep and you are independent contractors and
neither party will have the power to bind the other or to incur obligations on
the other’s behalf without the other party’s prior written consent.
(b) Use of Brands. You may not use Aielep’s or any of
its affiliates’ names, logos, or trademarks, without our
prior written consent.
(c) U.S. Federal Agency Entities. The Services
were developed solely at private expense and are commercial computer software
and related documentation within the meaning of the applicable U.S. Federal
Acquisition Regulation and agency supplements thereto.
(d) Assignment and Delegation. You may not assign
or delegate any rights or obligations under these Terms, including in
connection with a change of control. Any purported assignment and delegation
shall be null and void. We may assign these Terms in connection with a merger,
acquisition or sale of all or substantially all of our assets, or to any
affiliate or as part of a corporate reorganization.
(e) Modifications. We may amend these Terms from time
to time by posting a revised version on the website, or if an update materially
adversely affects your rights or obligations under these Terms we will provide
notice to you either by emailing the email associated with your account or
providing an in-product notification. Changes will become effective no sooner
than 30 days after we notify you. All other changes will be effective
immediately. Your continued use of the Services after any change means you
agree to such change.
(f) Notices. All notices will be in writing. We
may notify you using the registration information you provided or the email
address associated with your use of the Services. Service will be deemed given
on the date of receipt if delivered by email or on the date sent via courier if
delivered by post. Aielep accepts service of process at this address: Aielep, GrammarCheck
L.L.C., 2769 Jefferson Davis Hwy, #111-Z143, Stafford, VA 22554, Attn: support@aielep.com.
(g) Waiver and Severability. If you do not comply
with these Terms, and Aielep does not take action right away, this does not
mean Aielep is giving up any of our rights. Except as provided in Section 8, if
any part of these Terms is determined to be invalid or unenforceable by a court
of competent jurisdiction, that term will be enforced to the maximum extent
permissible and it will not affect the enforceability of
any other terms.
(h) Export Controls. The Services may not be used in or
for the benefit of, exported, or re-exported (a) into any U.S. embargoed
countries (collectively, the “Embargoed Countries”) or (b) to anyone on the
U.S. Treasury Department’s list of Specially Designated Nationals, any other
restricted party lists (existing now or in the future) identified by the Office
of Foreign Asset Control, or the U.S. Department of Commerce Denied Persons
List or Entity List, or any other restricted party lists. You represent and
warrant that you are not located in any Embargoed Countries and not on any such
restricted party lists. You must comply with all applicable laws related to
Embargoed Countries or Restricted Party Lists, including any requirements or
obligations to know your end users directly.
(i) Equitable Remedies. You acknowledge that if
you violate or breach these Terms, it may cause irreparable harm to Aielep and
its affiliates, and Aielep shall have the right to seek injunctive relief
against you in addition to any other legal remedies.
(j) Entire Agreement. These Terms and any policies
incorporated in these Terms contain the entire agreement between you and Aielep
regarding the use of the Services and, other than any Service specific terms of
use or any applicable enterprise agreements, supersedes any prior or
contemporaneous agreements, communications, or understandings between you and Aielep
on that subject.
(k) Jurisdiction, Venue and Choice of Law. These Terms
will be governed by the laws of the State of California, excluding California’s
conflicts of law rules or principles. Except as provided in the “Dispute
Resolution” section, all claims arising out of or relating to these Terms will
be brought exclusively in the federal or state courts of Stafford, Virginia, USA.