Terms of Use for Papa Cow, Inc.

Effective update: 02/24/2023

Welcome to Papa Cow, Inc.These Terms of Use govern your use of our products and services, including our application programming interface, software, tools, developer services, data, documentation, and website . By using the Services, you agree to be bound by these Terms. Our Privacy Policy explains how we collect and use personal information.

1. Registration and Access

To use the Services, you must be 18 years or older and able to form a binding contract with Papa Cow, Inc. 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

2.1 Use of Services. You may access and 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, titles, and interests in and to the Services.

2.2 Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use them without restriction or compensation to you.

2.3 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.

2.4 Restrictions. You may not:

• use the Services in a way that infringes, misappropriates or violates any person’s rights;
• 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);
• use the Services to develop foundation models or other large scale models that compete with Papa Cow, Inc;
• 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;
• represent that output from the Services was human-generated when it is not; or
• 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 Papa Cow, Inc.

3. Content

3.1 Your Content. You may provide input to the Services , and receive output generated and returned by the Services based on the Input. 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, Papa Cow, Inc hereby assigns to you all its right, title and interest in and to Output. Papa Cow, Inc 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.

3.2 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 Papa Cow, Inc or a third party. For example, you may provide input to a model such as “What color is the banana?” and receive output such as “The banana is yellow.” 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.

3.3 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 Papa Cow, Inc 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@uture.ai 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.

3.4 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 infringes. support@uture.ai Written claims concerning copyright infringement must include the following information:

• use the Services in a way that infringes, misappropriates or violates any person’s rights;
• 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);
• use the Services to develop foundation models or other large scale models that compete with Papa Cow, Inc; 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;
• represent that output from the Services was human-generated when it is not; or
• 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 Papa Cow, Inc.

4. Fees and Payments

4.1 Fees and Billing. You will pay all fees charged to your account 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 Papa Cow, Inc 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.

4.2 Taxes. Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments. 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. Papa Cow, Inc 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.

4.3 Price Changes. We may change our prices by posting the 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, 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.

4.4 Disputes and Late Payments. If you want to dispute any Fees or Taxes, please contact support@uture.ai within thirty 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 is past due, we may suspend your access to the Services after we provide you with written notice of late payment.

4.5 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

5.1 Confidentiality. You may be given access to Confidential Information of Papa Cow, Inc, 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 Papa Cow, Inc or its affiliates or third parties designated 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:

• is or becomes generally available to the public through no fault of yours;
• you already possess without any confidentiality obligations when you received it under these Terms;
• is rightfully disclosed to you by a third party without any confidentiality obligations;
• you independently developed without using Confidential Information.

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 Papa Cow, Inc and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.

5.2 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 Papa Cow, Inc and provide details of the vulnerability or breach.

5.3 Processing of Personal Data. If your use of the Services involves the 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 Papa Cow, Inc for the processing of “personal data” as defined in the GDPR or “Personal Information,” please contact support@uture.ai to execute our Data Processing Addendum.

6. Duration and Termination

6.1 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 with 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.

6.2 Effect of Termination. Upon termination, you must stop using the Services and return or destroy any Confidential Information in your possession. The sections of these Terms that, by their nature, should survive termination or expiration will survive, including but not limited to Sections 3 and 5-8.

7. Indemnification; Disclaimer of Warranties; Limitations on Liability

7.1 Indemnity. You will defend, indemnify, and hold us, our affiliates, and our personnel harmless 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.

7.2 Disclaimer. The services are provided "as is." 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.

7.3 Limitations of Liability. 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

By using our Services, you agree to the following mandatory arbitration and class action waiver provisions:

8.1 Mandatory Arbitration. Any claims relating to these Terms or our Services must be resolved through final and binding arbitration, except that you may opt out of these arbitration terms, and any future changes to these arbitration terms, by emailing support@uture.ai within 30 days of agreeing to these arbitration terms or the relevant changes.

8.2 Informal Dispute Resolution. Before filing a claim against Papa Cow, Inc, you agree to try to resolve the dispute informally by sending us notice at support@uture.ai including your name, a description of the dispute, and the relief you seek. Any statute of limitations will be tolled during the 60-day resolution process.

8.3 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, Papa Cow, Inc will pay them for you. Papa Cow, Inc will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

8.4 Arbitration Procedures. The arbitration will be conducted by telephone, based on written submissions, via video conference, or in California, or at another mutually agreed location. The arbitration will be conducted by a sole arbitrator by ADR Services under its then-prevailing rules.