Thank you for choosing SolidReturn's services!
These Terms of Use govern your use of SolidReturn Lda.'s services and those of our affiliates. Our services encompass a wide range of offerings, including our application programming interface, software, tools, developer services, data, documentation, and websites collectively referred to as 'Services.' The Terms of Use encompass our Service Terms, Sharing & Publication Policy, Usage Policies, and any additional documentation, guidelines, or policies provided in writing. By using our Services, you signify your agreement to these Terms. For details regarding the collection and utilization of personal information, please refer to our Privacy Policy.
To access our Services, you must be at least 13 years old. If you are under 18, you must obtain permission from your parent or legal guardian to use the Services. If you are using the Services on behalf of another person or entity, you must possess the legal authority to accept these Terms on their behalf. It is crucial to provide accurate and complete information during the account registration process. You are prohibited from sharing your access credentials or account with individuals outside your organization, and you are held responsible for any activities carried out using your credentials.
(a) Use of Services. You are granted non-exclusive access and usage rights to our Services in accordance with these Terms. When using the Services, you are required to adhere to these Terms and comply with all applicable laws. Please note that all rights, title, and interest in the Services are owned by us and our affiliates.
(b) Feedback. We highly value feedback, comments, ideas, proposals, and suggestions for improvement. If you provide any of these, we may use them without restrictions or compensation to you.
(c) Restrictions. You must not:
(i) Utilize the Services in a manner that infringes, misappropriates, or violates any individual's rights.
(ii) Attempt to reverse assemble, reverse compile, decompile, translate, or otherwise uncover the source code or underlying components of the models, algorithms, and systems within the Services, except as permitted by applicable law.
(iii) Use the output from the Services to create models.
(iv) Except as authorized through the API, employ any automated or programmatic methods to extract data or output from the Services, including actions like scraping, web harvesting, or web data extraction.
(v) Misrepresent that output from the Services was human-generated when it was not, or otherwise violate our Usage Policies.
(vi) Engage in the purchase, sale, or transfer of API keys without obtaining our prior consent.
(vii) Send us any personal information of children under 13 or the applicable age of digital consent. You are required to adhere to any rate limits and other requirements outlined in our documentation.
(d) Third Party Services. Any third-party software, services, or other products you use in conjunction with our Services are subject to their own terms, and we bear no responsibility for third-party products.
(a) Your Content. You have the option to provide input to the Services ("Input") and receive output generated and returned by the Services based on the Input ("Output"). Collectively, Input and Output are referred to as "Content." To the extent permitted by applicable law, you retain ownership of all Input. In accordance with these Terms, SolidReturn hereby assigns to you all of its rights, title, and interest in and to Output. This grants you the freedom to use Content for various purposes, including commercial applications such as sale or publication, provided you adhere to these Terms. SolidReturn may utilize Content to deliver and maintain the Services, comply with relevant laws, and enforce our policies. You are responsible for the Content, including ensuring that it complies with applicable laws and these Terms.
(b) Similarity of Content. Due to the inherent nature of machine learning, Output may not be unique across users, and the Services may produce identical or similar output for SolidReturn or a third party. For instance, if you input a question like "What color is the sky?" and receive a response such as "The sky is blue," other users may pose similar questions and receive the same response. Responses requested by and generated for other users are not considered your Content.
(c) Use of Content to Improve Services. We do not utilize Content that you provide to or receive from our API ("API Content") for the development or enhancement of our Services. However, we may use Content from Services other than our API ("Non-API Content") to assist in the development and improvement of our Services. You can find more information on how Non-API Content may be used to enhance model performance in our documentation.
(d) Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We continuously work to enhance our Services for greater accuracy, reliability, safety, and benefit. Given the probabilistic nature of machine learning, using our Services may, in certain situations, yield incorrect Output that may not accurately represent real people, places, or facts. It is essential to evaluate the accuracy of any Output for your specific use case, which may include employing human review of the Output.
(a) Fees and Billing
You are responsible for paying all fees associated with your account ("Fees") in accordance with the prices and terms displayed on the applicable pricing page or as otherwise mutually agreed upon in writing. We reserve the right to rectify pricing errors or inaccuracies, even if invoices have already been issued or payments received. It is essential that you furnish accurate and complete billing information, including a valid and authorized payment method. We will bill your chosen payment method on a predetermined periodic basis, with the flexibility to adjust the billing date within reason. By using our Services, you grant SolidReturn and its affiliates, along with our third-party payment processor(s), the authorization to charge your payment method for the Fees. In the event of a failed payment, we will issue written notice and may suspend access to the Services until payment is received. All Fees are payable in U.S. dollars and become due upon invoice issuance. Please note that payments are generally nonrefundable, except as stipulated in this Agreement.
(b) Taxes
Unless otherwise specified, the Fees do not include federal, state, local, or foreign taxes, duties, or similar assessments ("Taxes"). It is your responsibility to handle any Taxes associated with your purchase, excluding Taxes based on our net income, for which we may invoice you. Timely payment of such Taxes and the provision of any necessary documentation or additional evidence we reasonably request are part of your responsibilities. For tax purposes, SolidReturn considers the name and address in your account registration as the place of supply, so it is imperative to keep this information accurate and up-to-date.
(c) Price Changes
We reserve the right to adjust our pricing, and any such changes will be communicated through your account and/or on our website. Price modifications will take effect 14 days after their announcement, except for changes mandated by legal requirements or alterations related to Beta Services (as defined in our Service Terms), which will be immediately effective. Any price alterations will apply to Fees charged to your account right after the effective date of the changes.
(d) Disputes and Late Payments
If you wish to dispute any Fees or Taxes, please contact us at support@solidreturn.dev within thirty (30) days of the disputed invoice's date. Uncontested overdue amounts may be subject to a finance charge of 1.5% of the unpaid balance per month. In case of overdue Fees, we may suspend your access to the Services after providing written notice of the late payment.
(e) Free Tier
To maintain the integrity of our free tier of services, creating multiple accounts to exploit free-tier benefits is not allowed. If we have reason to believe that the free tier is being misused, we may either charge standard fees or discontinue access to the Services.
(a) Confidentiality
As part of your use of the Services, you may gain access to Confidential Information from SolidReturn, its affiliates, and other third parties. You are allowed to utilize Confidential Information solely for the purpose of using the Services in accordance with these Terms. Confidential Information should not be disclosed to any third party, and you must safeguard it with the same level of care as you would with your own similarly sensitive confidential information, taking at least reasonable precautions. Confidential Information encompasses nonpublic data designated as confidential by SolidReturn, its affiliates, or third parties, or information that, under the circumstances, should reasonably be treated as confidential. This includes software, specifications, and other nonpublic business-related information. Confidential Information does not encompass information that: (i) is generally accessible to the public without your involvement; (ii) you already possessed without any confidentiality obligations under these Terms; (iii) was properly disclosed to you by a third party without any confidentiality restrictions; or (iv) you independently developed without utilizing Confidential Information. In situations where disclosure is mandated by law or a valid court order, or any governmental authority, you may reveal Confidential Information. However, you must provide prior written notice to SolidReturn and exert reasonable efforts to limit the extent of disclosure, including assisting in challenging the disclosure requirement whenever possible.
(b) Security
You are obligated to implement reasonable and suitable measures to ensure the security of your access to and utilization of the Services. If you uncover any vulnerabilities or breaches related to your use of the Services, it is your responsibility to promptly inform SolidReturn and furnish details regarding the identified vulnerability or breach.
(c) Processing of Personal Data
If you employ the Services for processing personal data, you must furnish legally adequate privacy notices and secure the necessary consents for such data processing. You confirm that you are processing this data in compliance with applicable laws. If you intend to use the SolidReturn API for processing "personal data" as defined in GDPR or "Personal Information" as defined in CCPA, please complete the provided form to request the execution of our Data Processing Addendum.
(a) Termination and Suspension
These Terms become effective when you first utilize the Services and continue in force until terminated. You have the right to terminate these Terms at any time, for any reason, by discontinuing the use of the Services and Content. We reserve the right to terminate these Terms for any reason, providing you with a minimum of 30 days' advance notice. We may terminate these Terms immediately upon notifying you if you materially breach Sections 2 (Usage Requirements), 5 (Confidentiality, Security, and Data Protection), 8 (Dispute Resolution), or 9 (General Terms), if changes occur in relationships with third-party technology providers beyond our control, or to comply with legal requirements or government requests. We may suspend your access to the Services if you fail to adhere to these Terms, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or may expose us or any third party to liability.
(b) Effects of Termination
Upon termination, you are required to discontinue the use of the Services, and you should promptly return or, as instructed by us, destroy any Confidential Information. Sections of these Terms that, by their nature, should persist after termination or expiration will do so. This includes, but is not limited to, Sections 3 and 5-9, which will continue to be in effect.
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.
Certainly, here's an improved version of the "Indemnity," "Disclaimer," and "Limitations of Liability" sections in your "Terms of Use":
(a) Indemnity
You agree to defend, indemnify, and hold harmless us, our affiliates, and our personnel from any claims, losses, and expenses (including attorneys' fees) that arise from or are related to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and any breaches of these Terms or violations of applicable law.
(b) Disclaimer
THE SERVICES ARE PROVIDED "AS IS." EXCEPT AS OTHERWISE PROHIBITED BY LAW, WE, ALONG WITH OUR AFFILIATES AND LICENSORS, MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) REGARDING THE SERVICES. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT. ADDITIONALLY, ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING OR TRADE USAGE ARE DISCLAIMED. WE CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE, OR THAT ANY CONTENT WILL BE SECURE AND UNALTERED.
(c) Limitations of Liability
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THESE DAMAGES MAY INCLUDE LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY UNDER THESE TERMS WILL 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). THESE LIMITATIONS STIPULATED IN THIS SECTION ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
Arbitration and Dispute Resolution
(a) Mandatory Arbitration
You and SolidReturn both agree to resolve any past or present claims related to these Terms or our Services through a final and binding arbitration process. However, you have the option to opt out of these arbitration terms and any future changes to them. To do so, please complete this opt-out form within 30 days of accepting these arbitration terms or any relevant modifications.
(b) Informal Dispute Resolution
Prior to pursuing formal legal action, we encourage you to attempt to address and resolve your concerns through informal means. If you have a dispute with SolidReturn, you agree to make a good-faith effort to resolve it informally by notifying us at support@solidreturn.dev. Your notice should include your name, a description of the dispute, and the relief you are seeking. If we are unable to resolve the dispute within 60 days, you may proceed with a formal legal proceeding. Please note that any applicable statute of limitations will be paused during the 60-day resolution process. If you reside in the EU, you can access the European Commission's online dispute resolution platform at https://ec.europa.eu/consumers/odr.
(c) Arbitration Forum
Either party can initiate binding arbitration through ADR Services, an alternative dispute resolution provider. The arbitration fees will be shared equally between the parties. If the arbitrator determines that you cannot afford the arbitration fees and cannot obtain a waiver, SolidReturn will cover these costs for you. SolidReturn will not seek reimbursement for its attorneys' fees and costs in arbitration, unless the arbitrator deems your claim to be frivolous.
(d) Arbitration Procedures
The arbitration process can be conducted through various means, such as telephone, written submissions, video conference, or in person, either in San Francisco, California, or at another mutually agreed location. A sole arbitrator, selected by ADR Services according to their prevailing rules, will oversee the arbitration. All matters related to the dispute will be decided by the arbitrator, except for issues pertaining to (i) the scope, enforceability, and arbitrability of this Section 8, including the mass filing procedures discussed below, and (ii) whether you have met the pre-arbitration requirements in this section. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator has determined the final award, if any.
(e) Exceptions
This arbitration provision does not mandate arbitration for the following types of claims: (i) individual claims filed in small claims court, and (ii) claims seeking injunctive or other equitable relief to halt unauthorized use or abuse of the Services or protect against intellectual property infringement.
(f) No Class Actions
Disputes must be pursued on an individual basis, and may not be filed as a plaintiff or as a class member in any supposed class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. If, for any reason, a dispute is litigated in court rather than through arbitration, each party voluntarily and irrevocably waives their right to a trial by jury in any action, proceeding, or counterclaim. However, this does not prevent either party from participating in a class-wide settlement of claims.
(g) Mass Filings
In the event that 30 or more similar arbitration demands are made against SolidReturn or related parties by the same or coordinated counsel or entities, referred to as a "Mass Filing," ADR Services will assign sequential numbers to each of the Mass Filings. Claims numbered 1-10 will be considered "Initial Test Cases" and will proceed to arbitration first. The arbitrators will issue a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference, unless the claims are resolved beforehand or the parties mutually agree to extend the deadline. Afterward, the parties will have 90 days (the "Mediation Period") to attempt to resolve the remaining cases through mediation based on the awards from the Initial Test Cases. If the parties cannot resolve the outstanding claims during this time, they may opt out of the arbitration process and proceed in court by providing written notice to the other party within 60 days following the Mediation Period. If not, the remaining cases will be arbitrated in their assigned order. Any statute of limitations will be paused from the moment the Initial Test Cases are selected until your case is chosen as described above.
(h) Severability
If any part of this Section 8 is found to be illegal or unenforceable, the remainder will remain in effect. However, if a finding of partial illegality or unenforceability would enable Mass Filings or class or representative arbitration, this Section 8 will be rendered unenforceable in its entirety. Nothing in this section will be considered a waiver or limitation of the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim by the arbitrator.