Current as of October 26, 2023
Terms & Conditions
By accessing our website, you are agreeing to be bound by these terms of
service, and agree that you are responsible for compliance with any
applicable local laws.
Introduction & Overview
Welcome to Pixie - an AI assistant ("Service") powered by White Cloak
Technologies, Inc. ("Company," "we," "us," or "our"). These terms and
conditions ("Terms") outline the rules and regulations governing the use
of Pixie.
1. Acceptance of Terms 1.1. By accessing or using the Service, you confirm that you have read, understood, and accepted the provisions of the Terms and Privacy Policy,1.2. You also confirm that your age and legal capacity permit you to enter into an agreement with the Company.1.3. Lastly, you also confirm that you have the authority to act on behalf of any entity you represent. If you do not agree to these Terms, please refrain from using the Service.
2. Artificial Intelligence and Context Usage 2.1. In order to come up with “Responses” to your queries, Pixie uses “Inputs” based on the training data you fed it which come from your file uploads or through the WYSIWYG Editor. These inputs and responses are collectively referred to as “Context”.2.2. Subject to your compliance with these Terms, you own all input and the Company hereby assigns to you all the rights and interest in and to your generated responses. Given this, you are responsible for ensuring that the Context does not violate any applicable law or these Terms.2.3. When you use the Service, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of the Context in a manner that is consistent with your privacy preferences and our Privacy Policy.2.4. The license you grant us can be terminated at any time by deleting the Context. However, to the extent that we (or our partners) have used the Context in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.2.5. When you delete any Context, it may continue to exist elsewhere on our systems where: 2.5.1. Immediate deletion is not possible due to technical limitations, in which case, the Context will be deleted as soon as the technical limitations are resolved; 2.5.2. The Context has been used by others in accordance with this license and they have not deleted it, in which case, this license will continue to apply until that content is deleted; or 2.5.3. Where immediate deletion would restrict our ability to: 2.5.3.1. Investigate or identify illegal activity or violations of our terms and policies, such as misuse of our application or systems; 2.5.3.2. Comply with a legal obligation, such as the preservation of evidence; or 2.5.3.3. Comply with a request of a judicial or administrative authority, law enforcement, or a government agency; 2.5.3.3.1. In which case, the Context
will be retained for no longer than is necessary for the
purposes for which it has been retained (the exact
duration will vary on a case-to-case basis).2.5.4. In each of the above cases, this license will continue until the Context has been fully deleted. 2.6. Pixie may use the Context as necessary to provide and maintain the Services.
3. Account 3.1. You may create an Account using your Google account or by manual registration. Account creation includes agreeing to receive newsletters and promotional materials.3.2. You must provide accurate, complete, and current information during Account setup. Doing otherwise may lead to immediate Account termination.3.3. You agree to accept responsibility for any and all issues surrounding the maintenance of the confidentiality of your account and password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
4. Data Responsibility, Privacy, and Security 4.1. You may upload your Files and Data, subject to size and file type parameters, to our servers. Any information relevant to your queries is extracted from the uploaded Data and Files and presented to you by Pixie.4.2. When training Pixie with your data, you bear the responsibility for the non-infringement, accuracy, and appropriateness of the information provided. You understand that Pixie's responses are based on the training data, and the Company shall not be liable for any consequences arising from the use of infringing, inaccurate, or inappropriate data. You warrant that you will not use any data that infringes on the intellectual property rights of others, and that you will comply with all intellectual property laws that may be applicable to you. You will indemnify and hold harmless the Company, its officers, employees, agents and related parties from any intellectual property infringement issues or violations.4.3. We value your privacy and data security. Your usage of Pixie and any data you provide will be handled in accordance with our Privacy Policy, which outlines how we collect, store, and utilize user data.4.4. If you believe that your intellectual property rights have been infringed, please send notice to the email address indicated below. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers.
5. Third-Party Services 5.1. Pixie may interact with third-party services through APIs or integrations. Your use of such services is subject to their respective terms and conditions.5.2. Pixie offers a feature that enables you to embed the chatbot on your website. This integration may involve modifying your website's code. You agree to perform such modifications responsibly and in line with your website's policies.
6. Payments 6.1. 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. Subscription fees are non-refundable, except when required by law.6.2. You shall provide the Company with accurate and complete billing information including, but not limited to: (i) full name, (ii) email address, (iii) country, (iv) business’s legal entity name, (v) VAT tax number and (vi) a valid payment method information. By submitting such payment information, you automatically authorize the Company to charge all Subscription fees incurred through your Account to any such payment instruments.6.3. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it.6.4. Should automatic billing fail to occur for any reason, Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.6.5. Company is not responsible for any additional fees, including taxes, imposed by the relevant authorities of the country in which the person submitting an order resides/is located. Payment of these additional fees remains the responsibility of the person submitting the order.6.6. We may change our prices by posting a 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.6.7. 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.
7. Termination and Suspension 7.1. The Company reserves the right to terminate or suspend your access to the Service without notice.7.2. Such reasons include, but are not limited to, service availability, errors in the description or price of the service, errors in your order, and suspicion of fraud or any unauthorized or illegal transaction.
8. Intellectual Property 8.1. You acknowledge that the AI algorithms, models, and related technologies used in Pixie are proprietary to the Company. You are granted a limited, non-transferable license to access and use the Service, but no ownership rights are transferred to you.8.2. You may not 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); 8.3. You may not use the Service to develop foundation models or other large-scale models that compete with Pixie.8.4. You may not buy, sell, transfer API keys, or embed codes without our prior consent.
9. Limitation of Liability 9.1. Pixie is provided on an 'as is' basis and we make no guarantees that it will always be safe, secure, or error-free, or that it will function without disruptions, delays, or imperfections. To the extent permitted by law, the Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement of intellectual property, or other violation of rights. We do not control or direct what Pixie will do or say, and we are not responsible for its actions or conduct or any output it generates (including offensive, inappropriate, obscene, unlawful, and other objectionable content).9.2. Our liability shall be limited to the fullest extent permitted by applicable law, and in no event shall the Company, its service providers, or suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use Pixie, even if the Company or an authorized representative has been notified, orally or in writing, of the possibility of such damage.9.3. In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise. Under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these terms or your use of Pixie, even if we have been advised of the possibility of such damages.
10. Modifications to Terms 10.1. We may modify these Terms at any time, and such changes will be effective immediately upon posting on our website. Your continued use of the Service after modifications indicates your acceptance of the revised Terms.
11. Contact Us 11.1. If you have questions or
concerns about these Terms, please reach out to us at
talk@hellopixie.ai.
Pixie by White Cloak Technologies, Inc.