Terms of Service – Q&A BOT AI

Q&A BOT AI TERMS OF USE

[Last Updated: 26 February, 2024]

These terms and conditions govern the use of the TOS Wizard chat bot (the “Bot”) which is powered by artificial intelligence technology licensed to us by certain AI technology providers (the “AI Platforms“),and serves as a binding contract between you, a user using the Bot (the “User“), and Cabilly & Co. Cabilly & Co. (the “Company“, “Us“, “We” or similar wording) making the Bot available to you through our website https://e-cabilly.com/ (the “Website“).

BY ACCESSING OR USING THE BOT, USER HEREBY ACKNOWLEDGE IT HAS READ AND UNDERSTOOD THESE Q&A AI BOT TERMS (THE “TERMS“) AND AGREES TO BE BOUND BY THEM.  IF USER DOES NOT AGREE TO THESE AI TERMS, IT MAY NOT USE THE BOT.

PART 1: Some information about the BOT [how it is accessible, to whom, and what you can do with it]

1. The Bot. We created the Bot as a tool for our Users, available through our Website or in the following link https://e-cabilly.com/amazon-tos-ai-expert to receive information related to the various policies and terms related to operating a seller account in Amazon’s marketplace (an “Amazon Seller Account“) in a way that will help you get quick pointers related to your pressing questions, without having to browse through enormous amounts of information made available to Amazon sellers. Please note however that although intended to help you get information conveniently, the Bot It is not a substitute for professional advice, and we encourage you to review the official policies and seek professional advice for specific counseling tailored to your circumstances.
2. Access to the Bot:  There is no need to subscribe to the Bot or pay any fees to use the Bot. However, you must have an active Amazon Seller account with Amazon in order to be eligible to use the Bot. In addition, you may be required to create a user account in order to use the Bot and receive the Outputs (as defined below). Please see more information in section 5 below regarding processing of personal information you may provide when creating an account or otherwise using the Bot (e.g., providing Input (as defined below) when using the Bot).  
3. License Grant and Limitations.
   • We hereby grant you, the User, a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to use the Bot, solely for your internal business purposes, to support your own internal business needs (the “Intended Purpose“). The use of the Bot is subject to Your compliance with any and all applicable laws, these Terms and the AI Platforms Terms. Users shall not, nor shall assist others or attempt, directly or indirectly, to (i) modify or create derivative works based on the Bot; (ii) copy, frame or mirror any part of the Bot, other than copying or otherwise for Your own internal Intended Purpose; (iii) compile or create any digests, manuals or otherwise use the Bot and/or Content (as defined below) other than for your own internal Intended Purpose; or (iv) reverse engineer the Bot or any of the Bot features.
   • The license granted herein is solely for personal, non-commercial use. Users are expressly prohibited from reselling, leasing, renting, or otherwise making available for commercial use, whether as a managed service or service bureau, any aspect of the BOT, the Content or the AI Platforms technology powering the Bot. Commercial use in this context refers to any use with the primary purpose of generating revenue, directly or indirectly. Any such commercial exploitation is strictly forbidden and constitutes a breach of these Terms.
4. As an exception to section 3 above, some components or libraries of the Bot, as detailed in List 1 appended to these Terms, are subject to open-source licenses, and as such, are also made available to you under the same license terms, as applicable according to List 1.

Part 2: Some important notifications about the Bot AI technology [the fact it’s enabled by AI tech, who is the enabler, and what you need to know about AI technology that affects your use of the Bot]

5. AI platform. The Bot is powered by Open AI, L.L.C (“Open AI”). Your use of the Bot is also governed by OpenAI’s Service Terms, Sharing & Publication Policy, Usage Policies, and any other guidelines or policies OpenAI may provide in writing (collectively, the “AI Platform Terms“). Please familiarize yourself with the AI Platform Terms to ensure compliance.
6. Limitations of the Bot.
   • The Bot has limitations and may not cover all possible scenarios or requests.
   • The Bot is not intended to provide or replace professional legal, financial, or any other professional advice. Users should consult with appropriate professionals for specific concerns, especially when intending to rely on the Output (as defined below) to make any type of decisions or taking any legal or commercial positions.
   • Given the probabilistic nature of machine learning and AI, use of the Bot may in some situations result in incorrect Output. It is User’s responsibility to evaluate the accuracy of any Output. User shall have no claim against Us or any of the AI Platforms in this regard.
   • Due to the nature of machine learning, Output may not be unique across users and the Bot may generate the same or similar Output for third parties; User shall have no claim against Us or any of the AI Platforms in this regard.

Part 3: the Bot Content and Ownership of IP [some legal issues around ownership of intellectual property related to the Bot and the Content]

7. • You may provide or make available input to the Bot, which may include text, prompt or any other content (“Input”) and receive responses generated by the BOT (“Output”). The Output shall take the form of text generated by the Bot, and may also include citations of original works of third parties (“Copyrighted Material“). The Input and Output shall collectively be referred herein as the Bot’s “Content”.
   • As between You and Us, and to the extent permitted by applicable law, you retain all ownership rights in the Input. All intellectual property rights and interests in and to the Output shall be owned by Us, except for Copyrighted Material which shall remain the property of the original creator of such Copyrighted Material. You may use the Output in accordance with the terms of the License set forth in Section 2 hereunder; while use of the Copyrighted Material is subject to the terms and conditions set forth by its owner.
   • You acknowledge that due to the nature of machine learning, other Users may use the Bot in a manner which may generate identical or similar Output.
   • We will only use the Input as necessary to provide you with the Bot service, comply with applicable law, develop and improve the Services (including train the BOT), and enforce these Terms or AI Platform Terms.
   • You are responsible for all Input and represent and warrant that you have all rights, licenses, and permissions required to provide Input to the Bot; without derogation from the foregoing, you warrant that the Input You provide through the Bot complies with applicable laws, these Terms and the AI Platforms Terms . You are solely responsible for all use of the Outputs and evaluating the Output for accuracy and appropriateness for your use case, including by utilizing human review as appropriate.
   • User may not make any commercial use nor publish any Output.
8. Feedback: You may provide feedback regarding the Bot to: office@e-cabilly.com(“Feedback”). The Feedback may include insights or comments regarding the performance, features that may be missing, bugs encountered during the use of the Bot or other suggestions for modifications or improvements of the Bot. By providing any Feedback You hereby grant Us a perpetual, irrevocable, non-exclusive, worldwide, fully-paid, sub-licensable, assignable license to incorporate into the Bot or otherwise use Your Feedback. You irrevocably waive any rights in such Feedback or any outcomes of such Feedback including any moral rights therein pursuant to applicable copyright law. We acknowledge that any Feedback is provided on an “as-is” basis with no warranties of any kind.

Part 4: Do’s and Don’ts [some important guidelines on how you can use the BOT and what uses are not permitted]

9. Acceptable Use Policy “AUP”: Without derogating from any other restrictions and limitations set forth herein, You hereby represents and warrant that You will not, nor will You authorize anyone on your behalf, to:
   • Use the Bot in any manner that supports, promotes or encourages any illegal or immoral activities or discrimination or misuses personal data
   • Use any malware, ransomware, viruses, or other malicious software in relation to the Bot;
   • Use the Bot for providing third party with any advice;
   • challenging or otherwise commencing or conducting any proceedings against Us, AI Platform or any owner of Copyrighted Material;
   • Use the Bot in a way that infringes, misappropriates or violates any third party 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 Bot (except to the extent such restrictions are contrary to applicable law or to the specific license terms of a component);
   • Use any method to extract data from the BOT;
   • Use the Bot or the Output in a manner that violates any applicable laws or AI Platform Terms;
   • Use the Bot or the Output in a manner that infringes, misappropriates, or otherwise violates any third party’s rights;
   • Provide any personal information that is sensitive or special category personal information under applicable privacy protection laws, or personal information of children under 13 or the applicable age of digital consent or allow minors to use our Bot without consent from their parent or guardian;
   • Use Output to develop any artificial intelligence models that compete with the Bot or AI Platform’s products and services.

Part 5: Privacy matters [the PI that we will be using, how we will be using it, and for what purposes. For more info see our privacy notice]

10. You may be requested to provide certain personal information in relation to your use of the Bot. Any personal information that you provide will be processed by us in accordance with our Privacy Notice and OpenAI’s data usage policies as found in the AI Platform Terms.

Part 6: Legal notices related to warranties, disclaimers, and risk allocation

11. Disclaimer on Accuracy: While we strive to provide accurate and up-to-date information through the Bot, we cannot guarantee the accuracy or completeness of the Bot service including any Output. Use the information at your own risk and refer to professional advise and the official documentation available Through your Seller Account.
12. Restrictions and Trade Controls:The Bot may solely be used in the jurisdictions provided here. The Bot may not be used in or for the benefit of (a) any U.S. embargoed country or territory by the US or Israeli government; or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. The Bot may not be used for any use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.
13. Warranty Disclaimers:Except for any express warranties and in addition to any other disclaimers provided herein these Terms, the Bot is provided “as is”, and We and our affiliates and licensors hereby disclaim all warranties, express or implied, as to the operation of the Bot, or the information, text, and Content therof, or the use of the input, including without limitation, all implied warranties of merchantability, fitness for a particular purpose and title, noninfringement, or quiet enjoyment, and any warranties arising out of course of dealing or trade usage. In addition and despite anything to the contrary that may be included or inferred in these Terms, we make no representations or warranties (a) that use of the Bot will be uninterrupted, error free, or secure, (b) that defects will be corrected, (c) that the Bot and the Content will be accurate, or (d) that any position, act or omission you take or conduct, based on the Bot and/or any Content will be acceptable to any third party and that it will not be challenged by such third party or by applicable law enforcement authorities.
14. Limitations on Liability:
    • NEITHER THE COMPANY NOR ANY OF ITS 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 THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • THE AGGREGATE LIABILITY OF THE COMPANY, ITS AFFILATES OR LICENSOR UNDER THESE TERMS FOR ALL AGGREGATE USES BY A USER HEREUNDER SHALL NOT EXCEED ​​ ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
    • THE LIMITATIONS ON LIABILITY PROVIDED HEREIN REPRESENT FUNDAMENTAL AND MATERIAL CONDITION OF THESE TERMS. USER EXPLICITLY RECOGNIZES THAT THE COMPANY’S PROVISION OF THE BOT IS EXPRESSLY CONTINGENT UPON THE MUTUAL ACCEPTANCE AND INCORPORATION OF THESE SPECIFIED LIMITATIONS.

Part 7: General terms [issues concerning our relationship and how we expect disputes resolution to work under these terms]

15. Changes to Terms: We reserve the right to update these Terms at any time. Any changes will be effective immediately upon posting on this page. Your continued use of the Bot after the changes constitute acceptance of the revised terms.
16. Termination of Access: We reserve the right to terminate or suspend User’s access to the Bot at our discretion, with or without notice, for any reason, including violation of these Terms of Use or OpenAI’s terms.
17. Discontinuation of the service. We may decide to discontinue the service provided through the Bot, with or without advance notice.
18. These Terms constitutes the entire agreement between the parties concerning the subject matter hereof. These Terms shall be governed by the laws of the State of Israel without giving effect to any principles of conflicts of laws thereof, and the eligible courts in Tel Aviv, Israel shall have exclusive jurisdiction over all disputes between the parties related to these Terms and/or any dispute in relation thereto or the use of the Bot. Company expressly reserves its right to assign or transfer these Terms and to delegate any of its obligations hereunder at its sole discretion. If any part of these Terms is found void and unenforceable, it will not affect the validity of the remainder of the Terms, which shall remain valid and enforceable according to its terms. The failure of Company to act with respect to a breach of these Terms by You or others shall not constitute a waiver and shall not limit Company’s rights with respect to such breach or any subsequent breaches.
19. Contact Information: If you have any questions or concerns about these Terms of Use or the Bot, please contact us at office@e-cabilly.com.

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