Terms of use
These Terms of Use apply when you use the services of Sandac S.A.S or our subsidiaries, including our software, tools, developer services, data, documentation, resources, contacts, and websites ("Services"). The Terms include our Terms of Service, Sharing and Posting Policy, Usage Policies, and any other documentation, guides, or policies that we provide in writing. By using our Services, you agree to these Terms. Our Privacy Policy explains how we collect and use personal information.
Registration and Access
You must be at least 15 years old to use the Services. If you are under 18 years old, you must have permission from your parents or legal guardian 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 should not disclose your login credentials to individuals outside your organization, and you are responsible for all activities that occur using your credentials.
Usage Requirements
(a) Use of the Services. You may access and we have the non-exclusive right to grant you the use of 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 the Services.
(b) Feedback. We appreciate feedback, comments, ideas, proposals, and suggestions for improvements. If you provide any of these, we may use them without restrictions or compensation to you.
(c) Restrictions. You may not (i) use the Services in a manner that infringes, misappropriates, or violates the rights of any person; (ii) reverse engineer, reverse assemble, decompile, translate, or attempt to discover the source code or underlying components of the models, algorithms, and systems of the Services (except to the extent these restrictions are prohibited by applicable law); (iii) represent that the output of the Services was generated by a human when it was not, or otherwise violate our Usage Policies; (iv) send us personal information of children under 14 years of age or the applicable digital consent age. You will comply with fee limits and other requirements in our documentation. You may only use the Services in geographies supported by SensAI. (iv) You may not use SensAI's information to conceive, plan, think, or develop any idea that harms integrity and jeopardizes someone's life, emotional or mental state.
(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.
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 referred to as "Content." As between the parties and to the extent permitted by applicable law, you are the owner of all Input. Subject to your compliance with these Terms, SensAI assigns to you all rights, title, and interest in the Output. This means you can use the Content for any purpose, including commercial purposes like sale or publication, if you comply with these Terms. SensAI may use the Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for the Content, including ensuring that it does not violate any applicable law or these Terms.
(b) Similarity of Content. Due to the nature of machine learning, the Output may not be unique among users, and the Services may generate the same or similar output for SensAI or a third party. Other users may also ask similar questions and receive the same response. The requested and generated responses for other users are not considered your Content.
(c) Accuracy. Artificial intelligence and machine learning are continually evolving fields of study. We work constantly to improve our Services and make them more accurate, reliable, secure, and beneficial. Given the probabilistic nature of machine learning, the use of our Services may, in some situations, result in incorrect Output that does not accurately reflect real people, places, treatments, strategies, or facts. You should assess the accuracy of any Output as it applies to your use case, including through human review of the Output.
Confidentiality, Security, and Data Protection
(a) Confidentiality. You may be given access to Confidential Information of SensAI, its affiliates, and other third parties. You may use Confidential Information only as necessary to use the Services as permitted in these Terms. You may not disclose Confidential Information to any third party, and you must protect Confidential Information in the same way you protect your own similar confidential information, using at least reasonable care. Confidential Information means non-public information that SensAI or its affiliates or third parties designate as confidential or that, under normal circumstances, should be considered confidential, including software, specifications, and other non-public business information. Confidential Information does not include information that: (i) is or becomes generally available to the public without fault on your part; (ii) you already possess without any confidentiality obligation when you received it under these Terms; (iii) is legitimately disclosed to you by a third party without any confidentiality obligation; or (iv) you develop independently without using Confidential Information. You may disclose Confidential Information when required by law or a valid order of a court or other government authority if you provide prior written notice to SensAI and/or Sandac and make reasonable efforts to limit the scope of the disclosure, including assisting us in challenging the disclosure requirement, in each case when possible.
(b) Security. You must implement reasonable and appropriate measures designed to help secure your access and use of the Services. If you discover vulnerabilities or breaches related to your use of the Services, you must contact Sandac immediately and provide details of the vulnerability or breach.
Term and Termination
(a) Termination; Suspension. 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 ceasing to use the Services and Content. We may terminate these Terms for any reason by providing you with at least 30 days' prior notice. We may terminate these Terms immediately with notice to you if you materially breach Sections (Usage Requirements), (Confidentiality, Security, and Data Protection), (Dispute Resolution), or (General Terms), if there are changes in relationships with third-party technology providers beyond our control, or to comply with the law or government requests. We may suspend your access to the Services if you fail to comply with these Terms, if your use poses a security risk to us or any third party, or if we suspect your use is fraudulent or could make us or any third party liable.
(b) Effect of Termination. Upon termination, you will cease using the Services and return or, if instructed, destroy any Confidential Information.
Indemnification; Disclaimer of Warranties; Limitations of Liability
(a) Indemnification. You will defend, indemnify, and hold us, our affiliates, and our staff harmless from any claims, losses, and expenses (including attorney's fees) arising out of or related to your use of the Services, including your Content, products, or services you develop or offer in connection with the Services, and your violation of these Terms or applicable law.
(b) Disclaimer. THE SERVICES ARE PROVIDED "AS IS." TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) REGARDING THE SERVICES, AND WE 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 USAGE OF TRADE. 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 SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER INTANGIBLE 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 GIVING RISE TO THE CLAIM DURING THE 12 MONTHS PRIOR TO THE LIABILITY ARISING OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Dispute Resolution
YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS AND WAIVE CLASS ACTIONS:
(a) Mandatory Arbitration. You and Sandac agree to resolve any past or present claims related to these Terms or our Services through final and binding arbitration.
(b) Informal Dispute Resolution. We would like to understand and try to address your concerns before formal legal actions. Before filing a claim against SensAI and/or Sandac, you agree to attempt to resolve the dispute informally by sending us notice at legal@sandac.xyz with your name, a description of the dispute, and the relief you seek. If we cannot resolve a dispute within 90 days, you may initiate a formal process. Any statute of limitations will be tolled during the 90-day resolution process.
(c) Arbitration Procedures. Arbitration will be conducted by phone, based on written submissions, videoconference, or in person in Bogotá, Colombia, or at another mutually agreed location. Arbitration will be conducted by a single arbitrator from ADR Services under its then-current rules. All issues will be decided by the arbitrator, except that a court of Colombia has the authority to determine (i) the scope, applicability, and arbitrability of this Section 8, including the mass filing procedures described below, and (ii) whether you have met the prerequisites for arbitration in this section. The amount of any settlement offer may not be disclosed to the arbitrator until after the arbitrator determines the final award, if any.
(d) Exceptions. This arbitration section does not require arbitration of the following claims: (i) individual claims brought in small claims courts; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement.
(e) NO CLASS ACTIONS. Disputes must be brought individually and may not be brought as a plaintiff or class member in any class, consolidated, or representative action. 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 a trial by jury in any action, proceeding, or counterclaim. This does not preclude either party from participating in a class action settlement, pending a determination on the merits of such claim by the arbitrator.
(f) Time Limitation to Bring Claims. Any claim not brought in arbitration or in court within 2 years after the date the claim arises will be deemed waived.
General Terms
(a) Changes to these Terms. We may modify these Terms to address, for example, changes in the law or changes to our Services. We will notify you (for example, through our Services) before the modifications take effect and update the "Last Modified" date at the top of these Terms. By continuing to use the Services after the modifications come into effect, you agree to the amended Terms. If you do not agree to the new terms, you must stop using the Services.
(b) Entire Agreement. These Terms constitute the entire agreement between you and SensAI and/or Sandac regarding the Services and supersede all prior agreements.
(c) Assignment. You may not assign or transfer these Terms or your rights or obligations under these Terms without the written consent of SensAI and/or Sandac. SensAI and/or Sandac may assign these Terms without restriction.
(d) Waiver. The failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if it is in writing and signed by us.
(e) Applicable Law. These Terms will be governed by the laws of Colombia, except for consumer protection laws that may require the application of the laws of your place of residence. If you reside outside of Colombia, the laws of your country of residence may apply.
(f) Severability. If any provision of these Terms is deemed invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
(g) Communications. To contact SensAI, please visit our contact page or email us at contact@sandac.xyz. To notify you of any changes or modifications to these Terms, or any other important matters, we may use the email address you provided when registering or updating your registration information.
(h) Execution. If you are an entity, the person accepting these Terms on your behalf must have the authority to do so and have the legal capacity to enter into contracts on behalf of the entity. Furthermore, these Terms are entered into between you and Sandac S.A.S, and not between you and any other entity (such as Apple, Inc. or Google, Inc.) that may be involved in the distribution of the Services.
(i) Contact. You can contact us at:
Sandac S.A.S
Street, Bogotá, Colombia
Email:
Last Modified: September 7, 2023