Terms of Service
Thank you for using an AI Personality!
These Terms of Use apply to your use of any AI Personality powered by Gambit Technology Inc.'s artificial intelligence personality software (the "Platform") as well as any of Gambit Technology Inc.'s other services, associated software applications and web sites (all together with the Platform, the "Platform Services"). These Terms form an agreement between you and Gambit Technology Inc. (also referred to herein as the "Provider", "we" and "us"), and they include our Service Terms and important provisions for resolving disputes. By using our Services, you agree to these Terms.
Gambit Technology Inc. provides technology and communication services (including AI-powered voice concierge services such as the Chloe AI Concierge) on behalf of our clients. When we reference "Platform Services" in these Terms, this includes technology and communication services we provide on behalf of our clients.
Our Privacy explains how we deal with personal information. Although it does not form part of these Terms, it is an important document that you should read.
Acceptance of Terms
The Platform is an online information service offered and operated by the Provider and powered by OpenAI, which is a technology owned by Open AI LLC or its affiliates ("OpenAI"). The Platform Services are designed to be a resource for users, and a place for users to find information and gain value through life-like, conversational artificial intelligence interactions. Your use of the Platform Services and any other resources or materials is conditioned upon your continued acceptance of and compliance with our Terms of Use.
We may change these Terms of Use at any time. The changes will appear in these Terms of Use, and your use of the Platform Services after any changes have been posted will constitute your agreement to the modified Terms of Use.
Human Contributors to AI Personalities
Certain AI Personalities offered through the Platform Services are designed in affiliation with real, natural persons (each, a "Human Contributor") upon whose data, characteristics, responses, or other personal attributes the AI Personality model may be based, in whole or in part.
You hereby acknowledge and agree that no Human Contributor shall bear any liability, responsibility, or legal accountability for any statements, communications, outputs, or actions generated by the AI Personality or otherwise by the Platform Services. This limitation of liability applies irrespective of the nature of the content produced. You understand and agree that the AI Personality and the Platform Services operate independently of any Human Contributor's direct input or control.
No Provision of Professional Advice
The Platform Services are designed for engagement and informational purposes only. You acknowledge and agree that these purported facts, views, opinions and recommendations are not a substitute for professional or other expert advice, including medical advice, legal guidance, or financial advice.
We do not review any information or content contained on, or distributed through the Platform Services and therefore do not endorse the accuracy or reliability of any such information or content. The Platform Services do not and are not intended to create any professional or other advisory relationship.
You acknowledge that we and the Platform Services are not in a position to assist those contemplating suicide or self-injury. If you are having thoughts of either, please seek immediate, professional assistance. You may call 911, call Suicide Crisis Helpline at 988, or visit a hospital emergency room.
Proprietary Rights and Limitations on Use
The Platform Services contain proprietary material ("Platform Content"). All Platform Content is the property of the Provider, its licensors, partners and/or others, and is protected by copyright and other intellectual property laws. You agree not to copy, reproduce, modify, display, perform, publish, create derivative works from, or store any Platform Content.
You may not use the Platform Services to:
- Use the Platform Services in a way that infringes, misappropriates or violates anyone's rights
- Modify, copy, lease, sell or distribute any of our Platform Services
- Attempt to reverse engineer, decompile or discover the source code or underlying components
- Automatically or programmatically extract data or Output
- Represent that Output was human-generated when it was not
- Interfere with or disrupt the Platform Services
- Use Output to develop models that compete with the Platform Services
Input and Output; Content
You may provide input ("Input") and receive output ("Output") from the Platform Services. Input includes any information you provide via text, voice, telephone, or any other supported channel. Output includes any information provided to you via text, voice, SMS, or any other supported channel.
You are responsible for all of your Input. We do not wish to receive personal or confidential information, and you should not provide any Input that you consider personal, confidential or otherwise sensitive.
You acknowledge and understand that the Output is created by artificial intelligence and we do not make any promise or guarantee that the Output will be complete, accurate or fit for any particular purpose. When you use the Platform Services you acknowledge:
- Output may not always be accurate. You should not rely on Output as a sole source of truth or factual information.
- You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate.
- You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person.
- The Platform Services may provide incomplete, incorrect, or offensive Output that does not represent our views.
Voice and SMS Services
Voice Interactions
When you call a phone number associated with our Platform Services, your call is handled by an AI-powered voice service. Your phone number, call details, and conversation content may be collected and processed in accordance with our Privacy Policy.
SMS Messaging
If the AI service offers to send you information via text message, you will be asked for your verbal consent before any message is sent. Standard message and data rates may apply.
Opting Out
You may opt out of receiving text messages at any time by replying STOP to any message. You may also text HELP at any time to receive assistance.
No Marketing Messages
SMS messages sent through the Platform Services are strictly informational and transactional. We will not send you marketing, promotional, or unsolicited text messages. Your phone number and opt-in consent will not be shared with any third parties for marketing or promotional purposes.
Links to Third Party Sites
Through use of the Platform Services you may be directed to third party resources. Any direction to these resources is solely for your convenience and does not imply endorsement. We specifically disclaim responsibility for materials posted on linked resources.
Registration and Access
Some Platform Services may be made available only to those who register. Registrants must be eighteen (18) years of age or older. You agree that any registration information you provide is accurate, complete and current.
Feedback
We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.
Termination and Suspension
You are free to stop using the Platform Services at any time. We reserve the right to suspend or terminate your access at any time if we determine you breached these Terms, your use could cause harm, or it is advisable for compliance with the law. If you believe we have suspended or terminated your access in error, please contact us at [email protected].
Discontinuance of Services
We reserve the right to discontinue the Platform Services at any time and without notice.
Disclaimer of Warranties and Limitation of Liability
THE PLATFORM SERVICES AND THE CONTENT ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES. USE OF OR RELIANCE ON THE CONTENT ASSOCIATED WITH THE PLATFORM SERVICES IS AT THE USER'S OWN RISK. THE PROVIDER AND ITS AFFILIATES, PARTNERS, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE PLATFORM SERVICES.
Governing Law and Dispute Resolution
Governing Law. These Terms are governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict of laws principles.
Informal Dispute Resolution. Before either of us files a claim against the other, we both agree to try to resolve any dispute informally by sending notice to [email protected].
Mandatory Arbitration. You and we both agree to resolve any claims through final and binding arbitration with the Canadian Arbitration Association ("CAA") under its Expedited Arbitration Rules. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario). The arbitration will be conducted by a sole arbitrator who will be either a retired judge or a lawyer licensed to practice law in the Province of Ontario.
Class and Jury Trial Waivers. Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You and we knowingly and irrevocably waive any right to trial by jury.
