Terms of Service
Last Updated: 13 September 2023
Welcome to Magisterium AI (hereafter referred to as “the Platform") provided by Longbeard Creative Inc ("we," "us," or "our"). These Terms of Service (hereafter referred to as “the Terms") govern your use of the Platform and the services we offer. By accessing or using the Platform, you agree to these Terms. If you do not agree with these Terms, please do not use the Platform.
1. Account Registration
1.1. Eligibility: If you use the Platform on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You may not make your access credentials or account available to other users, you will be considered liable for all activities that occur using your credentials.
1.2. Account Creation: To access the full features of the Platform, you will be required to register for an account. You agree to provide accurate and complete information during the registration process and to keep your account information up-to-date.
1.3. Security: You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You must immediately notify us of any unauthorised use of your account.
2. Subscription Plans and Pricing
2.1. Individual User Plan: We offer a monthly subscription plan for individual users at a cost of $8.99 per month.
2.2. Organization Plans: Pricing depends on the number of users. Once you input the number of users you will have the price will automatically generate.
2.3. Large Institution Plans: Pricing for large institutions will be determined upon contact with our organization. Please reach out to us for pricing details.
2.4. Payment Processing: All payments are processed through Stripe. Payments for all plans are charged monthly. The initial payment is deducted immediately upon transaction, and subsequent payments will be deducted every month thereafter.
2.5. Plan Changes: If a user upgrades or downgrades their plan to a new level, the change will be prorated and reflected in their next invoice. The prorated amount will be deducted on their next upcoming billing date.
2.6. Taxes: Unless indicated otherwise, we will automatically collect taxes based on the local laws according to the country and/or ZIP/Postal code provided with your billing information. It is your responsibility to make sure the information you provide is correct and Magisterium AI and Longbeard cannot be held liable for deducting the incorrect taxes based on the information you provide. We reserve the right to bill you for taxes incurred should the incorrect information provided by you lead to additional taxes being owed. By using our platform you agree to pay all taxes timeously and produce documentation or additional evidence to that effect, if required.
2.7. Price Changes: We reserve the right to change our prices by posting an update on our website. Price increases will take effect 14 days after they are posted. Any price changes will apply to the amount charged to your account immediately after the effective date of the changes as per the update posted on the site.
2.8. Payment Disputes: If you want to dispute any fees or taxes levied to your account, please do so in writing to [email protected] within thirty (30) days of the date of the disputed charge.
2.9. Late Payments: If we cannot collect the payment due in terms of your chosen account tier, we may suspend your access to the premium services associated with a paid account and you will be downgraded to a free account without notice to you and until the payment due is received.
2.10. Free Account: Each user may only create one free account. If we believe you are not using the free access in good-faith we reserve the right to suspend your access to the platform.
3. Use of the Platform
3.1. Use of Services: We grant you a non-exclusive, non-transferable, revocable license to use the Platform for its intended purposes. You may access, and we grant you a non-exclusive right to use, the Platform in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Platform. We and our affiliates own all rights, title, and interest in and to the Platform.
3.2. Feedback: We welcome and appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of the above, we may use it without restriction or compensation to you.
3.3. Prohibited Activities: You may not:
- Use the Platform in a way that infringes, misappropriates or violates any person’s 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 Platform (except to the extent such restrictions are contrary to applicable law);
- Use output from the Platform to develop models that compete with Magisterium AI;
- Except as permitted through the API, use any automated or programmatic method to extract data or output from the Platform, including scraping, web harvesting, or web data extraction;
- Represent that output from the Platform was human-generated when it is not or otherwise violate our Usage Policies;
- Buy, sell, or transfer API keys without our prior consent; or
- Send us any personal information of children under 13 or the applicable age of digital consent.
- You will comply with any rate limits and other requirements in our documentation. You may use Platform only in geographies that allow the use of such Platform.
- Use the Platform for any illegal or unauthorized purpose.
- Transmit any harmful code or malware.
- Attempt to gain unauthorized access to our systems or other users' accounts.
- Violate any applicable laws or regulations.
- Use the Platform in any way that could harm or impair its functionality.
3.4. Third Party Services: If you utilize any third party software, services, or other products you use in conjunction or connection with our platform, these are subject to their own terms, we can not be held liable for third party products.
3.5. Indemnification: 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 our product, including the content produced, products or services you develop or offer in connection with the product, and your breach of these Terms or violation of applicable law.
4.1. Content Ownership: You may provide input to the Platform (“the Input”), and receive output generated and returned by the Platform based on the Input (“the Output”). The Input and the Output are collectively called “Content.” As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, Magisterium AI hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. Magisterium AI may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law, or these Terms. You are also responsible for fact checking and critically analyzing the accuracy of the Output. Magisterium AI and Longbeard cannot be held liable for any inaccurate Output produced.
4.2. Similarity of Content: Given the nature of machine learning, the Output produced may not be unique across users and the response generated may be the same or similar across users. Responses that are requested by and generated for other users are not considered your Content.
4.3. Accuracy: Artificial intelligence and machine learning are constantly evolving. As a result, we are constantly working to improve the Output to make it more accurate, reliable, safe and beneficial. You are responsible for fact checking and critically analyzing the accuracy of the Output. Magisterium AI and Longbeard cannot be held liable for any inaccurate Output produced.
4.4. Use of Content to Improve Product: We do not use the Content that you provide to or receive from our API (“API Content”) to develop or improve our services. We may use Content from Services other than our API (“Non-API Content”) to help develop and improve our Platform. If you do not want your Non-API Content used to improve our Platform, you can opt out in your account settings. Please note that in some cases this may limit the ability of our product to better address your specific use case.
6.1. We may suspend or terminate your access to the Platform at our sole discretion if you violate these Terms. You may also terminate your account at any time by contacting us.
7. Disclaimer of Warranties
7.1. The Platform is provided "as is" and "as available" without warranties of any kind. We do not guarantee that the Platform will be error-free, uninterrupted, or secure.
8. Limitation of Liability
8.1. To the extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Platform; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of the Platform; or (d) any bugs, viruses, or the like.
8.2. Liability Limitations: We, along with our affiliates and licensors, will not be held responsible for any indirect, incidental, special, consequential, or exemplary damages. These damages may encompass losses such as profits, goodwill, use, data, or any other losses, regardless of whether we have been informed of the potential for such damages. Please note that the restrictions outlined in this section are enforceable to the fullest extent allowed by applicable law.
9. Dispute Resolution & Applicable Law
9.1. Informal Dispute Resolution: Before initiating any formal dispute resolution process, you agree to make a good-faith effort to resolve any disputes or disagreements arising from or related to the use of our product. The process may be initiated by providing written notice to [email protected], describing the nature of the dispute. We will endeavor to offer a solution within 30 days of receipt.
9.2. Arbitration in Ontario, Canada: In the event that the informal dispute resolution process outlined in the prior clause fails to resolve the dispute. You agree that the dispute shall be resolved through binding arbitration in accordance with the laws of Ontario, Canada. The arbitration shall take place in Ontario, Canada, and shall be conducted in English.
9.3. Arbitration Administration: The arbitration proceedings shall be administered by an arbitration service mutually agreed upon by the Parties. In the absence of such mutual agreement within 14 days from the initiation of arbitration, the arbitration service shall be selected and administered by the Ontario Superior Court of Justice.
9.4. Confidentiality: All information, documents, and proceedings related to the arbitration shall be kept confidential, except as may be required by law.
10. Contact Us
10.1. If you have any questions about these Terms or the Platform, please contact us at [email protected].
11. Changes to Terms
11.1. We reserve the right to modify or revise these Terms at any time. We will notify you of any changes by posting the revised Terms on the Platform or by other means. Your continued use of the Platform following the posting of changes constitutes your acceptance of those changes.
By using the Magisterium AI Platform, you agree to these Terms. Please read them carefully and contact us with any questions.