Iseer & Co. Consumer Terms of Service

3.1 Age Requirements

To use the Services, you must be at least 13 years old or the minimum age required in your country to consent to use online services. If you are under 18 years of age, you must have the permission of your parent or legal guardian to use the Services, and they must agree to these Terms on your behalf.

3.2 Registration and Account Information

You must provide accurate, current, and complete information to register for an Account. You agree to update your information as necessary to maintain its accuracy. Failure to provide accurate information may result in the suspension or termination of your Account.

3.3 Account Security

You are solely responsible for all activities that occur under your Account, whether or not you have authorized them. You must maintain the confidentiality of your account credentials, including your password, and you may not share your credentials with any other person or entity. You agree to notify us immediately at [security@iseer.co] of any unauthorized use of your Account or any other breach of security.

3.4 Use of Corporate Email Domains

If you create an Account using an email address owned by an organization (e.g., your employer), that Account may be identified as belonging to that organization. We may provide notice to you and the organization, and your Account may be subsequently migrated to the organization's business account with us. Once migrated, the organization's administrator will have the ability to control your Account, including accessing your Content and restricting or removing your access. This provision serves as a critical mechanism to enforce the distinction between consumer and enterprise use, proactively addressing situations where confidential business information might be inadvertently processed under consumer-grade data policies. It provides a clear pathway to align such usage with the appropriate Commercial Terms, thereby mitigating data privacy and security risks for both the user's organization and Iseer & Co.

4.1 Grant of Rights

Subject to your compliance with these Terms, Iseer & Co. grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your personal, non-commercial purposes. This is a license to access and use the Services as provided; the underlying software and technology are not sold or transferred to you.

4.2 Service Tiers and Limitations

The scope of the Services, including available features, usage limits, and access to specific AI models, may vary depending on your selected Subscription plan, as further detailed in Section 5 and on our pricing page.

4.3 Restrictions on Use

You may not, and may not permit any third party to: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, or algorithms of the Services; (b) modify, translate, or create derivative works based on the Services; (c) sell, resell, rent, lease, or sublicense the Services; or (d) use the Services in violation of our Acceptable Use Policy or any applicable laws.

4.4 Service Modifications and Updates

The field of artificial intelligence is evolving rapidly, and we are constantly working to improve our Services. We reserve the right to modify, update, suspend, or discontinue any aspect of the Services at our sole discretion, at any time, with or without notice. The Services may include software that updates automatically on your device to ensure you are using the latest version. This right to modify the Services is an operational necessity that allows us to innovate, deploy new models, and adapt to the changing technological landscape without being contractually bound to support legacy features indefinitely.

4.5 Third-Party Services

The Services may contain links to or integrations with Third-Party Services. Your use of any Third-Party Services is subject to their own terms and conditions, and we are not responsible or liable for their performance, content, or data practices. Your use of Third-Party Services is at your own risk.

5.1 Service Tiers

Iseer & Co. may offer both free and paid Subscription plans. The features, usage limits, and data handling policies for each tier are described on our official pricing page, which is incorporated by reference into these Terms. The table below provides a summary of key differences.

This table is provided for convenience. In the event of a conflict between this summary and our official pricing page or other parts of these Terms, the latter shall prevail. The inclusion of data usage and retention policies directly within this comparison is a deliberate act of transparency. It ensures users can make an informed choice, understanding that the differences between tiers are not limited to features but also extend to how their data is managed, thereby mitigating potential claims of deceptive practices or "dark patterns".

5.2 Billing and Payment

For paid Subscriptions, you agree to provide complete and accurate billing information, including a valid payment method. You authorize Iseer & Co. or its third-party payment processor to charge your payment method for all applicable fees, including recurring Subscription fees and any applicable taxes.

5.3 Automatic Renewal

ALL PAID SUBSCRIPTIONS ARE ON AN AUTOMATICALLY RENEWING BASIS. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE (E.G., MONTHLY OR ANNUALLY) FOR A SUBSEQUENT TERM OF THE SAME DURATION, AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT SUBSCRIPTION FEE, UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION PROCEDURE BELOW.

To ensure compliance with laws such as California's Automatic Renewal Law (ARL), which sets a high standard for consumer protection, we will provide you with renewal notices as follows:

• For Subscriptions with a term of one year or longer: We will send you a renewal notice at least 15 days, but not more than 45 days, before your Subscription renews.
• For all Subscriptions: We will send an annual reminder notice disclosing the product, the recurring charges, and the cancellation method.

These notices will be sent to the email address associated with your Account.

5.4 Cancellation

You may cancel your paid Subscription at any time through your Account settings. To comply with legal requirements for ease of cancellation, the process for canceling online will be straightforward and will not involve obstructive steps that delay your ability to terminate. Your cancellation will become effective at the end of your current billing period, and you will retain access to the paid features until that time.

5.5 Price Changes

We reserve the right to change the fees for our Subscriptions at any time. We will provide you with reasonable prior notice of any price changes, sent to the email address associated with your Account. If you do not agree to the price change, you must cancel your Subscription before the change takes effect.

5.6 Refunds

All fees are non-refundable, except as required by law or as explicitly stated in our refund policy on our website. We do not provide refunds or credits for any partial subscription periods or unused Services.

6.1 Your Input

You retain all ownership rights, title, and interest in and to your original Input. We do not claim any ownership over the content you provide to the Services.

6.2 Your Responsibility for Input

You are solely responsible for your Input. You represent and warrant that you have all necessary rights, licenses, and permissions to provide your Input to the Services and that your Input does not and will not violate any applicable laws or infringe upon the rights of any third party, including intellectual property rights, privacy rights, or publicity rights.

6.3 Our License to Your Input

To enable us to operate, provide, maintain, and improve the Services, you grant Iseer & Co. and our affiliates a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, and distribute your Input. This license is for the limited purpose of providing the Services to you and for service improvement as described in Section 7 and our Privacy Policy.

6.4 Ownership of Output

As between you and Iseer & Co., and to the extent permitted by applicable law, you own all right, title, and interest in and to the Output you generate. Subject to your compliance with these Terms, we hereby assign to you all of our right, title, and interest (if any) in and to such Output. This assignment empowers you to use the Output for any lawful purpose. However, this transfer of ownership also transfers the responsibility for that Output to you. You are solely responsible for ensuring your use of the Output is lawful and does not infringe on third-party rights. This structure is a strategic allocation of risk: by granting you ownership, we provide you with a valuable asset, but you, as the ultimate publisher of that asset, assume the liability for its use in the world.

6.5 Similarity of Content

You acknowledge that due to the nature of artificial intelligence and machine learning, Output may not be unique across users. The Services may generate the same or similar Output for other users who provide similar or different Input. Your ownership rights in your Output do not extend to the Output generated for other users. This disclaimer is essential to manage expectations and prevent claims of infringement between users or against Iseer & Co. when the AI System produces non-unique results.

6.6 Your Responsibility for Output

You are solely responsible for your use of any Output. You must evaluate the Output for accuracy, appropriateness, and fitness for your intended use case, including through human review as necessary, before using or sharing it. As detailed in Section 10, Output may contain errors, inaccuracies, or biases and should not be relied upon as a substitute for professional advice.

7.1 Purpose of Data Use

The development and improvement of advanced AI Systems depend on learning from a wide range of data. Your Content provides valuable real-world examples that help us make our models more accurate, capable, helpful, and safe.

7.2 Default Data Use for Consumer Services

By default, for all consumer Accounts (both Free and Paid Tiers), we may use your Content (including Input and Output) and other information about your use of the Services to train, develop, and improve our AI Systems and related products and services. This is a fundamental part of the feedback loop that allows our technology to evolve. We take steps to de-identify or aggregate data where possible to protect your privacy during this process. We will not use your Content to market our services to you or to create advertising profiles of you.

7.3 Your Right to Opt Out

We respect your control over your data. You have the right to opt out of having your Content used for the purpose of training our AI models. You can exercise this right at any time through the "Privacy Settings" or "Data Controls" section of your Account dashboard.

7.4 Effect of Opting Out

If you choose to opt out:

• Prospective Application:

  Your opt-out will apply on a going-forward basis. Any new Content you generate after opting out will not be used for future model training.

• Data Retention:

  The data retention period for your Content will be significantly shorter. As specified in Section 5.1, Content from users who have opted out will be retained for a maximum of 30 days to provide the service and for safety monitoring, after which it will be deleted from our systems. In contrast, Content from users who permit its use for training may be retained for up to five years to support long-term model development cycles.

This direct linkage between your training preference and our data retention policy is made explicit to ensure your choice is fully informed. This is not a "dark pattern"; it is a transparent explanation of the operational requirements for long-term model improvement versus short-term service provision.

7.5 Exception for Safety and Abuse Monitoring

Please be aware that regardless of your model training preference, we may still review or process your Content if it is flagged by our automated systems for a potential violation of our Acceptable Use Policy, or to investigate a security incident or respond to a valid legal request. This is a necessary measure to maintain the safety and integrity of our Services for all users.

9.1 Ownership of the Services

As between you and Iseer & Co., we and our licensors exclusively own all right, title, and interest in and to the Services and all of their components, including the AI Systems, software, models, algorithms, documentation, trademarks, trade secrets, and visual interfaces ("Iseer IP"). Your use of the Services does not grant you any ownership rights in the Iseer IP, other than the limited license expressly granted in Section 4 of these Terms.

9.2 Feedback

We welcome your feedback, comments, and suggestions for improving the Services. If you provide any such feedback, you agree that we are free to use, disclose, reproduce, license, or otherwise distribute and exploit it for any purpose, without any obligation or compensation to you. This is particularly vital in the context of an AI service, where user feedback is an integral part of the iterative development and safety refinement process.

10.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ISEER & CO., ITS AFFILIATES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE MAKE NO WARRANTY THAT THE SERVICES OR OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, SECURE, ERROR-FREE, OR UNINTERRUPTED.

10.2 AI-Specific Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• AI IS A PROBABILISTIC TECHNOLOGY:

  Artificial intelligence and machine learning are rapidly evolving fields. The Services may generate Output that is inaccurate, incomplete, offensive, or that does not reflect real people, places, or facts ("hallucinations").

• OUTPUT REQUIRES INDEPENDENT VERIFICATION:

  You must not rely on any Output as a sole source of truth, factual information, or as a substitute for professional advice (e.g., legal, medical, or financial advice). You are solely responsible for evaluating the accuracy and appropriateness of all Output for your use case, including through rigorous human review.

• NO ENDORSEMENT:

  Any reference to third-party products or services in the Output does not imply endorsement or affiliation by Iseer & Co..

These explicit disclaimers are not merely boilerplate; they are a fundamental statement about the inherent limitations of current AI technology and are essential for managing user expectations and mitigating our liability should a user suffer harm from relying on incorrect AI-generated information.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ISEER & CO., ITS AFFILIATES, OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR TO ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

12.1 Governing Law

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions.

12.2 Informal Dispute Resolution

We want to address your concerns without needing a formal legal case. Before filing a claim against Iseer & Co., you agree to try to resolve the dispute informally by contacting [legal@iseer.co]. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty (60) days after submission, you or Iseer & Co. may bring a formal proceeding.

12.3 Arbitration Agreement

You and Iseer & Co. agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, "Disputes"), will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You and Iseer & Co. agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Iseer & Co. are each waiving the right to a trial by jury or to participate in a class action. This survival provision is intended to survive the termination of these Terms.

12.4 Exceptions to Arbitration

As limited exceptions to Section 12.3, both parties retain the right to: (a) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (b) bring an individual action in small claims court, if the claim qualifies.

12.5 Conducting Arbitration and Arbitration Rules

The arbitration will be conducted by National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures and/or its Mass Filing Supplemental Dispute Resolution Rules and Procedures, as applicable (the "NAM Rules"), then in effect. The NAM Rules are available at [www.namadr.com] or by calling 1-800-358-2379. A party who wishes to start arbitration must submit a Demand for Arbitration to NAM and notify the other party in writing.

The arbitration will be conducted by a single arbitrator, and the seat of the arbitration shall be Wilmington, Delaware, unless the parties agree otherwise. The payment of all filing, administration, and arbitrator fees will be governed by the NAM Rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator finds your claim frivolous.

12.6 Class Action Waiver

YOU AND ISEER & CO. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides that this Class Action Waiver is unenforceable, then the entirety of this Section 12 will be deemed void and the parties agree that the exclusive jurisdiction and venue described in Section 14.1 will govern any action arising out of or related to these Terms.

12.7 Right to Opt Out of Arbitration

You have the right to opt out of the binding arbitration and class action waiver provisions set forth in this section by sending written notice of your decision to opt out to [arbitration-opt-out@iseer.co] within thirty (30) days of first accepting these Terms. Your notice must include your full name and a clear statement of your intent to opt out. If you opt out, all other parts of these Terms will continue to apply to you.

The structure of this entire section is designed to maximize its enforceability against potential legal challenges of unconscionability. By providing a conspicuous notice, using clear and unambiguous language to explain the waiver of rights, specifying a reputable and neutral arbitration provider with consumer-friendly rules, and offering a clear 30-day opt-out provision, we are proactively addressing the key factors that courts consider when evaluating such clauses. This comprehensive approach is intended to demonstrate that the agreement to arbitrate is a knowing, voluntary, and fair component of the contractual relationship.

13.1 Term

These Terms will remain in full force and effect while you use the Services.

13.2 Termination by You

You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing all use of the Services.

13.3 Termination and Suspension by Us

We may, in our sole discretion, suspend or terminate your access to the Services, at any time and for any reason, including if we determine that:

• You have breached these Terms or our Acceptable Use Policy.
• We are required to do so to comply with applicable law.
• Your use of the Services could cause risk or harm to Iseer & Co., our users, or any other person.
• Your free Account has been inactive for more than one year, in which case we will provide you with advance notice.

The ability to suspend or terminate accounts based on a broad assessment of "risk or harm" is particularly crucial for an AI service. It provides the necessary flexibility to respond swiftly to novel forms of misuse or security threats that may not be explicitly enumerated in the AUP, ensuring we can protect the integrity of the platform and its user community.

13.4 Effect of Termination

Upon termination of these Terms, your license to use the Services will terminate, and you must cease all use. The following sections will survive termination: 2 (Definitions), 6 (User Content and Generated Content), 7 (Data Usage), 9 (Intellectual Property Rights of Iseer & Co.), 10 (Disclaimers and Limitation of Liability), 11 (Indemnification), 12 (Dispute Resolution), and 14 (General Provisions).

14.1 Governing Law and Venue

Except as provided in Section 12, these Terms will be governed by the laws of the State of Delaware, without regard to its conflict of laws principles. The exclusive jurisdiction and venue for any legal proceedings not subject to arbitration will be the state and federal courts located in New Castle County, Delaware, and each party waives any objection to jurisdiction and venue in such courts.

14.2 Modifications to the Terms

We may modify these Terms from time to time. If we make material changes, we will provide you with notice, such as by sending an email, posting a notice within the Services, or updating the "Last Updated" date at the top of these Terms. Your continued use of the Services after any such modification constitutes your acceptance of the new Terms. The dynamic nature of AI technology and its regulatory environment necessitates this flexibility to update our governing terms.

14.3 Entire Agreement

These Terms, along with the policies incorporated by reference, constitute the entire and exclusive understanding and agreement between Iseer & Co. and you regarding the Services, and supersede and replace all prior oral or written understandings or agreements between us.

14.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to do so, without such consent, will be void. We may freely assign or transfer these Terms without restriction.

14.5 Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

14.6 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

14.7 Trade Controls

You must comply with all applicable U.S. and international trade laws, including export controls and economic sanctions. You may not use the Services if you are located in, or for the benefit of, any embargoed country or are on any restricted party list maintained by the U.S. or other applicable government.

14.8 Contact Information

If you have any questions about these Terms, please contact us at [legal@iseer.co].

15.1 Privacy Policy

Our Privacy Policy explains how we collect, use, and share your Personal Data. By using our Services, you agree to the collection and use of information in accordance with our Privacy Policy.

15.2 Acceptable Use Policy

Our Acceptable Use Policy (AUP) details the rules you must follow when using our Services, including prohibitions on illegal, harmful, and abusive activities.

15.3 Copyright Policy (DMCA)

Iseer & Co. respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond expeditiously to claims of copyright infringement committed using our Service that are reported to our Designated Copyright Agent.

• Designated Agent

  Our agent designated to receive notifications of claimed infringement under the DMCA is:

  Copyright Agent, Iseer & Co.

  [Full Legal Name of Agent Entity/Individual]

  [Email Address]

• Takedown Notice

  If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringements by submitting a notice that complies with the DMCA and includes the required information to our Designated Agent.

• Counter-Notice

  If you believe your content was removed by mistake, you may submit a counter-notification to our Designated Agent.

This information must be officially registered with the U.S. Copyright Office to be effective.

15.4 Law Enforcement Request Policy

We are committed to protecting user privacy while complying with valid legal processes. Our policy for responding to requests for user data from law enforcement and government agencies is as follows:

• Requirement for Legal Process

  We require a valid and binding legal process, such as a subpoena, court order, or search warrant, issued in compliance with applicable law, before we will disclose user data. We will not disclose content data without a valid search warrant.

• User Notification

  It is our policy to notify users of any request for their data before disclosure, unless we are legally prohibited from doing so (e.g., by a court-issued gag order). We may also withhold notice in emergency situations involving a threat of imminent harm.

15.5 Vulnerability Disclosure Policy

We are committed to the security of our Services and value the contributions of the security research community. Our(link-to-vdp) provides guidelines for conducting vulnerability research and submitting reports to us.

• Reporting

  We provide a dedicated and secure channel for reporting potential security vulnerabilities.

• Scope

  The VDP defines which of our systems and products are in scope for testing.

• Safe Harbor

  We will not initiate legal action against researchers for good-faith efforts to comply with our VDP. This "safe harbor" provision is critical for fostering a collaborative and trusting relationship with the security community.