Terms of Service
Last modified: May 17, 2023
1.1. Purpose of Terms of Service
These Terms of Service ("Terms") govern the access and use of our product Gista, an AI chat product provided by Dot Product AI, a Delaware-based corporation, on a Software as a Service ("SaaS") subscription basis. The purpose of these Terms is to establish the legal relationship between Dot Product AI Inc ("DP") and its users, including Administrators, End Users, and Other Users (collectively, "Users"), and to set forth the rights, obligations, and responsibilities of each party.
1.2. Acceptance of Terms
By accessing, registering for, or using Gista, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use Gista. You represent and warrant that you have the legal authority to accept these Terms on behalf of yourself or the entity you represent.
1.3. Modifications to Terms
DP reserves the right to modify these Terms at any time. We will provide reasonable notice of any material changes to the Terms, either by posting an updated version on our website or by notifying you through the Gista platform or via email. Your continued use of Gista after the effective date of any changes constitutes your acceptance of the modified Terms.
1.4. Language and Governing Law
These Terms are written in English. In case of any conflict between the English version and any translated version, the English version shall prevail. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
2. Account Registration and Management
2.1. Account Types (Administrator, End User, Other User)
Gista offers three types of accounts: Administrator, End User, and Other User. The Administrator is the individual or entity that subscribes to Gista and is responsible for payment. End Users are individuals who have been granted access to Gista by the Administrator, typically employees or team members within the organization. Other Users are individuals who interact with Gista but do not have an account, such as customers or external partners. All Users are collectively referred to as "Users" in these Terms.
2.2. Account Creation and Requirements
To use Gista, Administrators must register for an account by providing the required information, including a valid email address and payment information. Administrators are responsible for ensuring that all information provided during registration is accurate, complete, and up-to-date. Administrators must be at least 18 years of age or the age of majority in their jurisdiction, whichever is older.
2.3. Account Security and Responsibility
Users are responsible for maintaining the confidentiality of their account credentials, including usernames and passwords. Users must promptly notify DP of any unauthorized use of their account or any other breach of security. DP shall not be liable for any loss or damage arising from a User's failure to comply with these security obligations.
2.4. Account Termination
Users may terminate their Gista account at any time by following the instructions provided within the Gista platform or by contacting DP . DP may terminate or suspend a User's account for any reason, including but not limited to, breach of these Terms, non-payment of fees, or inactivity. Upon account termination, Users shall lose access to Gista and any associated data.
3. Subscription Plans and Billing
3.1. Free Trial Plan
Gista offers a free trial plan for a limited period, allowing Administrators to evaluate the service before committing to a paid subscription. During the free trial period, Users have access to a limited set of features and functionalities. Upon the trial's expiration, Administrators must upgrade to a paid subscription plan to continue using Gista.
3.2. Monthly Subscription Billing
Administrators can subscribe to Gista on a monthly basis. Monthly subscription fees will be billed automatically at the beginning of each billing cycle, using the payment method provided during registration. The subscription will renew automatically each month unless canceled by the Administrator.
3.3. Annual Subscription Billing
Administrators can also opt for an annual subscription plan, offering a discounted rate compared to the monthly subscription. Annual subscription fees will be billed in full at the beginning of each billing cycle. The subscription will renew automatically each year unless canceled by the Administrator.
3.4. Payment Methods
Administrators must provide a valid payment method, such as a credit card or other accepted payment method, to pay for their subscription. By providing payment information, Administrators authorize DP to charge the applicable fees for their chosen subscription plan.
3.5. Cancellations and Refunds
Administrators may cancel their subscription at any time. Cancellations must be initiated through the Gista platform or by contacting DP . No refunds will be issued for monthly subscriptions. For annual subscriptions, a prorated refund may be available at DP 's sole discretion.
3.6. Changes to Subscription Plans
DP reserves the right to modify subscription plans, features, and pricing at any time. We will provide reasonable notice of any material changes, either by posting an updated version on our website or by notifying Administrators through the Gista platform or via email. Administrators' continued use of Gista after the effective date of any changes constitutes acceptance of the updated subscription plan and pricing.
4. Access and Use of Gista
4.1. License Grant
Subject to these Terms and the applicable subscription plan, DP grants Users a limited, non-exclusive, non-transferable, and revocable license to access and use Gista for its intended purposes.
4.2. User Responsibilities and Conduct
Users are responsible for using Gista in compliance with these Terms, applicable laws, and regulations. Users shall not engage in any activity that interferes with, disrupts, or negatively affects the operation of Gista, other Users' enjoyment, or the integrity or security of the platform.
4.3. Restrictions on Use
Users shall not: (a) sublicense, resell, lease, or otherwise distribute Gista to third parties; (b) use Gista for any unlawful, fraudulent, or malicious purposes; (c) attempt to gain unauthorized access to Gista, other Users' accounts, or DP 's systems or networks; (d) reverse engineer, decompile, or disassemble Gista; or (e) remove, obscure, or alter any proprietary notices or labels on Gista.
4.4. Compliance with OpenAI API Usage Policies
Gista utilizes the OpenAI API, and as such, Users must comply with OpenAI's usage policies in addition to these Terms. Users acknowledge that any violation of OpenAI's usage policies may result in the suspension or termination of their access to Gista.
4.5. International Access
Gista is intended for global access and use. Users are responsible for compliance with all local laws and regulations applicable to their use of Gista. DP makes no representation that Gista is appropriate or available for use in all jurisdictions and reserves the right to limit or restrict access to Gista in certain locations at its sole discretion.
5. User-Generated Content and Data
5.1. User Content Ownership
Users retain all ownership rights in the content they upload or create through Gista, including but not limited to text, images, audio, video, and other forms of content ("User Content"). Users are solely responsible for the User Content they create and upload to Gista.
5.2. License to Use User Content
By uploading or creating User Content on Gista, Users grant DP a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content for the purposes of providing and improving Gista and DP 's services.
5.3. Data Sharing with Third Parties
DP may share User Content and other data collected through Gista with designated third parties for the purposes of improving the platform, enhancing User experience, and developing new features. DP shall ensure that all data shared with third parties is anonymized, de-identified, or aggregated to protect User privacy.
5.4. Data Retention and Deletion
DP retains User Content and other data collected through Gista for a period necessary to fulfill the purposes outlined in these Terms or as required by law, regulation, or internal policies. Users may request the deletion of their User Content and associated data by contacting DP . Deletion of User Content and data may result in the loss of access to certain features or functionalities of Gista.
5.5. Corporate Notification
DP may use the logos of corporate clients who subscribe to and use Gista for promotional, marketing, or reference purposes, such as displaying client logos on DP's website or marketing materials to demonstrate the platform's usage and track record. By subscribing to and using Gista, corporate clients grant DP a non-exclusive, royalty-free, worldwide license to use their logos for such purposes. If a corporate client wishes to opt out of this usage, they must provide DP with a written notice stating their request to opt out.
6. Intellectual Property Rights
6.1. DP Ownership
All intellectual property rights in and to Gista, including but not limited to copyrights, trademarks, service marks, and trade secrets, are owned by or licensed to DP . Users acknowledge that they do not acquire any ownership rights in Gista by accessing or using the platform.
6.2. User Ownership
Users retain all ownership rights in their User Content. Users are solely responsible for protecting their intellectual property rights in their User Content and for ensuring that their use of Gista does not infringe upon the rights of third parties.
6.3. Infringement Claims and Notices
If you believe that your intellectual property rights have been infringed by Gista or by any User Content, please provide DP with a written notice containing the following information: (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) a description of where the material that you claim is infringing is located on Gista; (c) your contact information, including your address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (e) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner's behalf. DP will respond to such notices in accordance with applicable laws.
7. Limitation of Liability and Warranty Disclaimer
7.1. No Warranty
Gista is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. DP does not warrant that Gista will be error-free, secure, or uninterrupted, or that any defects will be corrected.
7.2. Limitation of Liability
In no event shall DP , its affiliates, directors, officers, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with the access or use of, or inability to access or use, Gista, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not DP has been informed of the possibility of such damages.
7.3. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
7.4. Indemnification by Users
Users agree to defend, indemnify, and hold harmless DP , its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (a) their access to or use of Gista, (b) their violation of these Terms, (c) their violation of any applicable laws or regulations, or (d) their infringement of any intellectual property or other rights of any third party.
7.5. Responsibility for External Party Usage
DP shall not be responsible or liable for any issues or damages arising from the use of external parties' services, such as servers or APIs, that are utilized in the operation of Gista. Users acknowledge that they use such services at their own risk and agree to hold DP harmless from any claims or liabilities arising from their use.
7.6. Maximum Liability
8. Termination and Suspension of Service
8.1. Termination by DP
DP reserves the right, in its sole discretion, to terminate or suspend any User's access to Gista, without prior notice, for any reason or no reason, including but not limited to: (a) breach of these Terms; (b) non-payment of fees; (c) misuse or abuse of the platform; or (d) any other conduct that DP deems harmful to its interests, the interests of other Users, or the proper functioning of Gista.
8.2. Termination by User
Users may terminate their access to Gista at any time by following the instructions provided within the Gista platform or by contacting DP . Termination of access to Gista will result in the deletion of the User's account and all associated data.
8.3. Effect of Termination
Upon termination or suspension of a User's access to Gista, the User's right to use the platform will immediately cease, and DP may, in its sole discretion, delete all of the User's account information, User Content, and other data associated with the User's use of Gista. DP shall have no liability for any losses or damages arising from the termination or suspension of a User's access to Gista, and the User shall not be entitled to any refunds or compensation as a result of such termination or suspension.
8.4. Survival of Terms
The provisions of these Terms that by their nature should survive termination or suspension of a User's access to Gista, including but not limited to Sections 5 (User-Generated Content and Data), 6 (Intellectual Property Rights), 7 (Limitation of Liability and Warranty Disclaimer), 8.3 (Effect of Termination), and 8.4 (Survival of Terms), shall survive any termination or suspension and continue to apply to Users even after their access to Gista has been terminated or suspended.
Users may not assign or transfer their rights or obligations under these Terms without the prior written consent of DP . DP may assign or transfer its rights and obligations under these Terms without restriction.
9.2. Entire Agreement
These Terms, together with any other documents incorporated by reference, constitute the entire agreement between Users and DP concerning the access and use of Gista and supersede any prior or contemporaneous agreements, representations, or understandings between the parties, whether oral or written.
9.3. Waiver and Severability
No waiver by DP of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, and any failure by DP to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
9.4. Force Majeure
DP shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.
9.5. Notices and Contact Information
All notices, requests, and other communications under these Terms must be in writing and sent to the address specified by DP on the Gista platform or website, or to any other address that DP may designate in writing. All notices will be deemed to have been given when received, if personally delivered; when transmitted, if transmitted by electronic mail or facsimile; the day after being sent, if sent for next-day delivery by a recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. If you have any questions or concerns about these Terms, please contact DP at the address provided on the Gista platform or website.