Terms of Service

Last Updated: 1/30/2025

These Terms of Service (“Terms”) govern your access to and use of this hosted chat service (the “Service”) operated by Anthony Diamond (referred to as “we,” “us,” or “our”), within the United States. By creating an account, using, or otherwise accessing the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

1. Eligibility and Scope

1. Age Requirement: You must be at least 16 years old (or the age of majority in your jurisdiction) to use the Service.
2. United States Only: The Service is intended for users located in the United States. We do not guarantee compliance with laws outside the U.S.
3. Acceptance: By accessing or using the Service, you represent and warrant that you meet all eligibility requirements and agree to abide by these Terms.

2. Nature of the Service

1. Research and Demo Purposes: The Service is provided as a non-commercial, research-oriented chat platform. It is not offered as a commercial product or service.
2. No Endorsement or Warranty: Outputs and content generated by the Service are for demonstration and research only. We do not guarantee accuracy, reliability, or fitness for any specific purpose.

3. User Accounts

1. Account Creation: You may be required to create an account using an email address or third-party authentication (e.g., Google). You must provide accurate and complete information.
2. Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.
3. Account Deletion: You may delete your account at any time by contacting us. We may also terminate or suspend accounts that violate these Terms or applicable laws.

4. User Conduct

1. Prohibited Activities: You agree not to use the Service in a manner that:
   
   • Violates any applicable law or regulation.
   • Infringes or violates the rights of others, including intellectual property rights or privacy rights.
   • Disrupts or interferes with the security or operation of the Service.
   • Involves the transmission of viruses, malware, or any other malicious code.
   • Involves harassing, threatening, or unlawfully discriminating content.
2. User-Generated Content:
   
   • You retain any intellectual property rights you hold in content you submit. By posting or submitting content, you grant us a non-exclusive, royalty-free, worldwide license to store, display, and use it for the Service’s operation and for research purposes.
   • You warrant that you have the necessary rights to submit any content and that your content does not violate these Terms or applicable law.

5. Intellectual Property

1. Service Content: Except for user-generated content, all materials made available through the Service, including text, graphics, logos, and software, are our property or are licensed to us. You may not copy, modify, distribute, or create derivative works from the Service content without our prior written consent.
2. MIT-Licensed Code (If Applicable): Any code we make publicly available under the MIT License is governed solely by the terms of that license, which is separate from these Terms.

6. Privacy

1. Privacy Policy: Our [Privacy Policy] describes how we handle the collection, use, and disclosure of personal information. By using the Service, you acknowledge that you have read and understand our Privacy Policy.
2. Data Usage: We use data, including your chat transcripts, for non-commercial, research-focused purposes as described in our Privacy Policy.

7. Disclaimer of Warranties

1. AS-IS Basis: The Service is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, express or implied.
2. No Guarantees: We do not guarantee that the Service will meet your requirements, be uninterrupted, secure, or error-free; nor do we guarantee the accuracy or reliability of any information obtained from the Service.
3. Use at Your Own Risk: Any actions you take based on the information or outputs provided by the Service are at your sole risk.

8. Limitation of Liability

1. Indirect Damages: To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, consequential, or exemplary damages arising out of or relating to your use of or inability to use the Service.
2. Aggregate Liability: In no event shall our total liability exceed the amount you paid (if any) to access or use the Service in the twelve months preceding the claim.
3. Applicability: Some jurisdictions do not allow the limitation of liability for certain types of damages; so, some of the above exclusions may not apply to you.

9. Indemnification

You agree to defend, indemnify, and hold harmless Anthony Diamond and any affiliates from and against any claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising out of or in any way connected with:

1. Your use of the Service.
2. Your breach or alleged breach of these Terms.
3. Any content you submit or post to the Service.

10. Modifications and Termination

1. Modifications to the Service: We may update, modify, or discontinue the Service (in whole or in part) at any time without prior notice.
2. Termination by Us: We reserve the right to suspend or terminate your access to the Service at our sole discretion if we believe you have violated these Terms or applicable laws.
3. Effect of Termination: Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

11. Governing Law and Dispute Resolution

1. Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws principles.
2. Venue: Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in Seattle, WA, and you consent to personal jurisdiction in those courts.
3. Injunctive Relief: Nothing in these Terms shall prevent us from seeking injunctive relief in any appropriate jurisdiction in the event of any unauthorized use of the Service or violation of intellectual property rights.

12. Changes to These Terms

We may revise these Terms from time to time. If we make material changes, we will provide notice (e.g., by posting a notice or sending an email). Your continued use of the Service after any changes become effective constitutes acceptance of the revised Terms.

13. General Provisions

1. Entire Agreement: These Terms (together with any referenced documents) constitute the entire agreement between you and us regarding the Service.
2. No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
3. Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
4. Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

14. Contact Information

If you have any questions about these Terms, or wish to contact us for any reason, you may email:
prismframeworkai@gmail.com