Terms of Service for Cereba
Last Updated: April 1st, 2024
Welcome to Cereba!
Our platform, including our AI Communication Tool, C.O.R.E., is designed to enhance your customer engagement through intelligent, brand-aligned conversations. By accessing or using Cereba, you agree to be bound by these Terms of Service ("Terms"), so please read them carefully. These Terms of Use apply to your use of Cereba.ai, a HumanCo company. These Terms form an agreement between you and HumanCo L.L.C., a Rhode Island company, and they include our Service Terms and important provisions for resolving disputes through arbitration. By using our Services, you agree to these Terms.
Our
Privacy Policy explains how we
collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.
Who we areCereba is an AI services and marketing company. Our mission is to empower sales companies with powerful AI powered communication and data analyzation tools and allow them to provide a better experience to their customers.
Access to our productsMinimum Age: You must be at least 18 years old to sign up and use our platform.
Registration: You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
Your Rights and Responsibilities
Your Access and Use: Provided you adhere to these Terms, HumanCo LLC grants you the permission to access and utilize Cereba.ai. Your use of Cereba.ai must not only follow all relevant laws but also adhere to our Content Sharing & Publication Guidelines, Utilization Standards, and any additional documents, rules, or policies we provide.
Prohibited Actions: Engaging with Cereba.ai in any unlawful, damaging, or malicious manner is strictly forbidden. Specifically, you are prohibited from:Employing Cereba.ai in a manner that breaches, usurps, or contravenes any party's rights. Altering, duplicating, leasing, selling, or distributing any aspect of Cereba.ai. Trying or aiding others in reverse engineering, decoding, or unraveling the source code or foundational elements of Cereba.ai, including its models, algorithms, or systems, unless such actions are explicitly permitted by law. Extracting data or results from Cereba.ai in an automated or systematic way. Misrepresenting any Cereba.ai-generated results as if they were produced by humans. Disrupting or obstructing Cereba.ai's operation, including sidestepping any usage limitations or security measures.Utilizing Cereba.ai-generated content to create competing models or technologies.
Software Use: Cereba.ai might provide downloadable software, like mobile apps, which may automatically update to guarantee you have the most current version. This software may encompass open source components under their respective licenses, which are available to you.
Organizational Use: If you sign up with a corporate email, your account may be integrated into your employer’s business account with HumanCo LLC, following which we will inform you to assist in transitioning your account, except where your organization has already informed you of their monitoring and control rights over your account. Post-transfer, your organization’s admin will have control over your account, including content access and account restrictions.
Interacting with Third-Party Services: Cereba.ai may incorporate or offer access to third-party software, products, or services, alongside content derived from such third-party sources. These are governed by their own terms, and HumanCo LLC assumes no responsibility for them.
Feedback and Contributions: We value and encourage your insights or feedback regarding Cereba.ai, which we may use freely without any obligation to compensate you.
Managing Your Content
Your Contributions: When interacting with Cereba.ai, you may supply data or content (“Input”) and receive analyses or results based on this Input (“Output”), collectively known as “Content”. It's your responsibility to ensure that this Content complies with all relevant laws and these Terms. You affirm that you possess all necessary rights, licenses, and permissions required to provide Input to Cereba.ai.
Content Ownership: In relation to HumanCo LLC, and within the bounds of the law, you: (a) maintain ownership over your Input; and (b) gain ownership of the Output. We transfer to you any rights we might have in the Output.
Content Uniqueness: Given the nature of AI and our services, Output may share similarities with that of other users. Our transfer of rights does not apply to Output received by other users or to any Third-Party Content.
Utilization of Content: HumanCo LLC may use Content to enhance, maintain, and develop Cereba.ai, adhere to legal obligations, enforce our terms and guidelines, and ensure the safety of our services.
Opt-Out Provision: If you prefer we not use your Content for model training, you have the option to opt out by following guidance available in our Help Center. Be aware that opting out might limit Cereba.ai’s ability to cater specifically to your needs.
On Accuracy: AI and machine learning are advancing fields. We are dedicated to refining Cereba.ai to boost its accuracy, reliability, safety, and usefulness. However, given machine learning’s probabilistic nature, Cereba.ai’s Output might not always reflect accurate representations of people, places, or facts.By using Cereba.ai, you acknowledge:The accuracy of Output may vary. It shouldn’t be solely relied upon for factual information or replace professional advice.You are responsible for assessing the accuracy and suitability of Output for your purposes, which may include human verification, prior to its application or dissemination.You must not use Output related to individuals for decisions that could significantly affect them, like those concerning credit, employment, housing, insurance, legal issues, medical treatment, or other vital matters.Output from Cereba.ai might be incomplete, erroneous, or offensive, and does not necessarily reflect the views of HumanCo LLC. Mention of third-party products or services in the Output does not imply endorsement or affiliation with HumanCo LLC.
Financial Terms for Cereba.ai Services
Billing Policies: When subscribing to Cereba.ai, you agree to supply accurate and complete payment information, including a valid payment method. For continuous subscriptions, charges will be applied automatically to your chosen payment method at each renewal period until the subscription is cancelled by you. You are liable for any taxes that apply, and taxes will be added to the billing where required. Should a payment fail, we may either downgrade your account or pause your access to our services until payment is successfully received.
Prepaid Service Credits: Cereba.ai offers the option to purchase service credits in advance for use towards our services. These credits are governed by specific terms which are detailed in our Service Credit Agreement.
Subscription Cancellation: You are free to cancel your paid subscription to Cereba.ai at any time. It's important to note that payments already made are not refundable, except in instances where refunding is mandated by law. These Terms are designed to be compliant with, but not to override, any local laws that you have concerning cancellation rights.
Price Adjustments: We reserve the right to modify our pricing. Should there be an increase in subscription costs, we commit to notifying you at least 30 days in advance. Any such price increase will only be applied at the time of your next subscription renewal, providing you the opportunity to cancel should you disagree with the price change.
Termination and Account Management for Cereba.ai
Terminating Your Use: At any time, you have the liberty to discontinue using Cereba.ai services. Conversely, HumanCo LLC holds the authority to either suspend your access to Cereba.ai or deactivate your account under certain conditions, including but not limited to:Violations of these Terms or our Utilization Guidelines.Legal compliance requirements necessitating such action.Situations where your interaction with Cereba.ai is deemed to potentially harm HumanCo LLC, our clientele, or any third parties.Moreover, should your account remain dormant for over a year without a subscription, we may opt to terminate it, in which case you will be notified in advance.
Account Appeals: If you are of the opinion that your account has been unjustly suspended or terminated, we encourage you to reach out to our Support Team to initiate an appeal process. We are committed to reviewing every case with due diligence to ensure fair treatment.
Service Warranties and Liability for Cereba.ai
Disclaimer of Warranties:Cereba.ai is provided on an "AS IS" basis. To the fullest extent permitted under applicable law, HumanCo LLC, along with our affiliates and licensors, disclaim all warranties, be they express, implied, statutory, or otherwise. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, as well as any warranties arising from course of dealing or usage in trade. We do not guarantee that Cereba.ai will operate without interruption, be error-free, or ensure that data will not be lost or compromised.You acknowledge and agree that your reliance on and use of any outputs from Cereba.ai is solely at your risk, and such outputs should not be the only source of truth or used as a substitute for professional advice.
Limitation of Liability:Neither HumanCo LLC nor our affiliates or licensors shall be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, even if advised of the possibility of such damages. Our total liability under these Terms will not exceed the greater of the amount paid by you for the service in question during the 12 months preceding the claim or one hundred dollars ($100), to the maximum extent the law permits.The limitations of liability set forth herein apply unless prohibited by law, in which case, these Terms aim to limit our responsibilities within the permissible scope in your jurisdiction.
Indemnification:If you are a business or organization, you agree, to the extent allowed by law, to indemnify and hold harmless HumanCo LLC, our affiliates, and our personnel against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of Cereba.ai, your content, or your breach of these Terms.This section is intended to benefit HumanCo LLC’s affiliates, suppliers, licensors, and distributors as third-party beneficiaries.
Dispute Resolution for Cereba.ai
Agreement on Arbitration and Class Action Waiver:You and HumanCo LLC commit to the arbitration and class action waiver terms outlined here for resolving disputes that arise in connection to these Terms or the use of Cereba.ai services, irrespective of the dispute's origin date.
Mandatory Arbitration: Any disputes, known or hereafter arising, are to be settled through binding arbitration. Opting out of arbitration is possible within 30 days of account creation or within 30 days following any updates to these terms by completing a specified form. In cases of opt-out, the last agreed-upon arbitration terms will remain applicable.
Informal Dispute Resolution: Prior to legal action, we aim to resolve disputes informally. This involves notification processes via specified forms and attempting resolution within 60 days, including the possibility of an individual settlement conference upon request. The statute of limitations for claims will be paused during this period.
Arbitration Forum and Procedures: If informal resolution fails, arbitration may be initiated with National Arbitration and Mediation (“NAM”), adhering to its specific rules. The arbitration will primarily be conducted via videoconference, with in-person hearings if necessary, within Rhode Island or as determined appropriate. The arbitrator, a retired judge or a lawyer licensed in Rhode Island, will have sole authority to resolve disputes, excluding certain claims detailed below.
Exceptions and Class Action Waivers: Certain claims, including individual small claims court actions and requests for injunctive relief against service misuse or intellectual property violations, are exempt from arbitration. Disputes must be filed on an individual basis, prohibiting class, consolidated, or representative actions. Any public injunctive relief requests will be litigated separately post-arbitration. Both parties waive the right to a jury trial unequivocally.
Batch Arbitration: For disputes involving 25 or more similar claimants within 90 days, batch arbitration under NAM may occur, with each batch handling up to 50 claimants. Should any portion of this section be deemed invalid, affected claims will proceed as individual arbitrations.
Severability: If any part of these arbitration terms is found illegal or unenforceable, the remainder stays effective, unless such partial invalidity permits class or representative actions, in which case the entire section becomes unenforceable.
Copyright Complaints for Cereba.aiIf you suspect a violation of your intellectual property rights, please direct your notification to the following address or complete the specified online form. HumanCo LLC will act to remove or disable access to content believed to be infringing upon these Terms or reported as such and will terminate the accounts of repeat infringers when deemed necessary.
Contact Information for Notices:
HumanCo LLC
163 Exchange St, Suite 101
Pawtucket, RI 02861
Attention: General Counsel / Copyright Agent
Requirements for Written Claims:To lodge a copyright complaint, ensure your notification includes:
The physical or electronic signature of the individual authorized to represent the owner of the copyright.
Detailed description of the copyrighted work you claim has been infringed.
Identification of the location on our site where the alleged infringing material is found, to assist us in locating it.
Your contact details: address, telephone number, and email address.
A declaration from you, asserting a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law.
A statement from you, made under penalty of perjury, affirming that the information provided in your notice is accurate and that you are the copyright owner or are authorized to act on their behalf.
