Terms of Service
Last updated: January 20, 2025
Introduction
To submit a Data Subject Request or other privacy request, please contact us at [[email protected]].This Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.We use Your Personal Data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
1. Definitions
Below are key terms used in these Terms of Service:
- “Aggregated Statistics” means data and information related to Customer's use of the Services used by Copymatrix in an aggregated and anonymized manner, including to compile statistical and performance information.
- “Arbitration Agreement” means the mandatory individual arbitration provision in Section 11(b).
- “Authorized User” means Customer's employees, consultants, contractors, and agents who are authorized by Customer to access and use the Services, and for whom access has been purchased.
- “Class Action/Jury Trial Waiver” means the waiver provision in Section 11(c).
- “Confidential Information” means information about either party's business affairs, products, trade secrets, and other proprietary information, in written, electronic, or other form, marked or identified as confidential (or which should be deemed confidential by its nature).
- “Customer Account” means your account on the Services.
- “Customer Property” means (i) Input, (ii) Output, and (iii) other content provided by Customer to Copymatrix for processing.
- “Documentation” means Copymatrix's user manuals, handbooks, or guides, provided electronically and relating to the Services.
- “Feedback” means communications or materials you send suggesting improvements or new features to the Services.
- “Input” means information you enter into the Services (e.g., prompts) that you own or have rights to. It does not include Copymatrix Property.
- “Intellectual Property Rights” means all intellectual property rights under any jurisdiction, including copyrights, patents, trade secrets, trademarks, and service marks.
- “Copymatrix Property” means (i) the Services, (ii) the Documentation, and (iii) related content or materials owned by Copymatrix, excluding Output. Copymatrix Property includes Aggregated Statistics but excludes Customer Property.
- “Output” means the AI-generated content returned by the Services to you, based on your Input. It excludes Copymatrix Property.
- “Privacy Policy” refers to Copymatrix's privacy policy at https://www.copymatrix.ai/privacy.
- “Services” means the online services, website, and software provided by Copymatrix, as described on www.copymatrix.ai.
- “Term” means the term of this Agreement, starting on the Effective Date and lasting as long as you have an active subscription.
- “Third-Party Products” means third-party services, websites, or other materials accessible via the Services.
- “User” or “Users” means all visitors, including you, who access the Services.
- “User Accounts” means the different account types for different types of Users.
2. Access and Use
2(a) Eligibility
You must read and agree to this Agreement before using the Services. You may only use the Services if you can form a binding contract with Copymatrix and only in compliance with all applicable laws. The Services are not available to persons under 13 (or 16 in certain jurisdictions) or to anyone previously banned by Copymatrix.
2(b) Provision of Access
Subject to this Agreement and your payment of fees, Copymatrix grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to use the Services for your internal business needs during the Term. Copymatrix will provide necessary credentials for access.
2(c) Documentation License
Copymatrix grants you a non-exclusive, non-transferable license for Authorized Users to use the Documentation solely for internal business purposes in connection with the Services.
2(d) Accounts
You must maintain accurate information in your Customer Account and keep your password secure. You agree to notify Copymatrix immediately of any unauthorized use. Copymatrix is not liable for losses from unauthorized account use. By providing an email address, you consent to receive Services-related notices electronically.
2(e) Use Restrictions
- Do not copy, distribute, or resell the Services in any medium.
- Do not use automated systems to send more requests than a human could reasonably produce.
- Do not transmit spam or malicious software.
- Do not interfere with system integrity or security or attempt to decipher transmissions.
- Do not upload harmful code or harvest personal data without permission.
- Do not impersonate another person or hide your identity to commit fraud.
- Do not bypass or attempt to bypass access restrictions implemented by Copymatrix.
2(f) Aggregated Statistics
Copymatrix may monitor your usage to compile Aggregated Statistics. All rights to Aggregated Statistics belong to Copymatrix, provided such data does not specifically identify you.
2(g) Reservation of Rights
Copymatrix retains all rights not explicitly granted. No additional implied rights are granted to you.
2(h) Suspension
Copymatrix may suspend or terminate your access to the Services if there is a security threat, fraudulent activity, legal prohibition, or violation of this Agreement. No notice is required.
2(i) Changes to the Services
We may modify or discontinue any part of the Services at any time without liability. We may terminate or suspend your access for any reason, with or without notice.
2(j) Processing of Personal Data
You generally do not need to submit Personal Data in your Input. If you do, you must first execute our Data Processing Addendum (DPA). Where Copymatrix acts as a data controller, processing is subject to our Privacy Policy.
2(k) In-Product Cookies
Copymatrix uses first-party cookies for secure, reliable Services. See our In-Product Cookie Policy for details.
3. Intellectual Property Rights
3(a) Customer Property
We do not claim ownership of your Customer Property. By submitting Customer Property, you grant Copymatrix a worldwide, irrevocable license to use, reproduce, distribute, and create derivative works as needed to provide and improve the Services. You warrant you have the right to grant these licenses, and your Customer Property does not infringe others' rights.
3(b) Copymatrix Property
Copymatrix and its licensors exclusively own the Services, Documentation, and all related intellectual property. You may not modify, distribute, or create derivative works of Copymatrix Property except as permitted by this Agreement. Aggregated Statistics and any data derived from your usage, excluding Customer Property, are owned by Copymatrix. If you provide Feedback, Copymatrix may use it without obligation to you.
3(c) DMCA Notice
If you believe content on our Services infringes your copyright, submit a DMCA notice to [email protected]. Provide all required information under 17 U.S.C. §512(c)(3). Copymatrix may terminate repeat infringers' accounts.
4. Customer Responsibilities
4(a) Acceptable Use Policy
You must comply with Copymatrix's Acceptable Use Policy and all applicable laws when using the Services.
4(b) Account Use
You are responsible for all actions under your Customer Account and your Authorized Users' compliance with this Agreement. Any violation by an Authorized User is deemed a violation by you.
4(c) Passwords
Keep your credentials confidential and do not sell or transfer them. Notify us immediately if they are compromised.
4(d) Third-Party Products
Using third-party services or integrations is subject to their separate terms. Copymatrix is not liable for third-party services or content. You assume all risk when using them.
5. Fees and Payment
5(a) Billing Policies
Some features require payment. By using paid features, you agree to our posted Pricing and Payment Terms. We may change fees at our discretion.
5(b) No Refunds
All fees are non-refundable. If we suspend or terminate your account, no refunds are provided.
5(c) Free Trials
Copymatrix or third parties may offer free trials. Unless you cancel before the trial ends, your subscription will convert to a paid one.
5(d) Automatic Renewal
Subscriptions renew automatically. You authorize us to charge your payment method unless you cancel before the renewal date.
5(e) Risk of Loss
Any physical products sold are delivered by a carrier. Title and risk of loss pass to you upon delivery to the carrier.
5(f) Payment Information; Taxes
We process payments using third-party providers (e.g., Stripe). You must provide accurate payment info. You are responsible for taxes on your purchases.
6. Confidential Information
Each party agrees to protect the other's Confidential Information and only disclose it to those who need to know for obligations under this Agreement. Disclosures required by law are permitted after notice, if allowed. Obligations last for five years from disclosure or as long as the information remains a trade secret. We strive to protect your data but cannot guarantee absolute security.
7. Privacy Policy
Copymatrix handles personal data according to our Privacy Policy at https://www.copymatrix.ai/privacy. By using the Services, you acknowledge and consent to our data practices.
8. Warranty Disclaimer
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES. USE IS AT YOUR OWN RISK. WE DISCLAIM ALL IMPLIED WARRANTIES (E.G., MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE). WE DO NOT GUARANTEE UNINTERRUPTED, ERROR-FREE SERVICE OR THAT THE SERVICES WILL MEET YOUR NEEDS. CERTAIN JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.
9. Indemnification
You agree to defend, indemnify, and hold Copymatrix and its affiliates harmless from claims, damages, and expenses (including attorneys' fees) arising from your or your Authorized Users' (i) use of the Services, (ii) violation of this Agreement, or (iii) violation of any law or third-party rights.
10. Limitations of Liability
TO THE EXTENT PERMITTED BY LAW, COPYMATRIX WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF ADVISED. OUR TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT YOU PAID US IN THE PAST 12 MONTHS OR $50. THESE LIMITATIONS MAY NOT APPLY IN SOME JURISDICTIONS.
11. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
11(a) Governing Law
This Agreement is governed by Delaware law without regard to conflict-of-laws principles. The Federal Arbitration Act governs Section 11(b). You submit to exclusive jurisdiction in Delaware for any non-arbitrable claims.
11(b) Arbitration
Any dispute relating to this Agreement must be resolved by binding arbitration before the American Arbitration Association (AAA), except as otherwise noted. You may opt out of arbitration within 30 days of first agreeing to these Terms by emailing [email protected]. You must try informal resolution first. If unresolved after 60 days, the dispute goes to AAA arbitration. Claims under small claims court are allowed if they qualify.
11(c) Class Action/Jury Trial Waiver
YOU WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS. PUBLIC INJUNCTIVE RELIEF, IF ANY, MUST BE LITIGATED IN COURT BUT OTHER CLAIMS REMAIN IN ARBITRATION.
12. Miscellaneous
12(a) Entire Agreement; Severability
This Agreement, plus any referenced documents, is the entire agreement. If any provision is deemed invalid, the rest remain in effect.
12(b) Modifications
We may modify this Agreement by posting updated terms. We will provide notice of material changes (e.g., email). Continued use after updates indicates acceptance.
12(c) Export Regulation
The Services may be subject to U.S. export control laws. You agree not to export the Services in violation of laws or regulations.
12(d) U.S. Government Rights
The Services are “commercial computer software.” Government agencies receive no greater rights than other end users.
12(e) No Waiver
No failure to enforce a right shall constitute a waiver. Copymatrix's rights are not waived by inaction.
12(f) Notices
Send notices to Copymatrix at our official address by mail or courier. We may notify you via email or the Services. You consent to electronic communications.
12(g) Assignment
You may not assign your rights without our written consent. We may assign freely.
Last updated: January 20, 2025