Terms of Service

These Terms of Service apply when you are using the products and services of syllabyte.ai or its affiliates ("Service", "Services"), the website ("Website"). By using our Services, you agree to these Terms and agree to be bound by this Terms of Service Agreement ("Agreement"), and to our Privacy Policy, which explains how we collect and use personal information, and our Cookie Policy, which explains how we use cookies and similar technologies.

Account Registration and Administration

By registering for and accessing our Website and Services, you agree to the following terms:

• That you are 18 years or older and legally able to enter into contracts;
• You will provide accurate and complete registration information and update it as necessary;
• You are responsible for the maintenance and confidentiality of your account and password;
• You will notify us of any unauthorised use of your account
• You will not share your account to another person;
• We reserve the right to terminate your account at any time for any reason, including, but not limited to, a violation of these Terms of Service;
• You will comply with all applicable laws and regulations in connection with your use of the Website and Services;
• You understand and acknowledge that we do not guarantee the accuracy or completeness of any information on the website and that we are not responsible for any errors or omissions or for the results obtained from the use of such information.

Our Service

By accessing and using our Services, you agree to comply with all Terms and all applicable laws when using this service, including but not limited to the following terms:

• You will only use the Services for lawful purposes and in compliance with all applicable laws and regulations;
• You will not use the Services for any fraudulent or unauthorised purpose, or in any way that could damage, disable, or impair the Services;
• You will not use or share with the Services any personally identifiable information, including without limitation, account names, email addresses or any other contact information;
• You will not use the Services to engage in any activity that infringes the intellectual property rights of any third-party;
• You understand and acknowledge that we reserve the right to terminate or suspend your access to the Services at any time, with or without notice, for any reason, including but not limited to, a violation of these Terms of Service.

Cookies and Data Collection

Our website uses cookies and similar technologies to enhance your experience, analyze usage, and provide personalized content. We use a consent management system to ensure compliance with applicable data protection regulations including GDPR and CCPA.

When you first visit our website, you will be presented with a cookie consent banner. You can choose to accept or decline non-essential cookies. Essential cookies necessary for the operation of our website will be used regardless of your choice. You can change your cookie preferences at any time.

For detailed information about the types of cookies we use, their purpose, and how to manage them, please refer to our Cookie Policy. For information about how we handle your personal data, please refer to our Privacy Policy.

Service Availability

Although we try to provide continuous availability to you, we do not guarantee that the website will always be available, work, or be accessible at any particular time. We cannot guarantee that anything found on our website will work to the functionality desired by you or give you any desired results and we cannot accept any liability for service availability or reliability. We reserve the right to modify, update, or discontinue any aspect of the website at our sole discretion, at any time, for any or no reason, and without notice or liability.

Third Party Services & Links

Our website may include links to or integrations with third-party services and websites. By using these third-party services you agree, understand and acknowledge the following terms:

• That we are not responsible for the content or accuracy of any third-party services or websites and that we do not endorse or sponsor any third-party services or websites;
• We are not responsible for any loss or damage that may result from your use or reliance on any third-party services or websites;
• We are not responsible for any errors or omissions in the information provided by any third-party services or websites;
• We are not responsible for any security breaches or other issues that may arise from your use of third-party services or websites;
• That the terms of services and privacy policies of any third-party services or websites will govern your use of those services and that we are not responsible for any violations of those terms of service or privacy policies. Content

Content

You own all pre-existing lesson planning, assessment, and other content that you bring to the platform ("Your Materials"). However, we reserve the right to view Your Materials in order to improve our services and to send Your Materials to Open AI as part of your usage of the platform. In such cases, we will take reasonable steps to protect your data and will not share your content with any third parties.

When you provide input to the Services (“Input”) this will be used solely for the purpose of generating the requested output (“Output”). You agree that you will be responsible for ensuring that the Input provided is accurate, complete, and compliant with all applicable laws and regulations. The Output generated by the system shall be provided on an 'as is' basis and the Company shall not be held liable for any errors or inaccuracies in the Output, or for any damages resulting from the use of the Output. Input and Output are collectively “Content”. As between the parties and to the extent permitted by applicable law, you own all Input and subject to compliance with these Terms, the Company assigns you all right, title and interest in and to the Output to the extent permitted by law. The Company shall not be held responsible for any infringement of third-party intellectual property rights that may occur as a result of the Input or Output provided by the User. The Company may use Content as necessary to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for and ensuring that it does not violate any applicable law or these Terms.

Due to the nature of AI and machine learning, Output may not be unique across users of this Service. Other users may have similar Inputs and receive similar Outputs. Output requested by other users is not considered your Content.

You agree that the Company may use Content to develop and improve the Services. If you do not want your Content to be used to improve Services, you can opt out by contacting our Customer Support. Please note that in this case that this may limit your ability to use our Services.

Subscription Term, Renewal, and Fee Payments

The Service may permit you to link to other websites, services or resources, (“Third Party Services”) you do so at your own risk. These third-party resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such services or websites. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused in connection with use of or reliance on any such content, services or websites available on or through our Service and Website.

Billing:

We use a third-party payment processor, Stripe (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for the Services. By processing your payment you agree to the following terms:

• The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service;
• You will be responsible for any fees associated with the use of the third-party Payment Processor;
• The Service will not be held liable for any errors or issues that may arise with the use of the third-party Payment Processor, such as disputes or chargebacks;
• You must address any disputes or refund requests directly with the third-party Payment Processor;
• The Service reserves the right to change the designated third party Payment Processor at any time, and will provide notice to you of any such changes;
• Any failure to make a payment for services rendered on time may result in the suspension or termination of the Service;
• If the payment is not successful for any reason, we reserve the right to resubmit the payment for processing at a later date.

Unless stated, fees do not include any federal, state, local, and foreign taxes or duties (“Taxes”). You are responsible for all Taxes associated with your purchase.

We may change our prices and will post you a notice to your account or on our website. Price increases will be effective immediately for your next billable period, either monthly or annually depending on which subscription service you have paid for.

Subscription Term:

The agreement starts as soon as you accept the Terms of Service and make payment for the paid Services (the “Subscription Start Date”). Subscription starts on the Subscription Start Date for a minimum of 30 days (the 'Monthly Subscription’) or 12 months (the 'Annual Subscription”).

Subscription Agreement:

All payments for our paid Services are due in advance for both monthly or annual subscription. These payments are non-refundable except in the circumstances where i) There has been a breach or negligence by the Service or ii) On valid exercise of your statutory cancellation rights. Annual subscription payments purchased at discounted rates have a minimum term (the “Minimum Period”), this Minimum Period charge is non-refundable. Once you have completed your Minimum Period where applicable, you can cancel your automatic renewal (see below) anytime by contacting our Customer Support.

Subscription Renewal:

Both the Monthly Subscription and Annual Subscription consist of an initial period that is a one-time charge, followed by recurring periodic charges as agreed to by you when you sign up for such auto-replacing products (“Subscription Services”). Unless you opt out of a Subscription Service, the Subscription Service that you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term you originally selected. Annual Subscription is renewed for one year by payment of the subscription fee in full in advance. For Monthly Subscription the subscription fee continues on a rolling monthly basis until cancelled by either party.

Cancellation:

We operate a fair cancellation policy, you have the right to cancel your subscription service within 14 days of receiving the Service. To cancel your subscription, you must contact customer support in writing via email. Once we receive your cancellation request, we will process the refund or exchange as appropriate.

Disputes, Governing Law and Jurisdiction:

You agree that any disputes about these Terms of Service or any order will be dealt with by English courts. These Terms of Service shall be governed by and construed in accordance with English law.

Confidentiality

You may be given access to “Confidential Information” of syllabyte.ai (the “Company”), its affiliates and other third parties. In using the Service and Website you agree to the following:

• The Parties agree to keep all confidential information, whether written or oral, that may be disclosed during the course of this agreement strictly confidential;
• Confidential Information shall include, but not be limited to, any and all business, technical, financial, and other information or data related to the Company’s business, including, without limitation, ideas, inventions, concepts, techniques, know-how, or any information that should reasonably be considered confidential;
• You shall use the confidential information only for the purpose of fulfilling its obligations under this Agreement and shall not disclose such information to any third-party without the prior written consent of the Company;
• You shall not be held in breach of this clause if it is required to disclose the confidential information by law, by a governmental or regulatory authority;
• The parties agree that any breach of this confidentiality clause may cause irreparable harm to the Company and that the Company shall be entitled to seek injunctive relief, in addition to any other remedies available at law or in equity.

Terms and Termination

These Terms are effective when you first use the Service and Website and remain in effect until termination. You may terminate these Terms at any time for any reason by discontinuing the user of the Service and Website. We may terminate these Terms for any reason by providing you at least 30 days written notice. We may terminate these Terms immediately upon notice if you materially breach any of the Terms of Service. Upon termination, you will promptly return or, if instructed by us, destroy any Confidential Information. The sections of these Terms by their nature should survive termination should survive beyond the termination.

Indemnification

Disclaimer of Liability and Limitations of Liability:

The Company shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of this website or the products or services provided by the Company, including but not limited to any liability for damages for loss of profits, use, data or other intangible losses. Even if we have been advised of the possibility of such damages, our aggregate liability under these Terms shall not exceed the amount you paid for the service that gave rise to the claim for a 12 month period before the liability arose. The limitations in this section apply only to the maximum extent permitted by applicable law.

Indemnification:

You agree to indemnify and hold the Company, its directors, officers, employees, agents, and affiliates harmless from and against any claims, actions, suits, or proceedings, as well as any damages, liabilities, costs, and expenses (including legal fees) arising out of or in any way connected with your use of this website or the products or services provided by the Company.

No Warranty:

The information, products and services provided by this Service and Website are provided “as is” without any warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

General Terms

Entire Agreement:

This Agreement, including any attachments or exhibits, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written.

No Reliance on Representations:

Each Party acknowledges that in entering into this agreement it does not rely on, and shall have no remedy in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this agreement;

Severability:

If any provisions of this agreement are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.