Terms of Service
Please read these Terms of Service (the "Terms") and our Privacy Notice (the "Privacy Notice") carefully because they govern your use of the website located at https://gxl.ai/ (the "Site") and our AI-powered platform that searches, summarizes and synthesizes insights on publicly available scientific research and developments accessible via the Site offered by Generative Expert Labs, Inc. ("GXL"). To make these Terms easier to read, the Site and our services are collectively called the "Services."
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND GXL THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 "DISPUTE RESOLUTION" BELOW FOR DETAILS REGARDING ARBITRATION.
- Overview of Services.
- Through your engagement with our Services, we gain invaluable insights, enabling us to improve the algorithms, machine learning, and artificial intelligence (including generative AI tools) powering and supporting the Services or our other products and services (collectively, "AI Tools") so that our technology will be increasingly beneficial, collaborative and enjoyable for our users to interact with.
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Given the early state of artificial intelligence, we also acknowledge that there are
areas that we will need to continually improve on so that we can continuously enhance
the performance and usability of our Services. As part of that, you recognize that:
- We may use the data about or from your interactions and your conversations to improve our Services. WE MAY USE ANY DATA ABOUT OR FROM YOUR CONVERSATIONS, INTERACTIONS AND ANY OTHER USER CONTENT TO PERSONALIZE YOUR EXPERIENCE ON THE SERVICES, BUILD, TRAIN AND FINETUNE THE AI TOOLS, OTHERWISE IMPROVE OUR SERVICES, AND/OR DEVELOP NEW PRODUCTS AND SERVICES, AS FURTHER DESCRIBED IN OUR PRIVACY NOTICE AND SECTION 8(b) OF THESE TERMS.
- The information you receive from our Services may not be accurate or trustworthy. You recognize that any information you receive from our Services may not be accurate, reliable or otherwise trustworthy. Similar to other AI Tools, our Services may hallucinate or confabulate. Improving factual accuracy in AI systems is an ongoing challenge and a key priority for our Services. Users should be aware that the information provided may not always be fully accurate, and we are continually working to enhance its reliability. Please also review the "Warranty Disclaimers" in Section 13 below for additional information.
- We may offer some of the Services, in beta version (collectively, "Beta Services"). You acknowledge and agree that: (i) the Beta Services may not operate properly, be in final form or be fully functional; (ii) the Beta Services may contain errors, design flaws or other problems; (iii) it may not be possible to make the Beta Services fully functional; (iv) the information obtained using the Beta Services may not be accurate; (v) use of the Beta Services may result in unexpected results, loss of data or communications, project delays or other unpredictable damage or loss; (vi) we are under no obligation to release a live, commercial or public version of the Beta Services; (vii) we have the right to unilaterally to abandon development of the Beta Services, at any time and without any obligation or liability to you; and (viii) we may decide to modify, delete, remove or wipe the functionality, content or data contained within the Beta Services in our sole discretion at any time without notice or liability you.
- Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" will refer to that entity.
- Privacy Notice. Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share your information. We may process personal information to improve AI Tools and the Services, as further described in the Privacy Notice.
- Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we'll let you know by posting the updated Terms on the Site and/or may also send other communications. It's important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don't agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
- Who May Use the Services?
- Age. You may use the Services only if you are at least 18 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory) and not otherwise barred from using the Services under applicable law.
- Account. If you want to use certain features of the Services you'll have to create an account ("Account"). It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account. You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
- Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services ("Feedback"). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
- Fees. We offer a free version of our Services up to a free quota of fifty (50) prompts per Account (the "Free Quota"). Once you exceed the Free Quota, you will need to contact GXL's sales team at learn@gxl.ai for further access.
- Your Content, Input and Output.
- Posting Content. Our Services may allow you to store, submit, transmit or share content such as text (in posts or communications with others), files, documents, graphics, images, audio, video and Input (as defined below) via certain AI Tools. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as "User Content." GXL does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
- Permissions to Your User Content. To provide our Services we need you to give us some legal permissions (known as a "license") to use User Content. By making any User Content available through the Services you hereby grant to GXL a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating, providing and improving the Services and GXL's other products and services. This license includes the right to use User Content to build, train and finetune AI Tools. If you do not want us to use your User Content for purposes of training or improving AI Tools, you may opt out by contacting us at privacy@gxl.ai.
- Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by GXL on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Deletion of User Content. You may request to have your User Content deleted from the Services. You may request to have GXL delete your User Content by emailing us at privacy@gxl.ai. GXL will promptly delete your User Content following its receipt of your request. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. Additionally, some User Content may be retained by AI Tools. Please read the Privacy Notice on your rights to request GXL to delete personal information. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
- Output. The Services may generate output for you (each, "Output") in response to: (i) your interaction, request or input; or (ii) User Content uploaded or submitted to influence the Output or Services (collectively, "Input"). You may not sell or share for commercial benefit or purposes Output to any third parties. In addition to any other rights described in these Terms, GXL may use and modify Input and Output to enforce any applicable acceptable use policies or usage policies as set forth in the then-current GXL Acceptable Use Policy and to comply with applicable law.
- GXL's Intellectual Property. We make available through the Services content, including Output, that is subject to intellectual property rights. We retain all rights to that content, and to the Services, including all AI models and systems.
- General Prohibitions and GXL's Enforcement Rights. You agree not to do any of the following:
- Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any content made available by or on behalf of us via the Services or Output. Use of such content or Output for any purpose not expressly permitted by these Terms is strictly prohibited.
- Use the Services or any Output in a manner that violates the then-current GXL Acceptable Use Policy;
- Utilize the Services (including any AI models or derivatives thereof), documentation, Input or Output to train, improve or have trained or improved an AI model (e.g., engage in "model scraping");
- Use, display, mirror or frame the Services or any individual element within the Services, GXL's name, any GXL trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without GXL's express written consent;
- Access, tamper with, or use non-public areas of the Services, GXL's computer systems, or the technical delivery systems of GXL's providers;
- Attempt to probe, scan or test the vulnerability of any GXL system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by GXL or any of GXL's providers or any other third party (including another user) to protect the Services;
- Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by GXL or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a GXL trademark, logo URL or product name without GXL's express written consent;
- Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble, reverse engineer, engage in any of the adversarial attacks set forth in the NIST AI 100-2 E2023 publication available at https://nvlpubs.nist.gov/nistpubs/ai/NIST.AI.100-2e2023.pdf, or otherwise attempt to derive or gain improper access to any of the software, components, models, algorithms or systems used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
GXL is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content or Output, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
- DMCA/Copyright Policy. GXL respects copyright law and expects its users to do the same. It is GXL's policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
- Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
- Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at privacy@gxl.ai. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 1, 6, 7 (only for payments due and owing to GXL prior to the termination), 8(b), 8(c), 8(e), 8(f), 9, 12, 13, 14, 15, 16, 17 and 18.
- Warranty Disclaimers.
- General Disclaimer. THE SERVICES AND OUTPUT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services or Output will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, security or reliability of any information or content on the Services or Output.
- Similarity, Accuracy and Appropriateness of Output. Due to the nature of machine learning, Output may not be unique and the Services may generate the same or similar output for GXL or a third party. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE SERVICES MAY IN SOME SITUATIONS HALLUCINATE, CONFABULATE OR OTHERWISE PRODUCE OUTPUT THAT IS INACCURATE, INCORRECT, BIASED, OFFENSIVE OR OTHERWISE UNDESIRABLE. IN FACT, THE SERVICES MAY PRODUCE OUTPUT OR SUMMARIES THAT ARE NOT LINGUISTICALLY CORRECT OR CONTAIN GRAMMAR ERRORS. THE ACCURACY, QUALITY AND COMPLIANCE WITH APPLICABLE LAW OF THE OUTPUT IS DEPENDENT UPON AND COMMENSURATE WITH THAT OF THE INPUT PROVIDED AND YOUR COMPLIANCE WITH THESE TERMS, AND NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN, GXL WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM INPUT, OTHER USER CONTENT, OUTPUT OR THEIR USE. You should not rely on the Services or any Output for advice of any kind, including medical, legal, investment, financial or other professional advice. Any Output is not a substitute for advice from a qualified professional. You will evaluate the content, nature and accuracy of any Output as appropriate for your applicable use, including by using human review of the Output.
- Indemnity. You will indemnify and hold GXL and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your Input or other User Content or their processing or use by GXL, (c) your violation of any third party's rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality, or (d) your violation of these Terms.
- Limitation of Liability.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER GXL NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GXL OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL GXL'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS ACTUALLY PAID BY YOU OR ARE PAYABLE BY YOU TO GXL FOR USE OF THE SERVICES, PROVIDED THAT IN NO EVENT WILL GXL'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS MADE UNDER OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS $100.00.
- THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GXL AND YOU.
- Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 "Dispute Resolution," the exclusive jurisdiction for all Disputes (defined below) that you and GXL are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and GXL each waive any objection to jurisdiction and venue in such courts.
- Dispute Resolution.
- Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and GXL agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and GXL are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
- Exceptions. As limited exceptions to Section 17(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
- Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by
the American Arbitration Association ("AAA") under its Consumer Arbitration Rules
(the "AAA Rules") then in effect, except as modified by these Terms. The AAA
Rules are available at
www.adr.org or by
calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand
for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The
AAA provides a form Demand for Arbitration at
www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
- Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won't seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we'll pay all of our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.
- Injunctive and Declaratory Relief. Except as provided in Section 17(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
- Class Action Waiver. YOU AND GXL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
- Severability. With the exception of any of the provisions in Section 17(f) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
- General Terms.
- Reservation of Rights. GXL and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
- Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between GXL and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between GXL and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without GXL's prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. GXL may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices. Any notices or other communications provided by GXL under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
- Waiver of Rights. GXL's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GXL. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
- Contact Information. If you have any questions about these Terms or the Services, please contact GXL at learn@gxl.ai.