Terms of Use (Last Updated: 04/29/2025)

Welcome to GenseeAI’s AI Agent/Workflow Serving Platform. By accessing or using our website and the services we provide, including access to AI agents and workflows (collectively, the "Services"), you ("you" or "user") agree to be bound by these Terms of Use ("Terms"). Please read these Terms carefully before using our Services.

1. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

2. Description of Services

We provide a platform that offers access to AI agents and workflows. These Services may include, but are not limited to:

• A platform to deploy and manage AI agents and workflows.
• A service to execute and serve deployed AI agents and workflows with swappable models.
• A platform to visualize the execution results of AI agents and workflows.
• Documentation, support, and related resources.

We reserve the right to modify or discontinue any aspect of our Services at any time without notice.

3. User Accounts

• Account Creation: To access certain features of our Services, you may be required to create an account. You agree to provide accurate, complete, and current information during the registration process and to update such information to keep it accurate, complete, and current.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials and are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
• Account Termination: We reserve the right to suspend or terminate your account at any time for any reason, including, but not limited to, a breach of these Terms.

4. Use of Services

• Acceptable Use: You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use our Services in any way that violates any applicable laws or regulations.
• Use our Services to infringe upon the intellectual property rights of others.
• Attempt to interfere with the operation of our Services or any other user's access to our Services.
• Transmit any viruses, malware, or other harmful code through our Services.
• Use our Services to generate or disseminate false, misleading, or harmful information.
• Attempt to reverse engineer, decompile, or disassemble any part of our Services.
• Use our Services to develop competing products or services.

• Prohibited Content: You agree not to use our Services to create, upload, or transmit any content that is:

• Illegal, harmful, or offensive.
• Defamatory, libelous, or slanderous.
• Infringing on any intellectual property rights.
• Hate speech or promotes discrimination.
• Sexually explicit or exploits children.
• Misleading or deceptive.

• Monitoring: We may monitor your use of the Services to ensure compliance with these Terms and to protect our rights and the rights of other users.

5. Intellectual Property

• Our Content: All content included in our Services, including but not limited to text, graphics, logos, and software, is our property or the property of our licensors and is protected by copyright, trademark, and other intellectual property laws.
• Your Content: You retain ownership of any content you create or upload through our Services ("User Content"). By using our Services, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your User Content for the purpose of providing and improving our Services.
• AI Output: As our service involves AI, the output generated by the AI agents and workflows may not be unique. You acknowledge and agree that we do not guarantee the originality of any output.

6. Data Collection During Beta Testing

• As part of our beta testing phase, we will be recording certain data related to your use of the Services. This includes your AI agent/workflow source files, input data, execution results, and any deployment/execution issues you may encounter. This data will be used to improve the performance, stability, and functionality of our platform. By participating in the beta program, you consent to the collection and use of this data as described in these Terms.

7. Fees and Payment

• Some of our Services may be offered for a fee. You agree to pay all applicable fees for the Services you use.
• We may change our fees at any time. We will provide you with reasonable notice of any changes to our fees.
• All fees are non-refundable, except as otherwise stated in our refund policy.

8. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY INFORMATION OR CONTENT YOU OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE, COMPLETE, OR RELIABLE. We specifically disclaim any warranty regarding the output and results of the AI agents and workflows. The use of the AI is at your own risk.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES IN THE SIX MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify and hold us harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of our Services, your User Content, or your breach of these Terms.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California. Any dispute arising out of or relating to these Terms shall be resolved through Litigation in San Diego, California, in accordance with the rules of the Superior Court of California, County of San Diego.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on our website or by sending you a notification. Your continued use of our Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

12. Third-Party Links

Our Services may contain links to third-party websites or resources. We are not responsible for the content or availability of any third-party websites or resources. Your use of third-party websites or resources is at your own risk.

13. Termination

We may terminate your access to our Services at any time for any reason, including, but not limited to, a breach of these Terms. Upon termination, your right to use our Services will immediately cease.

14. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and us regarding your use of our Services.
• Waiver: Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time.
• Contact Us: If you have any questions about these Terms, please contact us at info@gensee.ai.

GenseeAI Inc.

7770 Regents Rd. STE 113-322, San Diego, CA 92122

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