Neurathm Terms of Service

1. Introduction and Acceptance

1.1 Welcome

Welcome to Neurathm Inc. ("Neurathm", "we", "our", or "us"). Neurathm offers advanced artificial intelligence solutions that allow companies to build private AI systems, access AI support and training, and empower individual economic activities through AI technologies - both on-premises and in the cloud.

1.2 Agreement to Terms

This Terms of Service agreement ("Agreement") is a legal contract between you ("you", "your", or "User") and Neurathm regarding your use of our services, websites, applications, and related content (collectively, the "Services"). By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree to these terms, you must not access or use our Services.

1.3 Eligibility

By using our Services, you represent and warrant that:

You are at least 16 years of age, or you have obtained verifiable parental/guardian consent if you are under 16
You have the legal capacity to enter into this Agreement
You are not prohibited from using the Services under the laws of your jurisdiction

1.4 Children's Access

Our Services are not directed to individuals under the age of 16. If we learn that we have collected personal information from a child under 16 without verifiable parental/guardian consent, we will take steps to delete that information and terminate the associated account.

For users in the United States under the age of 13, we comply with the Children's Online Privacy Protection Act (COPPA). For users in China under the age of 14, we comply with the relevant provisions of the Personal Information Protection Law (PIPL) regarding protection of children's personal information.

Parents or legal guardians who believe we may have collected personal information from their child can request review, deletion, or restriction of their child's information by contacting us at [email protected].

1.5 Relationship with Other Agreements

This Agreement should be read in conjunction with our Privacy Policy, Refund Policy, Risk Management Framework, Business Compliance Statement, Payment and Delivery Process, and Custom Development Terms, which explain how we collect, use, and protect your personal information and how our services are delivered. These documents are incorporated into this Agreement by reference.

2. Service Description

2.1 Services Overview

Neurathm provides artificial intelligence related services, including but not limited to:

AI interaction and conversational interfaces
Building private AI systems for small and medium-sized enterprises
AI support, services, and training
AI empowerment for individual economic activities
AI model development, training, and deployment
Data processing and analytics services

2.2 Service Availability

We strive to ensure that our Services are available 24/7. However, we do not guarantee uninterrupted access to our Services and reserve the right to suspend, restrict, or terminate access to our Services for maintenance, upgrades, or other operational reasons without prior notice.

3. Account Registration and Security

3.1 Account Creation

You need to register an account to use some of our Services. All information you provide during the registration process must be accurate, truthful, and complete. We reserve the right to suspend or terminate accounts that contain false or misleading information.

3.2 Account Credentials

You are responsible for maintaining the security of your account, including protecting your password and other login credentials. You agree to:

Create a strong, unique password
Keep your login credentials confidential
Not share your account with any third party
Notify us immediately of any unauthorized use of your account

3.3 Account Security

You are solely responsible for all activities that occur under your account. Neurathm will not be liable for any loss or damage arising from your failure to maintain adequate security of your account credentials. We recommend enabling two-factor authentication where available.

4. Payment and Subscription

4.1 Payment Processing

We use secure third-party payment processing service providers. By using our payment services, you agree to comply with the payment processor's terms of service. Your payment card information is processed and stored directly by the payment processor and is not stored on our servers.

4.2 Subscription Terms

4.2.1 Auto-Renewal Settings

Subscription services are set to not auto-renew by default. You must explicitly opt in to enable auto-renewal during the subscription purchase process or later through your account settings. We will provide clear notice of this option during the purchase process.

4.2.2 Auto-Renewal Terms

For subscriptions that you have explicitly set to auto-renew:

You authorize us to charge your payment method on a recurring basis at the then-current rate
You will receive a notification at least 7 days before each renewal
You can cancel auto-renewal at any time through your account settings
Cancellation will take effect at the end of your current billing period
No refunds will be provided for partial subscription periods

4.2.3 Renewal Reminders

For subscriptions that are not set to auto-renew, we will send you a reminder at least 7 days before your subscription expires, giving you the opportunity to manually renew your subscription.

4.3 Pricing and Changes

We reserve the right to change our prices at any time. If we change the pricing for a subscription plan, we will notify you in advance. Price changes for existing subscriptions will take effect at the next billing cycle.

4.4 Subscription Management

You can manage your subscriptions and payment methods in your account settings at any time. This includes:

Upgrading or downgrading your subscription plan
Updating your payment information
Canceling your subscription
Enabling or disabling auto-renewal

4.5 Refunds

All purchases are final and non-refundable, except as required by applicable law or as explicitly stated in our Refund Policy for specific services. If you believe you are entitled to a refund, please contact our support team at [email protected].

5. Intellectual Property

5.1 Neurathm Intellectual Property

Our Services and content are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Neurathm and its licensors retain all right, title, and interest in and to the Services, including all related intellectual property rights. Without our express written permission, you may not:

Copy, modify, distribute, sell, or rent any part of our Services
Reverse engineer, decompile, or attempt to extract the source code of our software
Remove or alter any copyright, trademark, or other proprietary notices
Create derivative works based on our Services

5.2 License to Use Services

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes.

5.3 Intellectual Property Ownership Framework

The following outlines the default ownership and license arrangements for different types of intellectual property involved in our Services:

5.3.1 Neurathm Platform/Pre-existing IP

Default Ownership: Neurathm
Usage Rights: Customer receives limited non-exclusive license
Scope: Includes but not limited to software, algorithms, model architecture, user interfaces, and brand assets

5.3.2 Customer Input Data

Default Ownership: Customer
Usage Rights: Neurathm receives license to use input data for providing services
Scope: Customer retains ownership of uploaded content; Neurathm gets necessary usage rights to provide services

5.3.3 Standard PaaS/SaaS AI Output

Default Ownership: Customer
Usage Rights: Neurathm retains right to use anonymized and aggregated data to improve services
Scope: Customer owns AI-generated content, but Neurathm may retain certain usage rights

5.3.4 Consulting Reports

Default Ownership: Jointly owned by Neurathm and Customer
Usage Rights: Both parties may use, but Customer may not redistribute or resell
Scope: Specific ownership may be separately agreed in MSA/SOW

5.3.5 Custom Developed Models (Customer-funded)

Default Ownership: Determined by specific agreement
Usage Rights: Typically Customer gets exclusive usage rights, Neurathm retains underlying technology
Scope: Enterprise customers may obtain additional rights through separate agreements

Note: The above represents default arrangements; enterprise customers may negotiate different terms through separate Master Service Agreements (MSA) and Statements of Work (SOW). Intellectual property arrangements for specific projects may vary based on service type, pricing, and other business factors.

5.4 User Content and Data Rights

5.4.1 Ownership and License

You retain all rights to any content you submit, post, or display on or through the Services ("User Content"). By submitting User Content, you grant Neurathm a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content for the purpose of providing and improving our Services.

5.4.2 Data Deletion and Service Impact

You have the right to request deletion of your User Content and personal information as described in our Privacy Policy. However, please note that:

Deletion of certain data may impact our ability to provide specific Services or features to you
For AI training data that has been incorporated into our models, we may not be able to completely remove the influence of your data from already trained models, though we will prevent future use of your data for training purposes
We will clearly communicate any service limitations that may result from data deletion requests
Some information may be retained in our backup systems for a limited period, as required by law, or for legitimate business purposes

5.4.3 Technical Feasibility

We will implement your data rights requests to the extent technically feasible. Where complete deletion is not technically possible (such as from AI models already trained with your data), we will:

Cease using your data for future training or processing
Document the technical limitations in our response to your request
Provide alternative remedies where appropriate

5.4 Feedback

If you provide feedback, ideas, or suggestions regarding our Services ("Feedback"), you grant Neurathm a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback without restriction or compensation to you.

6. Service Changes and Termination

6.1 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without prior notice. This includes:

Adding or removing features or functionality
Changing the user interface or experience
Updating software or infrastructure components
Imposing new or different restrictions on the Services

6.2 Account Termination by You

You may terminate your account at any time by following the instructions in your account settings or by contacting our support team. Upon termination:

You will lose access to all Services associated with your account
Outstanding payment obligations will remain in effect
We may retain certain information as required by law or as necessary for legitimate business purposes

6.3 Account Termination by Neurathm

We may suspend or terminate your access to Services, without prior notice, for any of the following reasons:

Violation of this Agreement or other policies
Engaging in fraudulent, illegal, or harmful activities
Non-payment of fees or charges
Extended periods of inactivity
Upon request by law enforcement or regulatory authorities
For any other reason we determine in good faith is necessary to protect our Services, systems, users, or business interests

6.4 Effects of Termination

Upon termination of your account for any reason:

Your license to use our Services will immediately terminate
You will lose access to any content or data associated with your account
Sections of this Agreement that by their nature should survive termination will remain in effect

7. User Conduct and Content Policies

7.1 Acceptable Use

You agree not to use our Services to:

Violate any applicable laws or regulations
Infringe the intellectual property rights of others
Harass, abuse, or harm another person or entity
Distribute malware or other harmful code
Interfere with or disrupt the Services or servers
Attempt to gain unauthorized access to any part of the Services
Engage in any activity that could damage, disable, or impair the Services

7.2 Content Restrictions

You agree not to upload, transmit, or share content that:

Is illegal, harmful, threatening, abusive, harassing, defamatory, or invasive of privacy
Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights
Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of computer software or hardware
Impersonates any person or entity or falsely states or misrepresents your affiliation with a person or entity
Contains unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation

7.3 AI Usage Policies

When using our AI services, you agree not to:

7.3.1 Prohibited Content

You agree not to use our AI services to generate, distribute, or promote content that:

Is illegal under applicable laws and regulations
Contains hate speech, including content that promotes violence or discrimination against individuals or groups based on attributes such as race, ethnicity, religious affiliation, disability, gender, age, veteran status, or sexual orientation
Contains credible threats of violence against individuals or groups
Promotes or facilitates human trafficking, exploitation, or abuse
Contains false or misleading medical or health advice that could cause harm
Promotes dangerous activities that could lead to physical harm or death
Contains instructions for creating weapons, explosives, or harmful substances
Violates the privacy rights of others, including doxxing or sharing non-public personal information

7.3.2 Prohibited Uses

You may not use our AI services for:

Creating or distributing disinformation or propaganda
Generating content for spamming or phishing campaigns
Developing or training competing AI models without explicit permission
Any activity that violates safety, ethical, or legal standards

7.4 Content Moderation

We reserve the right, but not the obligation, to review, screen, or remove any User Content at our sole discretion. We may use automated systems to filter content and may take action against content that violates our policies, including removing the content or suspending the associated account.

8. Disclaimers and Limitation of Liability

8.1 "As Is" Basis

THE 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. NEURATHM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

8.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEURATHM, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS 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, RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

8.3 Maximum Liability

IN NO EVENT SHALL NEURATHM'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNTS PAID BY YOU TO NEURATHM FOR THE PAST TWELVE MONTHS FOR THE SERVICES IN QUESTION.

9. Indemnification

You agree to defend, indemnify, and hold harmless Neurathm and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

Your use of and access to the Services
Your violation of any term of this Agreement
Your violation of any third-party right, including without limitation any copyright, property, or privacy right
Any claim that your User Content caused damage to a third party

10. Governing Law and Dispute Resolution

10.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law provisions.

10.2 Dispute Resolution

Any dispute arising from or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Sheridan, Wyoming, and the judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

10.3 Class Action Waiver

YOU AND NEURATHM 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.

11. General Provisions

11.1 Entire Agreement

This Agreement, together with our Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and Neurathm concerning the Services.

11.2 Severability

If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

11.3 No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Neurathm's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

11.4 Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Neurathm without restriction.

11.5 Contact Information

If you have any questions about this Agreement, please contact us at [email protected].