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, which explains how we collect, use, and protect your personal information. Our Privacy Policy is 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

Payments for our Services are processed through Stripe, a third-party payment processor. By making a payment, you agree to Stripe's Services Agreement and Privacy Policy. We do not store your payment information; this information is handled directly by Stripe. We receive only limited information necessary to confirm your payments.

We use Stripe as our payment processing service provider. By using our payment services, you agree to comply with Stripe's terms of service. Your payment card information is processed and stored directly by Stripe and is not stored on our servers. For more information about how Stripe processes your payment information, please refer to Stripe's Privacy Policy.

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 Refund Policy and Delivery Process

Our refund policy and service delivery process are integral parts of this Agreement. Please review our Refund Policy and Delivery Process for detailed information about:

• Eligibility for refunds
• Refund request procedures
• Service delivery timelines
• Delivery methods and requirements

By using our Services, you acknowledge that you have read and agree to our Refund Policy and Delivery Process.

4.4 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.

4.5 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 agree not to:

• Use our AI systems to create deepfakes or other misleading synthetic media without proper disclosure
• Attempt to manipulate our AI systems to bypass safety measures or content filters
• Use our AI systems for automated spamming or bulk message distribution
• Train models on data that violates third-party rights or privacy
• Use our AI systems to impersonate individuals or organizations in a manner that is misleading or deceptive
• Use our AI systems to engage in activities that could interfere with elections or democratic processes

7.3.3 Content Moderation

We maintain the right to monitor and moderate AI-generated content and may remove content that violates these policies. We may also suspend or terminate access to our AI services for users who repeatedly violate these policies.

8. Disclaimer of Warranties

8.1 Service Warranty Disclaimer

Our Services are provided on an "as is" and "as available" basis, without any express or implied warranties. To the maximum extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranties concerning the availability, accuracy, reliability, or content of the Services
• Any warranties that the Services will meet your requirements or be uninterrupted, timely, secure, or error-free

8.2 AI Output Disclaimer

We do not guarantee the accuracy, completeness, or usefulness of any AI-generated content or outputs. AI systems may produce incorrect, misleading, or inappropriate content, and you are solely responsible for evaluating and verifying any information or outputs provided by our AI services before relying on them.

9. Limitation of Liability

9.1 Liability Exclusions

To the maximum extent permitted by applicable law, Neurathm and its affiliated companies, directors, officers, employees, agents, partners, and licensors are not liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or other intangible losses
• Damages resulting from interruption of business or services
• Damages resulting from unauthorized access to or alteration of your transmissions or data
• Damages resulting from errors, mistakes, or inaccuracies in the Services
• Damages resulting from any content posted, transmitted, or otherwise made available via the Services

9.2 Liability Cap

In no event shall our total liability to you for all claims arising from or relating to this Agreement or your use of the Services exceed the greater of: (a) the amount paid by you to Neurathm during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) $100 USD.

9.3 Non-Excludable Liabilities

Nothing in this Agreement excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable law

For users in China, nothing in this Agreement shall limit or exclude liability in a manner that would violate Article 497 of the Civil Code of the People's Republic of China, which invalidates clauses that exempt liability for intentional misconduct or gross negligence resulting in personal injury.

9.4 Data Breach Liability

In the event of a data breach involving your personal information, our liability shall be determined in accordance with applicable data protection laws, including but not limited to GDPR and PIPL, and shall not be subject to the liability cap specified in Section 9.2.

10. Dispute Resolution

10.1 Governing Law

This Agreement is governed by the laws of the People's Republic of China, without regard to conflict of law principles.

10.2 Informal Dispute Resolution

Before filing a claim against Neurathm, you agree to attempt to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute informally by contacting you via email. If the dispute is not resolved within 30 days of submission, either party may proceed with formal dispute resolution.

10.3 Arbitration and Jurisdiction

10.3.1 For Users in China

Except for disputes in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, users located in China agree to resolve any disputes arising under this Agreement through binding arbitration in accordance with the arbitration rules of the China International Economic and Trade Arbitration Commission (CIETAC).

10.3.2 For Users Outside China

For users located outside of China, disputes may be resolved through:

• For users in the European Union: The Online Dispute Resolution platform provided by the European Commission, or the courts of the user's country of residence
• For users in the United States: Arbitration in accordance with the rules of the American Arbitration Association, or the federal or state courts located in Wyoming, USA
• For users in other jurisdictions: Through mutually agreed arbitration or in the courts of the user's country of residence

10.4 Class Action Waiver

Where permitted by applicable law, you agree that any proceedings to resolve disputes will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Neurathm waive any right to a jury trial.

10.5 Small Claims

Notwithstanding the foregoing, either party may bring an individual action in small claims court in the user's jurisdiction of residence, provided that such action remains in that court and is not removed or appealed to a court of general jurisdiction.

11. Agreement Modifications

11.1 Changes to Terms

We reserve the right to modify this Agreement at any time. The modified Agreement will be posted on our website with a revised "Last Updated" date.

11.2 Notification of Changes

For significant changes to this Agreement, we will notify you by email or through a prominent notice on our website before the changes become effective. "Significant changes" include:

• Material changes to your rights and obligations
• Changes to payment terms or pricing structure
• Changes to dispute resolution procedures
• Changes due to new legal requirements that substantially affect your use of our Services

11.3 Acceptance of Modified Terms

Your continued use of our Services after the effective date of any changes constitutes your acceptance of the modified Agreement. If you do not agree to the modified terms, you must stop using our Services and terminate your account.

12. Additional Terms

12.1 Assignment

You may not assign or transfer this Agreement, or any rights or obligations under this Agreement, without our prior written consent. Any attempted assignment or transfer without our consent will be null and void. We may assign or transfer this Agreement, in whole or in part, without restriction.

12.2 Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, labor disputes, internet service provider failures, or any other force majeure event.

12.3 Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

12.4 No Waiver

Our failure to enforce any right or provision of this Agreement 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 Neurathm.

12.5 Entire Agreement

This Agreement, together with the Privacy Policy and any other legal notices and agreements published by Neurathm, constitutes the entire agreement between you and Neurathm concerning the Services.

13. Contact Us

13.1 General Inquiries

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

13.2 Legal Notices

Legal notices must be sent to:

Neurathm Inc.
30 N Gould St Ste N
Sheridan, WY 82801
United States

Email: [email protected]