Terms and Conditions

Published on
1st May 2023
Last edited on
21st March 2024

Effective date: 1st May 2023

These Terms and Conditions ("Terms", "Terms and Conditions") govern your access to and use of the machined.ai website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Service" or the “App") operated by Sandbox Studios - FZCO ("us", "we", or "our").

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Account and membership

By using the Service and agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

If you create an account on the App, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.

By using the Service, you represent and warrant that all registration information you submit will be true, accurate, current and complete. You will maintain the accuracy of such information and promptly update registration information as necessary.

We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the App. Providing false contact information of any kind may result in the termination of your account.

You must not use the Service through automated or non human means, whether through a bot, script or otherwise.

You must immediately notify us of any unauthorized uses of your account or any other breaches of security.

We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill.

If we delete your account for the foregoing reasons, you may not re-register for our App. We may block your email address and Internet protocol address to prevent further registration.

Registration

You may be required to register to use the Services. You agree to keep your login details confidential and will be responsible for all use of your account and password.

The Service operates a single-user policy. Each account on the Service is intended for use by a single individual only.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

User Content

We do not own any data, information or material (collectively, “Content”) that you submit on the Service in the course of using the App. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content.

We may monitor and review the Content on the Website submitted or created using our App by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the App to you.

Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

You are solely responsible for your Content and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Content.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.

If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Where the Service is offered on a free basis, payment may be required for additional services.

If in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.

We reserve the right to change products and product pricing at any time, even if we have already requested or received payment. We also reserve the right to refuse any order you place with us.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Free Trial

We may, at our sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Us until the Free Trial has expired. On the last day of the Free Trial period, unless you have cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, We reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

One user is entitled to one Free Trial. We reserve the right to automatically cancel accounts it finds in violation of this rule.

Fee Changes

We, in our sole discretion and at any time, may modify the fees for the Service. Subscription fee changes will become effective at the end of the then-current Billing Cycle.

We will provide you with reasonable prior notice of any change in fees.

Termination

If you want to delete your account or cancel your subscription, you can do so via the account settings within the app. Your cancellation will take effect at the end of your billing month.

If you cancel your account, your existing credits will be deleted and you will no longer have access to the Service or any generated content that exists on the Service.

If you are unsatisfied with the Service, please email us at team@machined.ai

Accuracy of Information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or the Service is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law.

No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or App has been modified or updated.

Backups

We perform regular backups of the Website, Service and its Content and will do our best to ensure the completeness and accuracy of these backups. In the event of a hardware failure or data loss, we will restore backups automatically to minimize the impact and downtime.

Links to other resources

Although the Website and Service may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein.

We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources.

We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and App.

Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms, as set forth in the Agreement, you are prohibited from using the Website and Service or Content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and App, third-party products and services, or the Internet;

(h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or

(i) to interfere with or circumvent the security features of the Website and App, third-party products and services, or the Internet.

(j) to trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

(k) to engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

(l) to harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.

(m) to use the Services as part of any effort to compete with us.

(n) to sell or transfer your profile to another user.

(o) to share your account or profile with another user.

We reserve the right to terminate your use of the Website and App for violating any of the prohibited uses.

Disclaimer of warranty

You agree that this Service is provided on an “as is” and “as available” basis and that your use of the Website and Service is solely at your own risk.

We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We make no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data.

We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof including without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty or representation about the accuracy or completeness of content belonging to the Service or the content of any website, app or service linked to this Service.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Sandbox Studios - FZCO, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.

AI Usage and Tokens

The Service operates on a bring-your-own OpenAI API key basis. By using the Service, you agree to provide and use your own valid OpenAI API key in order to access and utilize the AI capabilities offered by the Service.

Any usage of AI functionality through the Service will result in costs incurred directly by you, the user, payable to OpenAI. The Company does not charge for the AI usage itself. You acknowledge and agree that the charges for AI usage, including any associated tokens, are your sole responsibility, and you are solely liable for the payment of such charges to OpenAI.

In the event that an article generated by the Service fails to meet your expectations or requirements, you will still be responsible for any costs incurred by the AI usage, as per the terms and pricing set by OpenAI. The Company is not responsible for any refund or reimbursement related to AI usage costs payable to OpenAI.

You are responsible for managing and safeguarding your tokens and complying with OpenAI's terms of service and usage policies. The Company shall not be liable for any loss, misuse, or unauthorized access to your tokens, and any consequences arising from such events shall be solely your responsibility.

OpenAI may modify its pricing, token usage policies, or terms of service from time to time. It is your responsibility to stay updated with OpenAI's pricing and policies and understand the impact on your usage costs. The Company shall not be responsible for any changes made by OpenAI to its pricing or policies.

Any disputes or claims arising from the AI usage costs, tokens, or OpenAI API shall be solely between you and OpenAI. The Company shall not be involved or associated with such transactions or disputes. You agree to indemnify and hold the Company harmless from any claims, liabilities, damages, or expenses arising from or related to AI usage, tokens, or disputes with OpenAI.

Fair Usage Policy

The Service operates a Fair Usage Policy to ensure consistent availability and reliability for all customers, and to ensure that our resources are used responsibly and equitably. While we do not set explicit limitations on the usage of any particular feature and functionality of the Service, we reserve the right to monitor usage patterns and we may impose restrictions if the Customer's usage disproportionately impacts our ability to serve other customers effectively. Our fair usage thresholds are monitored and updated in real time to ensure that we are always able to support at least 99.5% of our customers. Exceeding the limits may result in temporary throttling or suspension, or additional charges.

By using the Service, you signify your express consent to this Fair Usage Policy.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and App at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Service after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and App you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and App.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to team@machined.ai

This document was last updated on 21st March 2024