Effective 13 July, 2023
Quench.ai is an AI-powered educational service company working to provide learners an easy, reliable and fast way to learn and acquire skills. These Terms of Service apply when you use the services of Quench.AI Limited or any of our affiliates, including our software, under a commercial license or a public license. These terms include our Usage Policies and other documentation, guidelines or policies that we may provide in writing. By using our services, you agree to these terms.
This section governs your use of services or features that Quench.ai offers on an alpha, preview, early access, or beta basis (“Beta Services”). Beta Services are offered “as-is” to allow testing and evaluation.
Quench.ai makes no representations or warranties for Beta Services, including any warranty that Beta Services will be generally available, uninterrupted or error-free, or that Content will be secure or not lost or damaged. Except to the extent prohibited by law, Quench.ai expressly disclaims all warranties for Beta Services, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
Registration and Access
To utilize the Services, you must meet the minimum age requirement of 13 years. If you are under 18, using the Services requires explicit consent from your parent or legal guardian. Should you be using the Services on behalf of someone else or an organization, you must possess the necessary authority to accept the applicable Terms on their behalf. During the registration process, it is essential to furnish precise and comprehensive information for your account. Sharing your access credentials or account with individuals outside your organization is prohibited, and you bear responsibility for all activities conducted using your credentials.
You cannot use the Services in a way that:
(i) infringes, misappropriates or violates any person’s rights;
(ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of content, models and systems of the Services
(iii) use any automated or programmatic method to extract data or output from the Services, including scraping, web harvesting, or web data extraction;
(iv) make the service accessible to children under 13 or use the personal information of children under 13 or the applicable age of digital consent at any time while using the service. You undertake to comply with any limits and other requirements in our documentation.
Quench.ai services are intended to provide a way for you to query public and private information for the purposes of professional development and learning. While it is our hope that you will use the Quench.ai service for such purposes only, this guidelines is intended to expressly clarify what purposes you cannot use or query our service for:
- Illegal activity
- Quench.ai prohibits the use of our models, tools, and services for illegal activity.
- Child Sexual Abuse Material or any content that exploits or harms children
- We will report CSAM and any input provided by you seeking such content to the appropriate authorities and law enforcement.
- Hateful, harassing, or violent content
- Content that expresses, incites, or promotes hate based on identity
- Content that intends to harass, threaten, or bully an individual
- Content that promotes or glorifies violence or celebrates the suffering or humiliation of others
- Content that attempts to generate code that is designed to disrupt, damage, or gain unauthorized access to a computer system.
- Information on activities that have a high risk of physical harm, including:
- Weapons development
- Military and warfare
- Management or operation of critical infrastructure in energy, transportation, and water
- Content that promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders
- Information that has high risk of economic harm, including:
- Multi-level marketing
- Payday lending
- Automated determinations of eligibility for credit, employment, educational institutions, or public assistance services
- Fraudulent or deceptive activity, including:
- Coordinated inauthentic behavior
- Academic dishonesty
- Astroturfing, such as fake grassroots support or fake review generation
- Adult content, adult industries, and dating apps, including:
- Content meant to arouse sexual excitement, such as the description of sexual activity, or that promotes sexual services (excluding sex education and wellness)
- Erotic chat
- High risk government information, including:
- Law enforcement and criminal justice
- Migration and asylum
- Seditious and anti-state activities
Third Party Services
Any third party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.
You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” Quench.ai may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies.
Similarity of Content
Due to the nature of machine learning, output may not be unique across users and the Services may generate the same or similar results for different users. For example, you may provide input to the model such as “What is a product roadmap?” and receive output comprising of several recommended content. Another user may provide the same input to the model, and receive a different set of recommendations based on the algorithm’s functionality at that point in time.
Use of Content to Improve Services
We may use your input to our services to develop or improve our Services. We may use data from you directly in the form of your input to the service or indirectly in the form of your use of our services to help develop and improve our service.
Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect or respond to the input or query into the service. You should evaluate the relevance of any Output as appropriate for your use case, including by using human review of the Output.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Guidelines for review
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
Fees and Payments
You agree to pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted. You authorize Quench.ai and its affiliates, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Services until payment is received except for circumstances in which you are enrolled in a time-bound trial of our service that is exempt from payment. Payments are nonrefundable except as provided in this Agreement.
We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted, except for increases made for legal reasons or increases made to Beta Services (as defined in our Service Terms), which will be effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.
Unless otherwise stated, Fees may not include taxes, duties, and other similar assessments (“Taxes”) as applicable. Quench.ai may apply taxes on all purchases made in connection with your use of our service. You are responsible for all Taxes associated with your purchase. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. Quench.ai uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.
You may not create more than one account to benefit from credits provided in the free tier of the Services. If we believe you are not using the free tier in good faith, we may charge you standard fees or stop providing access to the Services.
Access to confidential information
In the course of using the Services, you might gain access to Confidential Information belonging to Quench.ai, its affiliates, or other third parties. This Confidential Information should only be used as required for the permissible use of the Services under these Terms. You are strictly prohibited from disclosing Confidential Information to any third party, and it is your responsibility to safeguard this information using a level of care comparable to how you protect your own confidential data. Confidential Information encompasses nonpublic data that Quench.ai, its affiliates, or third parties mark as confidential or reasonably consider to be confidential.
Confidential Information excludes information that falls under the following categories:
(i) Information that becomes generally available to the public through no fault of yours.
(ii) Information that you already possessed without any confidentiality obligations at the time of receiving it under these Terms.
(iii) Information disclosed to you by a third party without any confidentiality obligations.
(iv) Information required to be disclosed by law.
You must adopt reasonable and appropriate measures to secure your access to and usage of the Services. If you come across any vulnerabilities or breaches related to your utilization of the Services, you must promptly inform Quench.ai and provide all relevant details concerning the vulnerability or breach.
Processing of Personal Data.
If you employ the Services to process personal data as defined in the GDPR or its relevant equivalent under English law, you are required to provide legally sufficient privacy notices and obtain necessary consents for the processing of such data. Additionally, you confirm that you are processing such data in accordance with applicable laws.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
These Terms become effective upon your initial use of the Services and continue to be in force until they are terminated. You have the right to terminate these Terms at any time and for any reason by discontinuing the use of the Services and Content. We, on our part, reserve the right to terminate these Terms for any reason. Furthermore, we may terminate these Terms immediately with notice to you if you substantially breach Sections relating to Usage Requirements, Confidentiality, Security, and Data Protection, Dispute Resolution, or General Terms, experience changes in relationships with third-party technology providers beyond our control, or in order to comply with legal requirements or government requests. Additionally, we may suspend your access to the Services if you fail to comply with these Terms, if your usage poses a security risk to us or any third party, or if we suspect fraudulent activity or potential liability to us or any third party.
Effect on Termination
Upon termination, you must cease using the Services, and if instructed by us, either return or destroy any Confidential Information. Certain sections of these Terms, by their nature, will survive termination or expiration, including but not limited to Sections relating to Content, Confidentiality, Data Protection, Indemnification, Warranties and Liability, User Representations, Disputes and General Terms.
Indemnification; Disclaimer; Limitations on Liability
You agree to protect, indemnify, and hold us, our affiliates, and our personnel harmless from any claims, losses, and expenses (including attorneys’ fees) that may arise from or be connected to your use of the Services, including your Content, any products or services you create or provide in association with the Services, and any breach of these Terms or violation of relevant laws.
Disclaimer of warranties
The Services are provided “as is.” Unless prohibited by law, we, along with our affiliates and licensors, do not make any warranties, whether express, implied, statutory, or otherwise, concerning the Services. We expressly disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment. Additionally, we disclaim any warranties arising from any course of dealing or trade usage. We cannot guarantee that the Services will be uninterrupted, accurate, or error-free, nor do we warrant the security or preservation of any Content.
Limitations on Liability
Neither we nor any of our affiliates or licensors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages. Our aggregate liability under these terms shall not exceed the greater of the amount you paid for the service that gave rise to the claim during the 12 months before the liability arose. The limitations in this section apply only to the maximum extent permitted by applicable law.
Informal Dispute Resolution
Prior to initiating any formal legal action against Quench.ai, we aim to understand and address your concerns. Therefore, we request that you first attempt to resolve the dispute informally by notifying us at email@example.com providing your name, a description of the dispute, and the specific relief you are seeking. Should we be unable to reach a resolution within 60 days, you may proceed with a formal proceeding. During this 60-day resolution process, any applicable statute of limitations will be suspended.
Online Dispute Resolution
The European Commission provides an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. If you would like to bring this subject to our attention, please contact us at firstname.lastname@example.org
Relationship of the Parties.
These Terms do not create a partnership, joint venture or agency relationship between you and Quench.ai or any of Quench.ai’s affiliates. Neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
Use of Brands
You may not use Quench.ai or any of its affiliates’ names, logos, or trademarks, without our prior written consent.
If you believe that your intellectual property rights have been infringed, please send notice to the address below or email us at email@example.com . We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers.
Quench.ai, Scale Space, 58 Wood Lane, London W12 7RZ UK
Assignment and Delegation
You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.
We may amend these Terms from time to time by posting a revised version on the website, or if an update materially adversely affects your rights or obligations under these Terms we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. All changes will be effective immediately. Your continued use of the Services after any change means you agree to such change.
Waiver and Severability
Nothing in these terms will imply or warrant a waiver of rights on behalf of Quench.ai in circumstances where you do not comply with these Terms. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that term will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to Quench.ai and its affiliates, and Quench.ai shall have the right to seek injunctive relief against you in addition to any other legal remedies.
Jurisdiction, Venue and Choice of Law
These Terms will be governed by the laws of England and Wales. Except as provided in the “Dispute Resolution” section, all claims arising out of or relating to these Terms will be brought exclusively in the courts of England and Wales, United Kingdom.
Quench.ai, a private company registered in England and Wales with company number 13108676.
Registered office: Quench.ai, Scale Space, 58 Wood Lane, London W12 7RZ UK
Dated: 23 July 2023