Terms of Service

This Terms of Service shall come into effect as of 12/20/2024.

Welcome to use the chatbot service on the Markivo website! Before you access our services, please read these Terms of Service carefully. This Terms of Service constitutes a legally binding agreement between you and the Markivo website. If you do not agree to these terms and conditions, please immediately stop using this service.

1. Acceptance of Terms

Acceptance of Terms: By accessing and using our chatbot service, you acknowledge that you have read, understood, and agreed to comply with this Terms of Service and any other policies, guidelines, or rules related to this service (such as the Privacy Policy).

Updates and Changes: We may update or modify this Terms of Service from time to time. The updated agreement will be posted on this page and shall come into effect immediately upon posting. Please check this page regularly to ensure that you are aware of the latest terms and conditions.

2. Website Content

This website is a purely informational site, designed to provide users with information and resources. The content of the website includes, but is not limited to, text, images, videos, links, and embedded third-party services (such as a chatbot).

3. Account Creation and Access

Minimum Age: You must be at least 18 years old or have reached the minimum legal age required to consent to the use of the service in your region (whichever is higher).

Account Creation and Access: In order to access our service, we may require you to create an account by your email. You agree to provide correct, current, and complete account information and allow us to use such information to communicate with you regarding our service. Our communications to you using your account information will satisfy any requirements for legal notices. You are responsible for all activities occurring under your account. If you become aware of any unauthorized access to your account, please immediately notify us by sending an email to [email protected]. You may close your account at any time by contacting [email protected].

4. Use of Our Services

1. Compliant Use: You may access and use our service only in compliance with our terms, Acceptable Use Policy, and any guidelines or supplemental terms that we may post on the service (the “Permitted Use”).

2. Prohibited Behaviors: You shall not access, use, or assist others to access or use our service in the following ways:

a. In any manner that violates applicable laws or regulations, including but not limited to any laws regarding the export and import of data or software to and from the United States or other countries.
b. To develop any products or services that compete with our service, including developing or training any artificial intelligence or machine learning algorithms or models.
c. To decompile, reverse engineer, disassemble, or otherwise reduce our service to human-readable form, except where such restrictions are prohibited by applicable law.
d. To crawl, scrape, or otherwise harvest data or information from our service other than as permitted under these terms.
e. To use our service or materials to obtain unauthorized access to any system or information, or to deceive any person.
f. To infringe, misappropriate, or violate intellectual property or other legal rights (including the rights of publicity or privacy).
g. Except when you are accessing our service via a Markivo API key or where we otherwise explicitly permit it, to access the service through automated or non-human means, whether through a bot, script, or otherwise.
h. To engage in any other conduct that restricts or inhibits any person from using or enjoying our service, or that we reasonably believe exposes us, our users, affiliates, or any other third party to any liability, damages, or detriment of any type, including reputational harms.
i. You shall also not abuse, harm, interfere with, or disrupt our service, such as by introducing viruses or malware, spamming, or conducting DDoS attacks on the service, or bypassing any of our systems or protective measures.

Prompts, Output, and Materials

1. Definition of Materials: You may be allowed to submit text, documents, or other materials to our service for processing (we refer to these as “Prompts”). Our service may generate responses based on your Prompts (we refer to these as “Outputs”). Prompts and Outputs are collectively referred to as “Materials”.

2. Rights to Materials: You are responsible for all Prompts that you submit to our service. By submitting Prompts to our service, you represent and warrant that you have all the rights, licenses, and permissions necessary for us to process the Prompts under these terms. You also represent and warrant that your submission of Prompts to us will not violate these terms, our Acceptable Use Policy, or any applicable laws or regulations regarding those Prompts. Between you and Markivo, and to the extent permitted by applicable law, you retain any rights, title, and interest that you have in the Prompts that you submit. Subject to your compliance with these terms, we assign to you all of our rights, title, and interest (if any) in the Outputs.

3. Reliance on Outputs: Artificial intelligence and large language models are frontier technologies that are still improving in terms of accuracy, reliability, and safety. When you use our service, you acknowledge and agree that:

Outputs may not always be accurate and may contain material inaccuracies even if they appear accurate due to their level of detail or specificity.
You should not rely on any Outputs without independently confirming their accuracy.
The service and any Outputs may not reflect correct, current, or complete information.
Outputs may contain content that is inconsistent with Markivo’s views.

4. Our Use of Materials: We may use Materials to provide, maintain, and improve the service and to develop other products and services. We will not train our models on any Materials that are not publicly available, except in the following two circumstances:

If you provide Feedback to us (through the service or otherwise) regarding any Materials, we may use that Feedback in accordance with Section 3 (Feedback).
If your Materials are flagged for trust and safety review, we may use or analyze those Materials to improve our ability to detect and enforce violations of the Acceptable Use Policy, including training models for use by our trust and safety team, consistent with Markivo’s safety mission.

Third-Party Services and Links

1. Third-Party Chatbot:

The chatbot on our website is provided and operated by a third-party service provider. Please note that the chatbot and its provider are responsible for any content or data that users input into the chatbot.
Your interaction with the chatbot is subject to the privacy policy and terms of use of the third-party service provider.
We recommend that you carefully read the terms and policies of the third-party service provider before using the chatbot.

2. Third-Party Links:

Our website may contain links to third-party websites or services. Please note that these third-party websites or services are not controlled by our website, and we are not responsible for their content, privacy policies, or terms of use.
Before accessing third-party websites or services, you should review and agree to their privacy policies and terms of use.

Intellectual Property Rights

1. Ownership of Website Content: The content of our website (including but not limited to text, images, trademarks, logos, graphics, and software) is protected by copyright, trademark, and other intellectual property laws. Without legal authorization, it shall not be copied, modified, distributed, or otherwise used.

2. User Content: Our website will not collect or store user-generated content. When interacting with the third-party chatbot, any content input by users will be processed by the chatbot and its service provider, and our website will not be responsible for it.

Disclaimers and Limitations of Liability

1. Content Disclaimer: The content on our website is provided for reference only. Our website does not make any guarantees regarding the accuracy, completeness, or applicability of any content. The risk of using the content on our website shall be borne by the user.

2. Service Quality: Our website is committed to providing high-quality information and content, but we do not guarantee that the website service will not be interrupted, free of errors, viruses, or other harmful components.

3. Limitation of Liability: Our website will not be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to business losses, data losses, or profit losses) arising from the use or inability to use our website or its content.

4. Third-Party Services: Our website will not be responsible for the services or content provided by third-party chatbots or third-party links. Your interaction with third-party service providers is solely based on their privacy policies, terms, and conditions.

General Terms

Indemnification: You agree to indemnify, defend, and hold harmless the Markivo website, its affiliates, personnel, and employees from and against any claims, demands, losses, or expenses (including reasonable attorneys’ fees) arising from your violation of this Terms of Service or any activities related to your use of the website.

Termination: The Markivo website reserves the right to terminate or suspend your access to the website at any time for any reason without prior notice. If we terminate your access due to your violation of these terms and you have a subscription, you will not be entitled to a refund. In addition, if you have a subscription, we may also terminate the subscription at any time for other reasons. If your account has been inactive for more than one year and you do not have a paid account, we may also terminate your account, and we will give you notice before doing so.

Governing Law and Exclusive Jurisdiction: Our Terms will be governed by, and construed and interpreted in accordance with, the laws of the State of California without giving effect to conflict of law principles. You and Markivo agree that any disputes arising out of or relating to these Terms will be resolved exclusively in the state or federal courts located in California, and you and Markivo submit to the personal and exclusive jurisdiction of those courts.

Severability: If any provision of this Terms of Service is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Contact Us: If you have any questions, comments, or concerns regarding this Terms of Service or need more information, please contact us in the following ways:

Email: [email protected]