1. Your agreement to these User Terms and Conditions

1.1 Welcome to the Algoboost.ai platform (the "Platform"), owned and operated by Algoboost (Proprietary) Limited, registration number 2021/658109/07, a private company established in the Republic of South Africa ("We", "US", "OUR"). The Platform is made available by us to you. These Terms of Service (the "Terms") constitute a legally binding agreement between you and us. These Terms govern your relationship with us and specify how you are permitted to access and use the Platform and what you are specifically restricted from doing. These Terms will apply to you from the moment that you first access and/or use the Platform, or from when you first register with us to use the Platform. Similarly, the privacy policy made available to you when you access the Platform will apply to you from the moment you first access and/or use the Platform and is also available at https://www.algoboost.ai/privacy-policy (the "Privacy Policy"). The Privacy Policy forms part of these Terms.
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1.2 We may translate these Terms into multiple languages. If there are any differences between the English version and any other language version of these App Terms, the English version will be the controlling one (to the extent this is permitted by applicable laws and regulations).

2. User Eligibility

The Platform and any services that we make available to you are not intended for children (a person under the age of 18 years). If you are under the age of 18, you may not use the Platform.

3. Registration and Use

3.1 You must register with us and create an account in order to access and use thePlatform.
3.2 When registering to use the Platform, you must give us correct and up-to-date information and provide your current mobile phone number (which is also called the Mobile Station International Subscriber Directory Number, and which we will refer to as your "Mobile Number"). You may only register one account to use the Platform.
3.3 We may send you an SMS text message or a verification email with a code that isrequired for you to register on the Platform.
3.4 You must use the account management feature on the Platform to tell us about any change to your contact details or any other relevant information in your account. If you do not update or send a request to us update such information, we will not be liable for any of your or anyone else’s losses that occur as a result.
3.5 The Platform hosts open-source machine learning and other generative AI modelsthat are available for both private as well as commercial use.
3.6 Your interaction with our Platform is made possible through an API and a web application that allows you to explore the range of models we offer, create API keys, access documentation, review an audit history of your API calls, and gain insights into the collections of vector data that you own, upload to or generate on the Platform.
3.7 Access to, and use of, the Platform requires an internet connection. You are responsible for paying any charges to your service provider and/or any other third party that may be applicable to your use of data and/or services when using the Platform.
3.8 We may update the Platform and any information or material on it at any time but we give no guarantee that such updates will continue to support your device or your particular use case. Without limiting the generality of this statement, we may remove machine learning and generative AI models from the Platform without prior notice to you. We have no responsibility to provide any corrections, updates or releases in connection with the Platform.
3.9 The Platform is an inclusive, non-discriminatory, transformative, family-oriented platform and we will not tolerate any conduct or content that contravenes these principles.

3.10 You understand and agree that:

3.10.1 We are not responsible for the suitability, accuracy, availability, correctness or completeness of any content, materials or information (collectively, Content) on the Platform. We reserve the right to review and remove any Content that may be identified by us, or reported to us, as being inappropriate or abusive or in breach of these Terms
3.10.2 The views and opinions expressed by you and/or any views or opinions expressed by other users of the Platform or in any Content do not represent our views or opinions; and
3.10.3 We are not responsible for, and will have no liability for, any Content which is offensive, or which violates any laws or your rights or the rights of others.

3.11 You are granted a non-exclusive, non-transferable, limited and revocable license toaccess and use the Platform in accordance with these Terms.
3.12 You must at all times make sure that you have all necessary rights, licences, consents and permissions prior to submitting, uploading or otherwise communicating any Content via the Platform. This includes, for example, making sure you have all necessary permissions from others to grant us the rights to use and process the Content you provide to us.
3.13 You must make sure that any Content that you submit, upload or otherwise communicate via the Platform, would not in any way:

3.13.1 Transmit viruses, Trojan horses, malware, ransomware, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
3.13.2 Be unlawful, hateful, abusive, discriminatory, threatening, obscene, explicitoffensive, inflammatory, libellous or defamatory; and/or
3.13.3 Infringe, or encourage or suggest the infringement by others of, applicable laws, regulations or rules (including, for example, the intellectual property rights of anyone).

3.14 We may investigate and/or determine that Content uploaded via the Platform contravene these Terms.
3.15 We may take any action that we deem necessary where we identify Content or user behaviour that contravenes these Terms, including, for example, suspending a user’s access to the Platform or deleting their account. We may also contact and report user behaviour information to law enforcement agencies in accordance with applicable laws.

4. Prohibited Activities

4.1 You agree to comply with all applicable laws and regulations while using our platform. You also agree not to engage in, and not encourage or help anyone else do, any of the following activities:

Transfer or otherwise allow any other person to access or use your account.
Use the Platform in a way which breaches any law, rule, order or regulation (whether the violation of law is intended or not) or in a way that is a violation of these Terms or the Privacy Policy.
Impersonate any person or entity;
Use the Platform to knowingly send, upload or otherwise communicate any content that contains viruses, Trojan horses, ransomware, malware, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
Reverse engineer, decompile, disassemble or decipher the Platform or otherwise attempt to access our source code
Use the Platform in any way not expressly authorised by us.

5. API Usage

If you choose to use our API, your usage is subject to our API Usage Policy, which may include rate limits, fees, and other terms.

6. Data Storage

6.1 We store the data processed on our platform in a vector store and user input data in a SQL database. You are responsible for the accuracy and legality of the data you provide to us.
6.2 By using the Platform you grant us the right to use, store, process, and analyse the Content that is processed by the AI models to maintain and provide our services and to develop and improve our algorithms. Additionally, you consent to us storing such Content in an region outside the region where you are accessing and/or using Platform.

7. User Data Privacy

7.1 We respect your privacy and are committed to protecting your data. Our data handling practices are outlined in our Privacy Policy. The Privacy Policy will be made available to you when you access the Platform and applies to you from the moment you first access and/or use the Platform, and is also available at https://www.algoboost.ai/privacy-policy. The Privacy Policy forms part of these Terms.
7.2 In order to register and be able to access and use the Platform, you will be asked toprovide certain personal data, such as your name and contact information.
7.3 By using the Platform you consent to our use of your personal data. For more information about how your personal data is used, please see our Privacy Policy,
available at https://www.algoboost.ai/privacy-policy.

8. Free and Paid Tiers

8.1 Algoboost.ai currently offers a free-to-use service (the "free tier"), which grants you access to, and the ability to test the machine learning and AI open-source models and software offered on our Platform, subject to whatever restrictions and limitations that we imposed from time to time.
8.2 We reserve the right to modify our pricing and service offerings at any time, withreasonable notice to users.

9. Intellectual Property

9.1 All content, software, and materials or information provided on the Platform are protected by intellectual property rights. You may not reproduce, distribute, or modify any of our content without our prior written consent. That material and information includes works protected by copyright laws around the world. You must not (or try to), and will not encourage or help anyone else to, do any of the following:

9.1.1 Copy or reproduce any content on the Platform;
9.1.2 Remove or tamper with any copyright notice attached or contained within the platform;
9.1.3 Copy or reproduce any trade marks, service marks, logos or brandingpublished or displayed on the Platform; and
9.1.4 Reverse engineer, decompile, disassemble or decipher the Platform orotherwise try to get the source code for (or any part of) the Platform.

9.2 While using our platform, you may access open source models and software. We retain ownership of our platform and IP, excluding any open source components.
9.3 We grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use our Platform in accordance with these Terms.
9.4 You grant us a non-exclusive, perpetual, royalty-free, transferable, sublicensable, worldwide, irrevocable and unrestricted licence to use, distribute, reproduce, display, store and copy any information (including any Content) that you create, upload, send, submit, store on or via the Platform for the following purposes:

9.4.1 To provide and operate the Platform;
9.4.2 To comply with any law, rule, order or regulation or the order of any court, enforcement agency or any other authority of competent jurisdiction; and
9.4.3 To perform our obligations and exercise our rights under these Terms.

10. Third-Party Links

10.1 Our website may contain links to third-party websites for your convenience. We do not endorse or control these third-party sites and are not responsible for their content or practices. You use them at your own risk.
10.2 We advise you to read the privacy policy of each third-party website and decide whether you agree to their privacy practices and policies, as these third-party websites may also be collecting or sharing your Personal Information.
We are not liable if you suffer losses or damages when visiting third-party websites by following a link to that website from this Website. You accept that there may be risks when you use such third-party websites, and you do so at your own risk.

11. Communication

We may send you general communications, notifications, blogs, and updates in the future by showing a message when you log in to the Platform, push notifications, email, or in any other way. You can manage your communication preferences in your account settings.

12. Changes to Terms

We reserve the right to update these Terms at our discretion. When we do this, we will post the revised Terms on our website [insert Terms URL] and will let users know (for example, by showing a pop-up message when you access the Platform, or in another way that we decide) that the Terms have changed. It is your responsibility to read the updated Terms and understand the changes to them. If you disagree with anything in the updated Terms, you must not access and/or use the Platform and, if you have already accessed or used it, you must immediately log out and close our page. If you continue to use the Platform following the update, we will treat this as confirmation that you have read, understood and agreed to the updated Terms.

13. Termination

13.1 You can, at any time, delete your account on the Platform which will terminate youruse of the Platform.
13.2 If you delete your Platform account, this will erase your API keys, documentation, API calls and collections. Once you have deleted your account, we may not be able to restore it, and you will no longer be able to access any of the Content associated with it. However, please note that deleting your account will not delete all the information or data you may have processed. Additionally, we may also retain copies of certain information, such as your API calls and collections, in the manner contemplated in the Privacy Policy.
13.3 We can, at any time, suspend your use of the Platform if:

In our opinion, there are any security risks or concerns related to your use of the Platform;
We think or suspect, in our opinion, that the platform has been used fraudulently or in an unauthorised way, or in breach of these Terms or the Privacy Policy;
There are obligations we have to meet under any laws and regulations;
There are operational reasons that require us to suspend your use of the Platform; or
We consider it necessary in the circumstances.

13.4 We may terminate your right to use the Platform and our services, and/or deleteyour account with immediate effect and with or without notice:

If, in our opinion, you have breached these Terms or the Privacy Policy;
Your actions have created, or are likely to create, harm, risk, or possible legal exposure for us, your internet service provider or other Algoboost.ai users; or
Whenever we may otherwise consider it necessary in the circumstances.

13.5 Access to the Platform may be interrupted or suspended from time to time, including, for example, for maintenance or upgrades. We will generally try to tell you of such interruptions and suspensions in advance. We may notify you by sending you a message when you log in to the Platform, through push notifications, or SMS, or in any other way. However, sometimes we will not have the opportunity or time to do that, including, for example, if we need to fix something urgently or if it would comprise our reasonable security measures or if it is unlawful for us to do it.
13.6 We will not be liable for any losses to you or anyone else which result from any interruption or suspension of the Platform, or from you not being aware of it in
advance.
13.7 Even if your right to use the Platform has been terminated or you have deleted your account on the Platform, some provisions of these Terms may, by their nature, continue to apply after termination of these Terms will continue to apply. This includes (but is not limited to) all provisions relating to intellectual property (except for your license to use the Platform, which will end automatically when your right to use the Platform is terminated or your account is deleted), liability, indemnities and choice of law.

14. Disclaimer of Warranty

14.1 The Platform is provided "as is" and on an "as available" basis with no representations or guarantees as to performance or functionality. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Platform (or any information or material on it) or us, whether express or implied, including, for example, fitness for purpose, merchantability, freedom from viruses or other contaminating or destructive properties, availability, loss of data or non-infringement..
14.2 We do not guarantee the suitability, accuracy, reliability, or availability of ourservices and we reserve the right to change it at any time without notice.

15. Limitation of Liability

15.1 To the fullest extent permitted by law, our affiliates and us are not liable to you for:

15.1.1 Any losses, damages, liabilities, costs, expenses (including but not limited to legal fees) or charges (whether arising in contract, tort, including negligence, or otherwise); and/or
15.1.2 Any indirect, special, incidental or consequential damages or losses, including (but not limited to) loss of revenue, profit, business, reputation, anticipated savings or goodwill, arising from or in connection with:
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● your use or attempted use of the Platform;
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● your inability to use the Platform;
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● any failure, interruption, unavailability, delay, defect, error or omission in the Platform; and/or
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● any other matters arising otherwise in connection with the Platform or these Terms,
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regardless of whether we had been advised of or were aware of the possibility of such losses or damages being incurred.
15.1.3 Nothing in these Terms limits or excludes or limits our liability for fraud or fraudulent misrepresentation, personal injury or death caused by negligence, or any other liability that cannot be limited or excluded by law.
15.1.4 This clause 15 (as well as every other term and condition in these Terms) apply to the fullest extent permitted by applicable laws. You may have additional rights under those laws, which differ or supplement the rights described above. If this is the case, nothing in this clause 15(or anything else in these Terms) should be interpreted to mean that you have forfeited these rights, where the law does not allow this.

16. Indemnity

16.1 You indemnify and hold us harmless from and against any liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other costs and expenses) suffered or incurred by us as a result of or in connection with:

16.1.1 Any breach by you of these Terms; and/or
16.1.2 Any Content you send, upload, submit or otherwise communicate using thePlatform.
16.1.3 Any breach by you of our intellectual property rights or those of a third party.

17. Abnormal and unforeseen circumstances

17.1 We are not responsible if we do not comply with any of these Terms, or if thePlatform malfunctions or does not operate as expected:

Due to circumstances beyond our reasonable control; or
Due to our obligations under any laws or regulations.

18. No limitation to your legal rights

Nothing in these Terms will reduce any rights you are entitled to under the law in your country (including any rights under applicable consumer protection regulation).

19. Third Party Rights

No person other than you and us will have any rights to benefit from or enforce any of the provisions of these Terms.

20. Additional provisions

20.1 If, for any reason, we fail to enforce any right or remedy under these Terms, this will not constitute a waiver of, and will not restrict in any way, our right to exercise that or any other right or remedy.
20.2 If any provision of these Terms is found to be illegal, void, invalid or unenforceable (in whole or in part) by any law, rule, order or regulation or by the final determination of any court of competent jurisdiction, such invalidity or unenforceability will not have an effect on the other part of that provision or the other provisions of these Terms which will remain in full force and effect.
20.3 You must not novate, assign, cede, delegate, or otherwise transfer any of your rightsor obligations under these Terms to anyone else.

21. Governing Law

To the maximum extent permitted by law, these Terms and any dispute or claim (including any non-contractual disputes or claims) arising from or in connection with these Terms, or their subject matter or formation will be governed by and interpreted in accordance with the laws of South Africa.

22. Important Provisions

Under the laws of certain countries, we are required to point out certain important provisions in these terms and conditions to you. The clauses which contain these important provisions and the reasons why they are important are set out below. It is also very important that you read all of these clauses carefully and not just what we say below.

Limitations of risk, legal responsibilities and liability. Clauses 2, 3, 4, 13, 14, 15, 17 are important because they limit and exclude obligations, liabilities and legal responsibilities that we and other persons or entities may otherwise have to you. As a result of these clauses, your rights and remedies against us and these other persons and entities are limited and excluded. These clauses also limit and exclude your right to recover or make claims for losses, damages, liability or harm you or others may suffer.
Assumptions of risk, legal responsibilities and liability by you. Clauses 3, 4, 9, 10, 13, 16 are important because you take on risk, legal responsibilities and liability. As a result of these clauses, you may also be responsible for claims and other amounts. You will also be responsible for, and you accept, various risks, damages, harm, and injury which may be suffered by you and others for what is stated in these clauses.
Your indemnification obligations. Clause 16 requires you to indemnify (hold harmless) us and other persons or entities against claims, loss, damages, and harm that that may be suffered by us and other persons or entities as a result of the events set out in these clauses. You also required to indemnify us and other persons and entities against claims for loss, damages, and harm that that may be made by any person or entity as a result of the events set out in these clauses. This places various risks, liabilities, obligations and legal responsibilities on you and you will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that that may be suffered or claimed.