Atypical AI Terms of Service

Last Updated: June 3, 2024

Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the web application (the “Web App”) and Generative AI educational services accessible via the Web App offered by Atypical AI Corp (“Atypical”). To make these Terms easier to read, the Web App and our services are collectively called the “Services.”

1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are adopting or purchasing the Services on behalf of an Educational Institutional (such as your employer school) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.
2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use, and share your information. If you are between the ages of 13 and 18, please review our Privacy Policy for Children.
3. Changes to these Terms or the Services. We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Web App and/or may also send other communications. It’s important that you review the Terms whenever we update them, or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Services?
   
   1. You are eligible to use the Services only if you are (a) 18 years or older and capable of forming a binding contract with Atypical or (b) at least 13 and younger than 18 years of age and Atypical has received such consent to your use of the Service as is required by applicable law from your parent or legal guardian (collectively, “Parent”) or your teacher, school, school district or other educational institution (collectively, “Educational Institution”). Notwithstanding the foregoing, you may not use the Services if you are otherwise barred from using the Services under applicable law.  If we determine in our sole discretion that you do not satisfy the foregoing eligibility criteria or comply with these Terms, we reserve the right to disable your access to the Service.
   
   2. If you are a teacher or other employee or a student at an Educational Institution that has agreed to purchase or conduct a trial of the Services, you will be considered an “Authorized User” of the Services.

1. Feedback. We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
2. Your Content and Atypical’s and Third Parties’ Intellectual Property.
   1. Posting Content and Derivative Works. Our Services may allow you to store or share content such as inputs to our generative AI services. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content.” Atypical does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. To the extent permitted by applicable law, you acknowledge and agree that you do not own any derivative works of any Atypical intellectual property or intellectual property of any third-party publisher (“Publisher”) that you access through the Service (“Derivative Works”). To the extent you acquire any right, title, or interest in or to any such derivative works, you hereby assign all rights, title, and interest in and to such derivative works to Atypical or the third-party publisher, as applicable. For clarity, User Content excludes all Derivative Works. To the extent permitted by a Publisher, you hereby have the right to access and use any Derivative Works you generate through the Service and share them with other members of your institution for as long as you have access to the Service or have a subscription with the applicable Publisher.
   
   2. Permissions to Use Your User Content. By making any User Content available through the Services, you hereby grant to Atypical a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating, improving, and providing the Services, including without limitation sharing User Content with another user who is a student, teacher, school administrator within your institution, or textbook publisher, as applicable where such sharing is permitted by applicable law and consistent with our Privacy Policy.
   
   3. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Atypical on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
   
   4. Atypical and Third-Party Intellectual Property. We may make available through the Services content that is subject to Atypical’s or another third party’s intellectual property rights. We, or the third party, retain all rights to that content.
3. General Prohibitions and Atypical’s Enforcement Rights. You may not use the Services in a manner that:
   1. Infringes or violates the intellectual property rights, rights of personality, data privacy, or any other legal rights of any person;
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   2. Violates applicable law, regulations, or the policies of your organization (as applicable);
   
   3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
   
   4. Violates posted content restrictions for publicly accessible information areas, such as public profiles, bulletin boards, forums, or chat areas;
   
   5. Is inconsistent with use in your position as an Educational Institution or as a teacher or other employee or contractor at an Educational Institution (as applicable),
   such as using the Services to create or offer commercial products or services;
   
   6. Jeopardizes the security of your account or anyone else’s account, in each case used to access the Services;
   
   7. Attempts, in any manner, to obtain any password, account, or other security information from any other user, in each case used to access the Services;
   
   8. Threatens the security of any computer network or cracks any passwords or security encryption codes;
   
   9. Runs processes that execute or are activated while you are not logged into the Services or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Service's infrastructure or by introducing viruses or other malware into our systems);
   
   10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services except as expressly permitted by law.
   
   11. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Atypical is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

1. Copyright Dispute Policy. Atypical respects copyright law and expects its users to do the same. It is Atypical’s policy to, in appropriate circumstances, terminate the access of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Atypical’s Copyright Dispute Policy for further information.
2. Third-Party Services. The Services (including the Web App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
3. Termination. We may suspend or terminate your access to and use of the Services at our sole discretion, at any time, and without notice to you. Upon any termination, discontinuation, or cancellation of the Services, provisions that by their nature should survive termination of these Terms shall survive. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, and any terms regarding ownership or intellectual property rights.
4. Disclaimers.
   1. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the Services.
   
   2. Generative AI Disclaimer. Generative AI is a rapidly evolving area. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial to all of our users. You should be aware that use of our Services may in some situations result in incorrect output that does not accurately reflect real people, places or facts. Before using the output, you must evaluate its accuracy and determine whether it is appropriate for your use case. We recommend that a human always review outputs to ensure that they are accurate and appropriate for your needs. Your use of any information or materials on this website or any content generated using generative AI is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information made available through our Services meet your specific requirements. We are not responsible for any decisions or actions taken based on any AI-generated content, and we disclaim any liability for damages or losses resulting from your reliance on the AI-generated content. You understand that when you are using generative AI features of the Service, you are not communicating with a human.
5. Indemnity. If you are an Educational Institution, then you agree to indemnify and hold Atypical and its officers, directors, employees, and agents harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) any access to or use of the Services by Authorized Users or (b) any violation of these Terms by Authorized Users.
6. Limitation of Liability.
   1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ATYPICAL NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ATYPICAL OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
   
   2. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL ATYPICAL’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO ATYPICAL FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ATYPICAL, AS APPLICABLE.
   
   3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ATYPICAL AND YOU.
7. Governing Law and Jurisdiction.
   ‍1. Governing Law. These Terms and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England.
   
   2. Jurisdiction. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and/or your use of the Services. Notwithstanding the foregoing or Section 14(a), nothing in these Terms shall limit the right of Atypical to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdiction preclude the taking of proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
   
   3. Conducting Arbitration and Arbitration Rules. Without prejudice to Sections 14(a) through 14(c), if you are a consumer (i.e., you are not (i) an Educational Institutional or other legal entity or (ii) an individual acting wholly or mainly within your trade, business craft or profession) located in the United Kingdom or the European Union and a dispute arises between you and Atypical, we strongly encourage you to get in touch with us directly first to seek a resolution by contacting support@atypicalai.com. If the dispute cannot be resolved between you and Atypical, then we will consider your reasonable request to resolve the dispute through an alternative dispute resolution process (“ADR”). ADR is a process where an independent body considers the facts of a dispute and seeks to resolve it, without having to go to court. If we agree to using an ADR process, you can submit your complaint to the Centre for Effective Dispute Resolution via its website http://www.cedr.com/ or http://ec.europa.eu/consumers/odr/. You should not submit your complaint until you have received notice from us in writing (and this could be an email) that we have agreed to resolve your complaint via ADR.
8. General Terms
   ‍1. Reservation of Rights. Atypical and its licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
   
   2. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Atypical and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Atypical and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Atypical’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. Atypical may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
   
   3. Notices. Any notices or other communications provided by Atypical under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
   
   4. Waiver of Rights. Atypical’s failure to enforce any right or provision of these Terms 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 Atypical. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
9. Contact Information. If you have any questions about these Terms or the Services, please contact Atypical at support@atypicalai.com.