Last revised: 14 October 2026

Terms of Service

1. Introduction

ChatAndBuild Limited, our affiliates (“Company”, we”, “us” or “our) are pleased to provide you with our services branded as “ChatAndBuild”, “ChatChat”, “Abundant Intelligence”, “Living Brain” and such other products and services developed and/or operated by us from time to time on and through chatandbuild.com, chatchat.com and any other websites, applications, platforms and/or means and media (collectively “Platforms”, “Sites”, or “Services” as the context requires). We may provide certain Services through companies under common management or through service providers.

These Terms of Service (these "Terms") govern your access to and use of our Sites, Platforms and Services. Please note that some products and services may be subject to additional terms and conditions and/or rules and guidelines which will be deemed incorporated into these Terms by reference.

These Terms constitute the entire agreement between you ("User," "you," "your") and ChatAndBuild Limited regarding your use of the Services. Please read these Terms and our Privacy Policy.

For the avoidance of doubt, where Living Brain is accessed or used through any website, application, platform, product or service operated or made available by us or our affiliates, these Terms apply to such access and use, including any Living Brain features, tools, AI systems, agents, workflows, applications, APIs, SDKs, MCPs, content and related services, unless separate terms expressly apply.

By accessing or using the Services, you:

  • Acknowledge that you have read, understood, and agree to these Terms;
  • Confirm you are at least 18 years old, or the minimum age required in your jurisdiction, to use the Services.
  • Confirm that you are not prohibited or barred from using any of the Services under the laws of your jurisdiction;
  • Agree to comply with these Terms and our Privacy Policy;
  • Agree to provide reasonable cooperation to us in relation to these Terms and ensure compliance with them;
  • Represent and warrant that you have the authority to enter into this Agreement, either personally or, if acting on behalf of an entity, on behalf of the entity identified in the account registration process. Any references to "User", "you", or "your" will apply to such entity if applicable; and
  • Commit to comply with all applicable laws and regulations.

We reserve the right to update or revise these Terms at any time by posting updated terms on the Sites or notifying you directly. Continued use of the Services following such changes constitutes your acceptance of the revised Terms.

2. Access and Use

2.1 Access Rights

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to use our Services. This license includes the right to use our Services for both personal and commercial purposes, subject to your subscription plan and these Terms. The license will terminate immediately upon a violation of these Terms or upon suspension or termination of your account for any reason. We reserve the right to modify, suspend, or discontinue any part of the Services at our discretion, with or without notice. You agree not to use the Services in any manner that could impair their functionality or accessibility.

2.2 Account Creation and Management

  • You must create an account ("Account") to use the Services.
  • You are responsible for maintaining the security of your Account and all activities conducted under it, including: (a) not allowing unauthorized access, (b) securing your account credentials, (c) ensuring no sharing of login details, and (d) promptly notifying us of any unauthorized access.
  • You may register an Account through third-party services (SSO) like Google. By doing so, you confirm that you are authorized to share your SSO account information with us and that no breach of terms occurs.
  • We reserve the right to suspend or terminate accounts that violate these Terms.

2.3 Connected Services

Certain Services may allow you to connect third-party accounts, applications, workspaces, platforms, or services through integrations made available in the Services (collectively, “Connected Services”). By connecting a Connected Service, you authorize us to access, retrieve, process, transmit, display, and act upon data made available through that Connected Service as necessary to provide the features, automations, workflows, and actions you request, subject to the permissions you grant and the applicable third-party terms.

You are responsible for ensuring that you have all rights, notices, and consents necessary to connect such Connected Services and to direct the Services or any AI agents associated with your account to access, use, send, modify, or share data through them. We are not responsible for third-party services, including their availability, performance, security, APIs, permissions, or terms.

3. Content

3.1 Input and Output

Subject to your compliance with this Agreement, you may provide or upload input through the Services, including but not limited to prompts, comments, text, data, files, software, music, images, video, audio, photographs, graphics, messages, links, questions, agent instructions, workflow configurations, integration settings and other materials (collectively, "Input").

You are entirely responsible for all Input that you upload, share, post, transmit, display, possess, or otherwise make available through the Services, including any content or data made available through third-party accounts. When providing any Input, you represent and warrant that:

  • The Input is (and will continue to be) true, current, accurate, and non-infringing upon any third-party rights, including but not limited to trademarks, patents, trade secrets, or copyrights;
  • You have all necessary rights, licenses, or permissions to upload, share, or use the Input;
  • Your Input does not violate any laws or third-party rights;
  • Your Input does not include or link to Sensitive Data, which includes:

(i) categories of data under Article 9(1) of the EU GDPR or successor laws;

(ii) credit card or payment card data subject to PCI DSS;

(iii) nonpublic Personal Information (NPI) as defined by the Gramm-Leach-Bliley Act;

(iv) or any other similar data protected by applicable laws;

  • You have obtained all consents and permissions required under all applicable laws for the posting, transmission, or publication of any personal information and/or image or likeness of any person, entity, or property included in the Input, and you will comply with all laws applicable to such content;
  • Your use of Connected Services complies with applicable laws and third-party terms;
  • Any content or actions performed through integrations do not violate third-party rights or platform policies;
  • You are solely responsible for your Input and its use.

In response to your Input, the Services and any associated AI services may generate new messages, content, actions, recommendations, or other output ("Output"). Input and Output are collectively referred to as "Content". You acknowledge that:

  • Output is based on your Input, and the Company has no control over it. Output may not be unique and can be generated similarly for other users under similar conditions;
  • The Company does not guarantee that Output is protectable by intellectual property laws;
  • All Output is provided "as is" and "with all faults." We make no representations or warranties regarding the accuracy, completeness, or suitability, non-infringement of any Input or Output;
  • You are solely responsible for your use of the Content and assume all risks associated with it, including potential copyright infringement claims, reliance on Content for decisions or actions, or any disclosure of Content that personally identifies you or third parties;
  • You are solely responsible for evaluating, verifying, and determining the appropriateness of any Output Content before relying upon, publishing, sharing, communicating, or acting upon it.
  • If you configure or deploy an agent to act on your behalf, you remain responsible for that agent's configuration, instructions, permissions, and actions, and for reviewing its outputs and actions before relying on them in important or sensitive contexts.

3.2 Content Sharing

We may provide tools that allow you to export information to third parties or third-party services. By using these tools, you consent to the transfer of such information to the relevant third party or service. We are not responsible for how third parties or services use your exported information.

3.3 Content Storage

Unless expressly agreed in writing by us, we have no obligation to store any of your Content. We do not guarantee that any Content will be retained for any minimum period unless your plan or a separate written agreement expressly states otherwise. We are not responsible for the deletion, accuracy, or failure to store, transmit, or receive any Content, including your Content, nor for the security, privacy, or transmission of any communications related to the Services.

4. Data Usage, Training, and Handling

We collect and process data from your use of the Services to provide, improve, and support our platform, enhance user experience, and for business purposes. Detailed information is in our Privacy Policy; this section summarizes our data usage practices and clarifies data ownership.

4.1 Usage Data

Usage Data includes telemetry, logs, and metadata generated from your use of the Services, such as feature usage, API metrics, device data, and error logs. We own all Usage Data and may use it for service performance, diagnostics, system improvements, and analytics. It does not include source code, user content, or Personally Identifiable Information ("PII"). PII refers to information that can identify an individual, such as names, emails, IP addresses, and account identifiers. We use PII only for account management, support, billing, and aggregated business purposes. We do not use raw or identifiable PII for AI training. We do not sell PII and do not share it with third parties for advertising or marketing. You may request access to or deletion of your PII at any time by contacting us at the contact details in Clause 16 below or use the support options made available through the Services. For clarity, the restrictions in Section 4.2 regarding Google Workspace API data apply regardless of whether such data is raw, aggregated, anonymized, de-identified, transformed, or otherwise derived.

4.2 Customer Data

"Customer Data" refers to Content that you input, upload, or generate through your use of the Services, including Input, Output (subject to any third-party rights and excluding ChatAndBuild materials), documents, project structures, logic, and configurations. We may collect, use, store, and process Customer Data solely to provide and improve the Services, including for system operations, support, diagnostics, and security purposes.

Subject to the restrictions in this Section regarding Google Workspace API data, in addition, we may use Customer Data, excluding any Personally Identifiable Information ("PII") therein, for the purposes of:

  • training and tuning machine learning and AI models;
  • benchmarking and analytics;
  • developing, improving, and enhancing the functionality and performance of the Services and related technologies;
  • for the avoidance of doubt, ChatAndBuild will not use PII contained within Customer Data for such training, benchmarking, or product development purposes;
  • We may, on a perpetual basis, use Customer Data that has been anonymized, aggregated, or de-identified for the general purpose of maintaining, improving, and enhancing our technology (including the development of new features and functionalities).

Notwithstanding anything else in these Terms, we do not use any raw user data obtained through Google Workspace APIs, or any data derived from such data (including aggregated, anonymized, de-identified, transformed, or other derived data), to develop, improve, train, retrain, fine-tune, evaluate, or otherwise enhance generalized artificial intelligence or machine learning models. Google Workspace API data may be processed solely to provide, secure, maintain, and support the functionality requested by you within the Services. The use of raw or derived user data received from Google Workspace APIs will adhere to the Google User Data Policy, including the Limited Use requirements.

4.3 Data Handling, Retention and Deletion

We utilize industry standard data-access controls, conduct regular security audits, and practice transparent data usage. We retain Customer Data and PII as needed for service purposes or legal obligations. Deleted account or data is generally removed from active systems within 30 days and from routine backups within 90 days, unless a longer period is required or permitted by law. Disconnecting an integration stops future syncing, but does not by itself delete data already stored by us. Usage Data and de-identified benchmarks may be retained indefinitely. You may request deletion of your data, subject to legal and technical obligations. Authorized personnel may access workspace data for troubleshooting and improvement. We may generate de-identified benchmarks for internal metrics or public summaries. These benchmarks do not include source code or project names. Enterprise accounts have enhanced controls, including custom data-handling agreements and restrictions on third-party sharing.

5. Intellectual Property Rights

5.1 Our rights

We and our licensors, retain all right, title, and interest in and to all intellectual property and proprietary rights related to our Sites, Services, Platforms, technology, and brand. This includes, but is not limited to, all copyrights, trademarks, patents, trade secrets, know-how, and other intellectual property rights in:

  • The Platforms, underlying technology, software, tools, algorithms, AI models, libraries, documentation, infrastructure, SDKs, APIs, and interfaces;
  • All software, code (source and object), algorithms, models, features, functionalities, and systems developed by or for the Services;
  • All user interfaces, designs, architecture, layouts, and visual elements;
  • Usage Data and analytical insights derived from platform use, subject to applicable privacy laws;
  • All improvements, modifications, and derivative works of the above (collectively, the "Company Materials");
  • All intellectual property, whether registered or unregistered, is owned by us or its licensors and is protected by applicable laws. Unless expressly authorized by us in writing, no rights or licenses are granted to users or third parties, either by implication or otherwise. All rights not expressly granted are reserved by us.

5.2 Content Ownership

As between you and the Company, and subject to applicable law and third-party rights, you retain any rights you may have in your Inputs, the AI agents, workflows, and other user-generated work products created or generated specifically for you through the Service.

The Company retains all right, title, and interest in and to the Company Materials, the Service, its underlying models, software, algorithms, systems, methodologies, documentation, improvements, and all related intellectual property rights. Nothing in these Terms transfers ownership of the Service or the Company's intellectual property to you.

5.3 License

Notwithstanding Clause 5.2, you grant us, our affiliates, successors, assigns, and third-party service providers involved in the provision of the Platform an irrevocable, non-exclusive, worldwide, royalty-free, fully paid-up, transferable, and sublicensable (through multiple tiers) license to:

  • During the Subscription Term, access, use, modify, translate, process, copy, download, store, distribute, display, publish, and prepare derivative works of the Customer Data as necessary to provide and operate the Services, as well as to monitor your compliance with these Terms;
  • On a perpetual and irrevocable basis, use Customer Data in an aggregated, anonymized, or de-identified form to improve the Services and create Usage Data, thereby enhancing the accuracy, performance, and efficiency of the Services. Notwithstanding the foregoing, any raw or derived user data obtained through Google Workspace APIs, including aggregated, anonymized, de-identified, transformed, or other derived data, will be used only in accordance with Section 4.2 and will not be used to develop, improve, train, retrain, fine-tune, evaluate, or otherwise enhance generalized artificial intelligence or machine learning models;
  • If any personal information is included in the Customer Data, we will process it in accordance with our Privacy Policy or applicable Data Processing Agreement. You remain responsible for the legality of providing that data to us and for giving any required notices and obtaining any required consents. You remain the data controller for any personal data included in your Customer Data, and we act as your data processor solely for the purpose of providing the Services, unless otherwise specified.

By submitting feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and display the feedback for any purpose without compensation.

5.4 Publicity Rights

We will not use your name, logo, trademarks, non-public content, or work product in marketing materials, case studies, demos, customer lists, or other promotional materials without your prior written consent, except for public content or listings that you choose to publish through the Services.

For business entities, you grant us a non-exclusive, worldwide, transferable, royalty-free license to use your name, logo, and trademarks ("Marks") for the purpose of identifying you as a customer on our website, in customer lists, pitch materials, and other marketing and promotional materials. You may revoke this license at any time by providing written notice.

You represent and warrant that you have all necessary rights to grant this license and that our use of your Marks as described above will not infringe or misappropriate any third-party rights.

5.5 Intellectual Property Infringement and DMCA Compliance

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted work has been infringed, please send a notice to us at the contact details in Clause 16 below or use the support options made available through the Services with the following information:

  • Identification of the copyrighted work allegedly infringed;
  • Identification of the allegedly infringing material;
  • Your contact information;
  • A good-faith statement of infringement;
  • A statement of accuracy under penalty of perjury.

If you believe your content was removed by mistake, you may submit a counter-notice. Upon receiving a valid counter-notice, we may reinstate the material in accordance with the DMCA.

6. Use Limits, Subscription and Payment Terms

The Services may be offered on a subscription, usage-based, free, trial, enterprise or other pricing basis, with the applicable access rights, usage limits and fees disclosed for the relevant product or service, including Living Brain. Applicable access rights, usage limits, features, and fees are disclosed on our public pricing pages, within your account dashboard, or in a mutually executed order form or enterprise agreement ("Order Form"). In the event of a conflict between these Terms and an executed Order Form, the terms in the Order Form shall prevail. If you experience any issues, please contact us at the contact details in Clause 16 below or use the support options made available through the Services.

Your use of the Services is subject to the usage limits, seat allocations, or rate limits associated with your selected plan or Order Form. For self-serve plans, detailed pricing and plan limits are available in the Billing section under Settings. We reserve the right to modify plans and pricing at any time. For detailed pricing on different billing plans, please visit the Billing section in Settings. Subscription plan automatically renews unless cancelled.

All payments must be made using a valid credit card or through a third-party payment processor such as Stripe. By submitting your payment information, you authorize us (and our payment processors) to charge the applicable fees on a recurring basis. If using a third-party service like Stripe, you also agree to comply with their terms and conditions.

You agree that the fees payable for the Services may be subject to any applicable taxes, duties or levies, including value-added tax (VAT), goods and services tax (GST), sales tax or service tax, as imposed under applicable tax laws or regulations.

We may offer certain services as free trials ("Trial Service") from time to time. We reserve the right to modify, cancel, or limit any Trial Service at any time without liability. Additionally, we may offer certain services in alpha or beta versions ("Pre-Released Service"), which will be clearly identified as such. Pre-Released Service are still under development, and may be incomplete, contain bugs, experience disruptions, or not operate as intended. Trial Services and Pre-Released Service are provided under these Terms (if any) are offered on an "As-Is" and "As Available" basis, with no express or implied warranties and the Company makes no guarantees that any Trial Service or Pre-Released Service will be available to the Customer or will be made generally available.

7. Term and Termination

This Agreement begins when you accept its terms (as described above) and remains in effect while you use the Services, unless terminated earlier as outlined below.

7.1 Suspension and Termination by Company

We may, at our sole discretion, suspend, restrict, or terminate your access to all or any part of the Services, with or without notice, if:

(a) you breach or we reasonably believe that you have breached these Terms, our Privacy Policy, or any applicable additional terms;

(b) we reasonably suspect fraud, unauthorized access, misuse of the Services, security incidents, or other activities that may harm the Services, our users, or any third party;

(c) such suspension or termination is necessary to investigate suspected misconduct, protect the security, integrity, availability, or operation of the Services, or prevent actual or potential harm;

(d)we are required to do so to comply with applicable law, legal process, regulatory requirements, or a request from a governmental or competent authority; or

(e) we otherwise determine, in our reasonable discretion, that continued access to the Services presents a legal, regulatory, operational, or security risk.

We may also suspend or terminate your access to the Services or this Agreement at any time, with or without cause, by providing reasonable notice where practicable.

During any period of suspension, we may restrict access to your account, Content, Connected Services, or certain features of the Services while we investigate the relevant matter or take appropriate remedial action.

If your account is terminated for cause, you must immediately cease using the Services, and we may disable or permanently remove your account and deny any future access to the Services to the extent permitted by applicable law. We shall not be liable to you or any third party for any suspension, restriction, or termination of your access to the Services in accordance with these Terms.

7.2 Termination by You

You may terminate this Agreement by closing your account through the user settings or by contacting us. Paid subscriptions can be canceled in accordance with the billing settings then available for your account. Unless otherwise stated or required by applicable law, cancellation will take effect at the end of the then-current billing period, and you will continue to have access to the applicable paid Service until that time. Except as otherwise provided in our Refund and Cancellation Policy or required by applicable law, fees paid for the Services are non-refundable and all sales are final. Cancellation of a subscription does not, by itself, entitle you to a refund or credit for any unused portion of the applicable billing period.

7.3 Consequences of Termination

Upon termination, your right to use the Services will cease immediately, and we may delete your content stored on the Services. We will not be liable for the deletion of your content or any other consequences resulting from termination.

7.4 Survival of Certain Provisions

Certain provisions of this Agreement, such as ownership rights, warranty disclaimers, and limitations of liability, will survive termination.

7.5 Re-registration After Termination

If your account is terminated for cause or your access is revoked due to a violation of this Agreement, you agree not to attempt to re-register or access the Services using a different member name or by any other means.

8. Third-Party Services

The Platform, Site, and Output may integrate with or link to third-party software, products, open-source components, applications, websites, or services (collectively, "Third-Party Services"). These may include APIs, SDKs, or other software provided by third parties. Your use of any Third-Party Service is subject to that provider's own terms, licenses, and privacy policies ("Third-Party Terms"). We do not review, endorse, sponsor, or approve any Third-Party Services or their providers, and we are not responsible or liable for their content, functionality, terms, or any changes or updates. Inclusion of or links to Third-Party Services do not imply affiliation or endorsement by us. We may replace or discontinue use of any Third-Party Service at our sole discretion.

In some cases, we may grant Third-Party Services the right to access, copy, process, and modify Customer Data. This access may be used for the following purposes:

  • To perform the services, integrations, automations, and agent actions you request;
  • To address technical or security issues and resolve support requests;
  • To investigate potential violations of these Terms or applicable laws, or third-party rights.

The Third-Party Services may include open-source software or other intellectual property owned by third parties. These third-party intellectual properties are licensed under separate Third-Party Terms, which are not covered by these Terms of Service. You are responsible for complying with these Third-Party Terms, which may include direct payments to the third-party provider. We are not liable for any losses, damages, or expenses incurred in connection with third-party intellectual property or Third-Party Terms.

8.1 Connected Services Authorization

The Services may allow you to connect to Connected Services (as defined in Clause 2.3). By connecting a Connected Service, you:

  • Authorize us to access, retrieve, and process data made available by that service in accordance with your permissions;
  • Represent and warrant that you have the legal authority to connect and use that account; and
  • Agree to comply with all applicable terms and policies of the Connected Service provider.

You are responsible for ensuring that you have all rights, notices, and consents necessary to integrate Connected Services and to direct any of our Services or your AI agents to access, use, send, modify, or share data through them. We are not responsible for third-party services, their availability, or changes to their APIs, permissions, or terms.

8.2 Use of Connected Service Data

We may use data from Connected Services to:

  • Authenticate and maintain your connection;
  • Display content and analytics within the Services;
  • Execute actions you request;
  • Support AI-powered workflows and responses.

All such actions are performed based on your instructions, configurations, or enabled workflows.

For Google Workspace integrations, Connected Service data may be processed only to provide the functionality requested by you within the Services and will not be used to train or improve generalized artificial intelligence or machine learning models.

8.3 Automated and Agent-Based Actions

Certain features of the Services allow AI agents or automated workflows to perform actions on your behalf through Connected Services.

You acknowledge and agree that:

  • Actions taken by agents are initiated based on your instructions, configurations, or enabled features;
  • You are solely responsible for reviewing and authorizing the use of Connected Services;
  • You are responsible for all content published, actions taken, and interactions performed through your connected accounts.

8.4 Credential Handling

We may store authentication credentials (such as access tokens) in encrypted form solely for the purpose of maintaining your Connected Services.

If you disconnect a Connected Service:

  • We will remove stored authentication credentials associated with that connection;
  • Historical records (e.g., logs, chat history, or completed actions) may be retained in accordance with our data retention policies.

8.5 Third-Party Platform Limitations

Connected Services are controlled by third-party providers. We do not control and are not responsible for:

  • Availability, performance, or changes to third-party APIs;
  • Enforcement actions, suspensions, or restrictions imposed by third-party platforms;
  • Data accuracy or completeness provided by third-party services.

Your use of Connected Services is at your own risk and subject to the provider’s terms.

9. Prohibited uses

You agree not to, and will not permit others to use the Site and Services for any of the following activities:

  • Reverse Engineering: attempting to derive the source code, model weights, underlying models, algorithms, or architecture of the Services or scraping data or using the services to develop competing AI models or rival products;
  • Automated Tools: using bots, scrapers, or similar technologies to access or interact with the Services without prior written authorization;
  • Unauthorized Access: accessing internal systems, administrative interfaces, or non-public APIs of the Services;
  • Harming Others: engaging in activities such as threatening, intimidating, harassing, defaming, doxxing, degrading, or victimizing others, or any other activity that infringes upon the rights of others;
  • Malicious Content: uploading or distributing viruses, worms, malware, or any other harmful code intended to disrupt, damage, or gain unauthorized access to systems, networks, or data;
  • Phishing or Deceptive Practices: attempting to obtain personal, financial, or sensitive information through fraudulent or misleading means;
  • Overloading Systems: engaging in denial-of-service attacks, spamming, excessive API requests, or other actions that degrade the performance or reliability of the Services;
  • Circumventing Restrictions: creating multiple free accounts or otherwise attempting to bypass usage restrictions, quotas, or billing limitations;
  • Illegal Activities: engaging in illegal activities such as child pornography, gambling, piracy, or others;
  • Spam: generating unsolicited or unwanted messages;
  • Political or electoral campaigning, voter targeting, or similar regulated political uses in violation of applicable law or platform rules
  • Intellectual Property Violations: infringing, misappropriating, or violating any third-party rights, including intellectual property or privacy rights or circumvent content protection mechanisms;
  • Unauthorized Third-Party Data or Actions: connecting accounts, accessing data, or directing agents to take actions without authorization from the relevant account owner or contrary to applicable third-party terms;
  • Sensitive or Regulated Uses: using the Services for medical, legal, employment, credit, housing, insurance, law-enforcement, or other high-risk decisions without qualified human review and all applicable safeguards;
  • Sensitive Data Misuse: submitting special-category, health, payment card, government identification, financial account, or other highly sensitive personal data unless the Services expressly support that use and you have all required rights and safeguards.

The above list is not exhaustive, and we reserve the right to amend or update this list at its discretion, with or without notice. If you are unsure whether your use of the Services constitutes a prohibited activity or have any questions, please contact us at the contact details in Clause 16 below or use the support options made available through the Services.

10. AI Agents and Automated Actions

Artificial Intelligence ("AI") and machine learning are rapidly evolving fields of research. AI Agents are tools that operate based on machine learning models, algorithms, user instructions, configurations, and data inputs. AI Agents are not human and do not possess independent legal authority, agency, fiduciary obligations, or decision-making capacity. Unless expressly stated otherwise by the Company in writing, no AI Agent is an employee, representative, partner, agent, contractor, fiduciary, or authorized spokesperson of the Company.

For the purpose of this Agreement, “agents” or “AI Agents” shall refer to any artificial intelligence assistant, bot, workflow, automation, digital agent, autonomous process, or similar functionality made available through the Services.

When using or accessing the Services, you acknowledge and agree to the following:

10.1 Understanding AI Limitations and User Responsibilities

You understand that you are interacting with an AI system based on probabilistic models, which may generate errors, inaccuracies, or repetitive and formulaic content. The system may also reflect biases in its training data and lacks understanding of nuanced language, cultural references, and human emotions. Due to these limitations, AI-generated Output and agent actions may not meet standards of judgment or accuracy, particularly in complex or high-stakes contexts. You are solely responsible for reviewing and evaluating all Output, agent configurations, permissions, outputs, and actions before relying on them, especially in fields such as medical, legal, financial, or safety-critical applications. Output must not be used without appropriate human oversight. You bear full responsibility for any decisions or actions taken based on the Output.

Where an AI Agent interacts with users, customers, third parties, or members of the public, you are responsible for ensuring that the AI Agent is clearly identified as an artificial intelligence system where required by law or reasonably necessary to avoid misleading others.

You shall not:

  • create agents, messages, or interactions that impersonate a real person, authorities or organization, or otherwise misleading others about whether they are interacting with AI, where disclosure is required by law or platform rules;
  • falsely represent an AI Agent as a human being or that AI is human generated and must inform end users that such content should be independently verified for factual accuracy and completeness;
  • conceal the artificial nature of an AI Agent where disclosure is required by law;
  • engage in deceptive or misleading conduct regarding the identity, authority, capabilities, affiliations, or intentions of an AI Agent;
  • use the Services or any AI Agent to make solely automated decisions that produce legal effects or similarly significant effects on an individual, including decisions relating to employment, healthcare, financial services, insurance, creditworthiness, housing, education, immigration status, access to public services, or other comparable matters, without appropriate human review, oversight, and intervention; or
  • authorize or deploy AI Agents to perform transactions, communications, commitments, or actions on behalf of any person or entity without appropriate authority, consent, or supervision.

You acknowledge that your use of AI Agents, Automated Actions, and generated Content is voluntary and at your own risk. To the maximum extent permitted by law, the Company shall not be liable for any loss, damage, claim, liability, cost, or expense arising from or relating to:

(a) generated Content;

(b) decisions made or actions taken in reliance on generated Content;

(c) the conduct or operation of AI Agents;

(d) automated Actions;

(e) third-party AI Agents; or

(f) interactions between AI Agents and third-party services.

10.2 Third Party AI Services And Integration

Our Service integrates third-party AI technologies, including large language models from providers such as OpenAI and Anthropic. These third-party services are governed by their respective terms, which may affect the performance and behavior of the Service. You agree to comply with their applicable terms of use, including (without limitation) usage, sharing, and publication policies. Use of the Services in a manner that violates these third-party terms is strictly prohibited.

You understand that AI Agents may interact with, connect to, retrieve information from, or transmit information to third-party applications, websites, platforms, software, APIs, products, or services. The Company does not control and is not responsible for any third-party services, including their availability, security, performance, content, accuracy, data practices, or legal compliance. Your use of third-party services is subject to the applicable terms and policies of such third parties.

10.3Living Brain

Where Living Brain is made available as part of the Services: (a) Living Brain and its outputs, including information, insights, recommendations, analyses, predictions, summaries, suggestions, generated content or other results, are provided for general informational and assistance purposes only and do not constitute legal, financial, investment, medical, tax, accounting, employment, business or other professional advice; (b) you are solely responsible for evaluating, verifying and exercising independent judgment in relation to any Living Brain output before relying on or acting upon it; (c) Living Brain may produce inaccurate, incomplete, outdated, biased or unsuitable outputs and the Company does not warrant their accuracy, completeness, reliability, timeliness or suitability; (d) Living Brain may depend on user inputs, data, configurations, third-party services, models, APIs and other external sources, and the Company does not guarantee their availability, accuracy or performance; (e) Living Brain is an evolving technology and features, functionality, models and outputs may be modified, suspended or discontinued from time to time; (f) you must not use Living Brain as a substitute for professional judgment or advice or for making decisions where inaccurate or incomplete information could reasonably be expected to result in material harm; and (g) to the maximum extent permitted by applicable law, the Company is not responsible or liable for any loss, damage, claim, liability, cost or expense arising from or relating to any Living Brain output, any decision or action taken or omitted in reliance on such output, any failure of Living Brain to identify, predict, detect or respond to any event, condition, risk or circumstance, or any interruption, unavailability, modification or discontinuation of Living Brain; (h) any access to or use of the Living Brain APIs, MCPs, SDKs or related services must strictly comply with the relevant technical documentation, guidelines, and specifications provided or made available by the Company; (i) you are solely responsible for maintaining the security and confidentiality of any API keys, access tokens, or credentials provided to you, and you accept full liability for all activities and API calls occurring under your credentials; (j) the Company reserves the right to impose rate limits, request quotas, or immediately suspend or terminate your access to Living Brain APIs, MCPs, SDKs or related services, with or without prior notice and without liability, if your usage degrades system performance, poses security or operational risks, exceeds allowed limits, or violates these Terms or applicable technical documentation.

10.4 Enforcement & Remedies

We reserve the right, at its sole discretion and without prior notice, to take any of the following actions: immediately suspend or terminate accounts that violate these Terms, remove content that we reasonably believe infringes upon these Terms or applicable law, deny service to specific users or IP addresses, report illegal activities to law enforcement, and deny refunds to accounts that have been terminated. Additionally, we may take any other actions necessary to protect the Services, the platform, our users, and our business interests.

11. Disclaimer

YOUR USE OF THE SITE, SERVICES, AND ALL CONTENT IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM, SERVICES, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, ALONG WITH OUR SUPPLIERS AND LICENSORS, EXPLICITLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO GUARANTEES REGARDING THE ORIGINALITY, ACCURACY, RELIABILITY, OR USEFULNESS OF THE PLATFORM, SERVICES, OR ANY CONTENT, AND YOUR USE OF THESE IS ENTIRELY AT YOUR OWN RISK. ANY MATERIALS OR CODE YOU DOWNLOAD OR ACCESS THROUGH OUR PLATFORM OR SERVICES ARE OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY SYSTEM DAMAGE OR DATA LOSS THAT MAY RESULT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US OR THROUGH OUR PLATFORM OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. PLEASE NOTE THAT CERTAIN JURISDICTIONS MAY PROHIBIT SUCH WARRANTY DISCLAIMERS, SO SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

WE, ALONG WITH OUR AFFILIATES, AGENTS, OFFICERS, EMPLOYEES, SUPPLIERS, AND LICENSORS, SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR PLATFORM, SERVICES, OR CONTENT (INCLUDING AI-GENERATED OUTPUT). THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, GOODWILL, DATA, USE, BUSINESS INTERRUPTION, SECURITY BREACHES, UNAUTHORIZED ACCESS, SERVICE INTERRUPTIONS, SYSTEM FAILURES, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the maximum extent permitted by law, we accept no liability for any inaccuracies, omissions, or delays in the content or services we provide. This includes, without limitation, personal injury or property damage, temporary or permanent service unavailability, slow response times, performance degradation, interface bugs, usability issues, API failures, authentication or authorization problems, or exposure of personal or sensitive information. We also disclaim responsibility for malicious code, transmission failures, data loss, loss of saved projects or conversation history, and any business impact arising from the use of our platform or generated code. This includes time or resources spent modifying or debugging generated code, integration challenges, additional development costs, project delays, missed deadlines, or customer dissatisfaction.

We also disclaim liability for AI-generated output that may contain bugs, errors, or security vulnerabilities, fails to meet your specific requirements or expectations, does not achieve your intended business or technical goals, becomes obsolete or incompatible with other systems, causes issues when integrated with other software, or results in data loss or corruption. Furthermore, we are not responsible for AI system limitations, including incorrect or incomplete code generation, misunderstanding of your requirements or prompts, generation of non-optimal or inefficient solutions, inconsistencies in code output quality, or failures to follow best practices or coding standards.

Additionally, we are not responsible for third-party related issues, such as compatibility problems with external services, licensing issues in generated code, security vulnerabilities in recommended dependencies, changes in external APIs, or conflicts with other development tools. We also do not accept responsibility for data-related concerns, including loss of prompt history or generated code, unintended data exposure in generated code, training data biases, incorrect handling of sensitive information, or data privacy or compliance issues. THIS LIST IS NOT EXHAUSTIVE, AND OUR LIMITATION OF LIABILITY EXTENDS TO ALL POSSIBLE ISSUES, WHETHER LISTED HERE OR NOT, ARISING FROM THE USE OF OUR AI-POWERED PLATFORM AND SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY, OR THAT OF OUR SUPPLIERS AND LICENSORS, ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM, SERVICES, AND CONTENT (INCLUDING WARRANTY CLAIMS), REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY, EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM. IF YOU RESIDE IN CALIFORNIA, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE. SOME JURISDICTIONS DO NOT PERMIT LIABILITY LIMITATIONS FOR CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT FULLY APPLY TO YOU.

13. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, subsidiaries, officers, directors, employees, representatives, agents, licensors, service providers, successors, and assigns, from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, awards, losses, costs, expenses, fines, penalties, and reasonable legal fees arising out of or relating to:

  • your use of the Platform, Site, Services, Content, or any Third-Party Services;
  • your breach of these Terms, applicable law, or the rights of any third party;
  • any Input, Customer Data, Content, applications, websites, workflows, automations, or other materials created, uploaded, submitted, generated, published, shared, or distributed by you through the Services;
  • any AI Agent created, configured, deployed, operated, published, shared, licensed, sold, or otherwise made available by you through the Services;
  • any Output or Generated Content relied upon, communicated, distributed, commercialized, published, or used by you or on your behalf;
  • any Automated Actions initiated, authorized, configured, approved, or enabled through your account, including actions performed by AI Agents on your behalf;
  • any failure to properly supervise, review, monitor, or control the activities, outputs, communications, or actions of AI Agents associated with your account;
  • any claim that an AI Agent, Output, Customer Data, application, website, workflow, or other material created, uploaded, or distributed by you infringes, misappropriates, violates, or otherwise interferes with the intellectual property, privacy, publicity, contractual, regulatory, or other rights of any person or entity;
  • your participation in any marketplace, directory, repository, exchange, or distribution channel for AI Agents made available through the Services, including any dispute between you and another user relating to an AI Agent;
  • your failure to disclose the artificial nature of an AI Agent where required by applicable law, regulation, industry standard, or these Terms; and
  • any negligent, fraudulent, deceptive, unlawful, or unauthorized acts or omissions committed by you or any AI Agent operating under your account.

The foregoing indemnification obligations shall apply regardless of whether the relevant claim is brought by a user, customer, business partner, regulator, governmental authority, intellectual property owner, data subject, or any other third party.

14. Dispute resolution

14.1 Informal Dispute Resolution

If a dispute arises between you and us, you agree to first contact us in writing, referencing this section and describing the dispute in sufficient detail to allow meaningful discussions ("Dispute Notice"). You agree to make a good-faith effort to resolve the dispute within at least thirty days from the receipt of the Dispute Notice, or a longer period if mutually agreed upon.

14.2 Agreement to Arbitrate

If the dispute remains unresolved after the informal process, it will be referred to binding arbitration, conducted in the British Virgin Islands, in English, and governed by the BVI IAC Arbitration Rules (the "Rules") of the BVI International Arbitration Centre for Dispute Resolution (the "BVI IAC"). You and we will try to agree on an arbitrator; if no agreement is reached within 21 days, the BVI IAC will appoint one. This arbitration agreement applies to both parties, but does not govern disputes initiated by us for intellectual property infringement or prevent you from utilizing small claims court where applicable.

The arbitrator's decision will be final and binding. The parties waive the right to appeal or challenge the decision in any jurisdiction. If needed, the judgment may be entered in any court with competent jurisdiction. This arbitration clause prevents any party from initiating or continuing a dispute in court, though we retain the right to seek an injunction to enforce this agreement or prevent breaches. The laws of the British Virgin Islands govern this arbitration agreement, which survives termination of these Terms.

To initiate arbitration, you must send a letter requesting arbitration and describing your claim to the contact details in Clause 16 below or use the support options made available through the Services. Each party will bear its own filing and administrative fees. The arbitrator will have exclusive authority to resolve disputes about the interpretation or enforceability of this arbitration agreement, except for challenges to the "Class Action Waiver" section, which may only be determined by a court.

Any claims must be brought individually, not as part of a class action or other representative proceeding. Both parties waive any ability to maintain a class action in any forum. The arbitrator cannot combine or aggregate claims or award any remedies to parties not involved in the arbitration. If any part of this waiver is found unenforceable, a court of competent jurisdiction will make that determination, not the arbitrator. Both parties acknowledge they are waiving the right to litigate in court, have a judge or jury decide the case, or participate in a class action. If a claim proceeds in court rather than arbitration, both you and we waive the right to a jury trial.

15. Miscellaneous Provisions

  • Severability. If any term or provision of these Terms is deemed invalid or unenforceable, it will be severed, and the remaining provisions will remain valid and enforceable.
  • Waiver. Failure or delay by us to exercise or enforce any of our rights under these Terms does not constitute a waiver of those rights.
  • Assignability. These Terms are personal to you and cannot be assigned, transferred, or sublicensed without our prior written consent.
  • Notices. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognised overnight delivery service.

16. Contact Us

If you have any questions or complaints about our Services or these Terms, please email us at support@chatandbuild.com (for ChatAndBuild), support@chatchat.com (for ChatChat), support@livingbrain.com (for Living Brain) or use the support options made available through the Services.