These
terms of service govern your use of our products. References to
our products in this terms of service refer to all of our products
and services, including our apps, websites, and software.
In
addition to these terms, we publish a Privacy
Policy that
describes how we process, collect, use, and protect your
information.
We offer free and paid products and hope you’ll purchase one of our paid products. We don’t sell your data.
Camy products are provided by Lofts Technology Ltd, a UK limited company.
Billing: You
can upgrade your account to access paid features, which would turn
your account into a paid account. When you do that, we’ll
automatically bill you from the date you convert to a paid account
and on each periodic renewal until cancellation. You are
responsible for all applicable taxes, and we’ll charge tax when
required. Some countries have mandatory local laws regarding your
cancellation rights, and this paragraph doesn’t override these
laws.
Refunds: You
may cancel your Camy
paid account at any time.
Refunds are issued if they are required by law.
Downgrades:
Your
paid account will remain in effect until it’s canceled or
terminated under these terms. If you don’t pay for your paid
account on time, we reserve the right to suspend it or reduce your
access to the free version of our products.
Free
trials:
Camy
may offer a free trial membership. If you are using a free trial
membership and cancel it before the end of the trial period, all
your rights to any remaining free trial period will end.
Typically, we will only offer one free trial per
user.
Changes: We
may change the fees in effect but will give you advance notice
before those changes take effect. Any change in prices will apply
to your next billing cycle.
User
Content refers to the text and documents you enter,
upload, and transmit when you use our products.
You own
your User Content; Camy doesn’t own it. To provide our products
to you, we need your permission (in legal language, a license) to
use your User Content.
You grant us a license to your
User Content for the limited purposes of:
Operating, providing, improving, troubleshooting, and debugging our products (for example, your acceptance or rejection of suggestions may help train our suggestion engine);
Protecting our products (for example, to analyze patterns in usage to prevent abuse);
Customizing our products (for example, to create personalized suggestions for you);
Developing new products or features (for example, creating our actions feature)
The
license you give us is only for the above purposes. That means we
will not, for example, sell or license your User Content to
third-party data brokers.
The license you grant us is:
Worldwide (so you can access your User Content from anywhere in the world);
Non-exclusive (meaning you own your User Content and can also license it to other people or companies);
Royalty-free (meaning we don’t pay you for it); and
For as long as intellectual property laws protect your User Content.
The
license you give us allows us to—solely for the purposes
outlined above—store, reproduce, use, publish, and publicly
display (to show your User Content to you), modify, and create
derivative works of (such as providing writing suggestions and
autocorrecting words) your User Content. The license you give us
also permits our service providers to assist us in doing
this.
Camy does not own, control, verify, or
endorse User Content. You are responsible for all of your User
Content. That means you should back up all your User Content and
not do anything illegal or harmful with it (including violate any
intellectual property or trade secret laws).
Some
of our products allow you to download client software. So long as
you comply with these terms, we give you a limited, non-exclusive,
non-transferable, revocable license to use our client software
solely to access the products.
Our products are
protected by copyright, trademark, and other laws. Except for this
limited license, we reserve all right, title, and interest in our
products, trademarks, logos, and other brand features. We welcome
feedback, but you agree that we can use that feedback without
restriction or any obligation to you.
Generated
Content. You may use Camy to submit inputs and receive
generated outputs. When you use Camy, the inputs and outputs are
your User Data. You are responsible for your User Data and will
not use Camy in a way that infringes, violates, or misappropriates
any of our rights or the rights of any third party. You
acknowledge that due to the nature of machine learning and the
technology powering Camy, outputs may not be unique and Camy may
generate the same or similar output for third parties.
Usage
Limits. Depending on your subscription plan, you may have
a limit on your use of Camy. You acknowledge and agree that if you
exceed the usage limit allotted by your subscription plan: (i) you
may be required to purchase additional usage to continue accessing
and using Camy and (ii) Camy may suspend or degrade performance of
the Camy features. You acknowledge that any purchased usage for
Camy is tied to your Camy subscription plan, and account
termination will invalidate any remaining purchased usage.
Usage
Restrictions. You may not use Camy:
To develop foundation or large language models that compete with Camy;
To mislead any third party that any output from Camy was solely human generated;
In a manner that violates these terms, Camy documentation, usage guidelines, or our Acceptable Use Policy.
Limitations
on Use and Responsibilities
Acceptable
Use Policy.
You must comply with our Acceptable
Use Policy when
you use our products.
Keeping
your account information up to date and safe.
You are responsible for safeguarding your password to our
products. Don’t share your account credentials or give others
access to your account. We will use your account email address to
contact you about our products, so you must ensure that your
account information stays current.
Minimum
age requirements.
To use our products, you must be at least 13 if you reside in the
United States and 16 if you reside anywhere else. If the law where
you reside requires that you are older for us to lawfully provide
our products to you without parental consent (including using your
information), you must be that age. You may not use our products
if you don’t meet these age requirements.
We
reserve the right to suspend or terminate your access to our
products with notice to you if:
(a) you have breached
these terms or our Acceptable
Use Policy,
(b)
you use the products in a manner that would cause a real risk of
harm or loss to other Camy
users or us, or
(c) you don’t have a paid account and
haven’t accessed our products for 12 consecutive months.
Before
suspending or terminating your account, we’ll (1) provide you
with reasonable advance notice via the email address associated
with your account so you can try to remedy the activity that
prompted us to contact you and (2) allow you to export your
documents from our products. If you fail to take the steps we ask
of you after such notice, we’ll terminate or suspend your access
to our products.
We won’t provide notice before
termination where we believe that:
(a) you’re in
material breach of these terms or our Acceptable
Use Policy,
(b)
doing so would cause us legal liability or compromise our ability
to provide our products to our other users, or
(c) the law
prohibits us from providing notice.
When this agreement
terminates for any reason, all the sections one would expect to
survive will survive, including, but not limited to, “Warranty
Disclaimers,” “Limitation of Liability,” “Resolving
Disputes,” “Miscellaneous Legal Terms,” “Our Intellectual
Property Rights and License,” and “Paid Accounts.” The
termination of this agreement doesn’t affect any amounts owed
before that termination.
We are continually changing and improving our products, and we may add or remove features or functionality. If we discontinue a product, where reasonably possible we will give you reasonable advance notice and a chance to download your stored User Content.
To
the extent any component of our Software may be offered under
open-source license terms that we make available to you,
see here
for
a list of the open-source software that we use. The provisions of
open-source licenses may expressly override some of these
terms.
Unless the following restrictions are
prohibited by law, you agree not to reverse engineer or decompile
our products, attempt to do so, or assist anyone in doing so. Our
products may update themselves automatically to ensure you’re
using the latest version.
Any links to third-party websites or apps are provided for your convenience only and are subject to the third party’s terms. Camy isn’t responsible or liable for those websites, products, or services.
We sometimes release products and features that we are still testing and evaluating. We will mark these products with the words “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings). If you decide to use them, please remember that they may not be as reliable or as thoroughly tested as our other products. To improve and evaluate these products, we will log and analyze information about how you use and interact with them.
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAMY, ITS
AFFILIATES, AND ITS AND THEIR SUPPLIERS AND DISTRIBUTORS
(COLLECTIVELY, THE “ CAMY ENTITIES”), EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING
OUR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT,
SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW,
USAGE, OR TRADE PRACTICE, OR REGARDING SECURITY, QUIET ENJOYMENT,
RELIABILITY, TIMELINESS, AND PERFORMANCE. YOU AGREE THAT YOUR USE
OF OUR PRODUCTS ARE AT YOUR OWN SOLE RISK AND THAT OUR PRODUCTS
ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,”
“WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE
CAMY ENTITIES DO NOT WARRANT THAT THE OPERATION OF OUR PRODUCTS
WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR
ERROR-FREE. CAMY’S AFFILIATES AND THE CAMY ENTITIES’
SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY
BENEFICIARIES OF THIS SECTION.
THE CAMY ENTITIES DO NOT
MAKE ANY WARRANTY REGARDING THE OUTPUTS THAT MAY BE GENERATED FROM
USE OF CAMY, INCLUDING WITH RESPECT TO THE FACTUAL ACCURACY OF ANY
OUTPUTS OR SUITABILITY FOR YOUR USE CASE. YOU UNDERSTAND AND AGREE
THAT YOUR USE OF ANY CAMY OUTPUTS IS DONE AT YOUR SOLE RISK. DUE
TO THE CURRENT NATURE OF GENERATIVE TECHNOLOGY, YOU SHOULD NOT
RELY ON CAMY AS A SINGLE SOURCE OF FACTUAL INFORMATION. NO
INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM CAMY OR THROUGH CAMY SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.
IN
COUNTRIES WHERE LIABILITY LIMITATIONS ARE ALLOWED, IN NO EVENT
SHALL THE CAMY ENTITIES BE LIABLE WITH RESPECT TO THE PRODUCTS FOR
(I) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES YOU HAVE
ACTUALLY PAID TO THE CAMY ENTITIES DURING THE TWELVE (12) MONTHS
IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY;
(II) ANY LOST PROFITS, LOST OR DAMAGED CONTENT OR OTHER DATA, OR
FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION GOOD FAITH
AND REASONABLE CARE; OR (III) ANY INDIRECT, INCIDENTAL, PUNITIVE,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY
REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN CAMY AND YOU. YOU
UNDERSTAND THAT OUR PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS.
Certain countries and states don’t allow
the limitation of certain damages, so some or all of this
limitation of liability may not apply to you, and you may have
additional rights. In that case, you agree that the Camy Entities’
liability is limited to the maximum extent permissible in your
country of residence.
IF ANY PORTION OF THESE SECTIONS
IS HELD TO BE INVALID, THE INVALIDITY OF SUCH PORTION SHALL NOT
AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THESE TERMS. CAMY
AFFILIATES AND THE CAMY ENTITIES’ SUPPLIERS, LICENSORS, AND
DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS
SECTION.
Let’s
try to sort things out first. Before
filing a claim against Camy
,
you agree to try to resolve the dispute informally by contacting
support@camyapp
.com.
We’ll try to resolve the dispute informally by contacting you
via email. If you and we cannot resolve the dispute informally,
then a party seeking to bring a formal proceeding must first send
to the other, by certified mail, a written Notice of Dispute
(“Notice”). The Notice to Camy
should be sent to 3
9 Netherwoods Road, Oxford, OX3 8H F.
The Notice must (i) describe the nature and basis of the claim or
dispute and (ii) set forth the specific relief sought. If
Camy
and you do not resolve the claim within sixty (60) calendar days
after receiving the Notice, you or Camy
may commence a formal proceeding.
Judicial
forum for disputes. You
and Camy
agree that any judicial proceeding to resolve claims relating to
these terms or our products will be brought in the UK,
subject to the mandatory arbitration provisions below. Both you
and Camy
consent to venue and personal jurisdiction in such courts. If you
reside in a country with laws that give consumers the right to
bring disputes in their local courts (for example, European Union
member states), this paragraph doesn’t affect those
requirements.
IF
YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING
MANDATORY ARBITRATION PROVISIONS:
We
both agree to arbitrate. You
and Camy
agree to resolve any claims relating to these terms or our
products through final and binding arbitration by a single
arbitrator, except as set forth under “Exceptions to agreement
to arbitrate” below. This includes disputes arising out of or
relating to interpretation or application of this “Mandatory
Arbitration Provisions” section, including its enforceability,
revocability, or validity.
Opt-out
of agreement to arbitrate. You
have the right to opt out of these arbitration provisions (and any
future changes to arbitration provisions) by emailing
[email protected]
within
30 days of agreeing to a version of these terms containing
arbitration terms (however, if you agreed to a previous version of
these terms of service that contain an arbitration provision, you
are still bound by those arbitration provisions).
Arbitration
procedures. The
American Arbitration Association (AAA) will administer the
arbitration under its Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes. The
arbitration will be held in San Francisco County, California, or
any other location we agree to. During the arbitration, the amount
of any settlement offer made by Camy
or you shall not be disclosed to the arbitrator until after the
arbitrator determines the amount, if any, to which you or
Camy
is entitled.
Arbitration
fees and incentives. The
AAA rules will govern the payment of all arbitration fees.
Camy
will pay all arbitration fees for individual arbitration for
non-frivolous claims less than $75,000. Camy
will not seek its attorneys’ fees and costs in arbitration
unless the arbitrator determines that your claim is
frivolous.
Exceptions
to agreement to arbitrate. Either
you or Camy
may assert claims, if they qualify, in small claims court in San
Francisco County, California, or any United States county where
you live or work. Either party may bring a lawsuit solely for
injunctive relief to stop unauthorized use or abuse of the
products or intellectual property infringement (for example,
trademark, trade secret, copyright, or patent rights) without
first engaging in arbitration or the informal dispute-resolution
process described above. If the agreement to arbitrate is found
not to apply to you or your claim, you agree to the exclusive
jurisdiction of the state and federal courts in San Francisco
County, California, to resolve your claim.
NO
CLASS ACTIONS. You
may only resolve disputes with us individually. That is, you may
not bring a claim as a plaintiff or a class member in a class,
consolidated, or representative action. Class arbitrations, class
actions, private attorney general actions, and consolidation with
other arbitrations aren’t allowed.
Severability.
If
the “NO CLASS ACTIONS” paragraph is held unenforceable, then
the entirety of this “Mandatory Arbitration Provisions”
section will be deemed void. If you are found to have a
non-waivable right to bring a specific claim or request a specific
form of relief that an arbitrator lacks the authority to redress
or award under this “Mandatory Arbitration Provisions”
section, including public injunctive relief, then only that
particular claim or request may be brought in court, and you and
we agree that litigation of this claim or request will be stayed
pending the resolution of any other claims or requests for relief
in arbitration.
Controlling
Law
California
law will govern these terms except for its conflicts of laws
principles. However, some countries (including those in the
European Union) have laws that require agreements to be governed
by the local laws of the consumer’s country. This paragraph
doesn’t override those laws.
Entire
Agreement
These
terms make up the entire agreement between you and Lofts Technology Ltd,
regarding your use of our products. They supersede any prior
agreements.
Waiver,
Severability, and Assignment
Camy’s
failure to enforce a provision is not a waiver of its right to do
so later. If a provision (other than the “NO CLASS ACTIONS”
paragraph) is unenforceable, the remaining provisions will remain
in full effect, and an enforceable term will be substituted with
the goal of reflecting our intent as closely as possible. You may
not assign any of your rights or obligations under these terms,
and any such attempt will be void. Camy may assign its rights
to any of its affiliates or subsidiaries or any successor in
interest of any business associated with the
products.
Modifications
to These Terms
From
time to time, we may revise these terms to, for example, reflect
changes to the law, new regulations, and changes to our
products.
If an update significantly negatively affects
your use of our products or your legal rights as a user of our
products, we’ll notify you before the update’s effective date
by sending an email to the email address associated with your
account or via an in-product notification. We will give you at
least 30 days after that notice before the update takes
effect.
We may also update these terms in ways
that won’t significantly negatively affect your rights. For
example, we may change the feature or product names or change the
email address you can use to contact us. In those cases, we will
post the change to our website and link to the previous
version.
If you don’t agree to the updates we
make, you must cancel your account before they become effective.
Where required, we’ll offer you a prorated refund based on the
amounts you have prepaid for our products and your account
cancellation date. By using or accessing the products after the
updates come into effect, you agree to be bound by the revised
terms.