Spotter Labs

Spotter AI Tool Terms and Conditions

These Spotter AI Tool Terms and Conditions (these “Terms”) apply to Your use of any AI Tool (as defined below) made available on the Services. Any capitalized term used but not defined in these Terms have the meaning ascribed in the Spotter Terms of Service. These Terms constitute “Additional Terms” under the Terms of Service and are incorporated therein by this reference. By using any AI Tool, you agree to be bound by these Terms, the Spotter Terms of Service and the Spotter Privacy Policy. To the extent there is a conflict between these Terms and the Spotter Terms of Service, these Terms shall control with respect to your use of any AI Tool.

License; Access to AI Tools. Subject to the terms and conditions of this Agreement, [] (“Spotter AI”) hereby grants You a limited, revocable, royalty-free, non-exclusive, non-transferable, non-assignable, non-sublicensable right to use the machine learning and artificial intelligence-powered tools and any related services and documentation (“AI Tools”) made available to You via the Sites. In order to access any AI Tool, You may be required to register for an account on the Sites. You represent and warrant that all information provided by You in connection therewith is accurate and complete. You shall not make Your access credentials or account available to any third party, and You are responsible for all activities that occur using Your credentials.
Content.
1. User Content. You may provide input to the AI Tools (“Input”), and receive output generated and returned by the AI Tools based on the Input (“Output”). Input and Output are collectively “Content.” As between You and Spotter AI, and to the extent permitted by applicable law, You own all Input and Output. Subject to Your compliance with these Terms, Spotter AI hereby assigns to You all of its right, title and interest in and to Output, provided that Spotter AI may use Content to provide, maintain and enhance the AI Tools and any other products and services offered by Spotter AI or its affiliates and to comply with applicable law, and enforce Spotter AI’s policies. You are solely responsible and liable for all Content and Your exploitation thereof. You represent and warrant that You have obtained all necessary rights, licenses, consents and permissions necessary to provide the Input and enable Spotter AI to process the same and generate Output via the AI Tools, and that such provision, processing and generation will not misappropriate or infringe the rights of any third party or violate any applicable law.
2. Similarity of Content. Due to the nature of machine learning, Output may not be unique across users and the AI Tools may generate the same or similar output for Spotter AI or a third party. Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users shall not be deemed Your Content for any purpose, regardless of the fact that such responses may be the same as or similar to the Output received by You.
3. Accuracy. You acknowledge that, by using the AI Tools, You are interacting with artificial intelligence. Given the probabilistic nature of machine learning, use of the AI Tools in some situations may result in incorrect Output that does not accurately reflect real people, places, or facts. You are solely responsible for evaluating the Output, including the accuracy thereof, including by using human review of the Output.
Restrictions. You shall at all times exercise reasonable care in using the AI Tools, and shall use the AI Tools in strict accordance with (a) this Agreement, (i) any usage policies made available by Spotter AI, including those set forth in Section 5 below (“Usage Policies”) and (ii) Spotter’s Terms of Service and Privacy Policy, (b) Spotter AI’s instructions, and (c) all applicable laws. Without limiting the foregoing, You agree that You shall not (and shall not permit any third party to): (i) copy, modify, translate, adapt or create or attempt to create derivative works from, the AI Tools; (ii) reproduce, reverse engineer, distribute, sell, publish, commercially exploit, rent, lease, sublicense, assign, or otherwise transfer or make available the AI Tools or any part thereof to any third party, or otherwise disseminate the AI Tools in any manner; (iii) decompile or disassemble the AI Tools or part thereof, or attempt to derive source code from the AI Tools or underlying components of models, algorithms, and systems of the AI Tools (except to the extent such restrictions are contrary to applicable law); (iv) remove any proprietary notices, labels, or marks on the AI Tools or any part thereof; (v) use the AI Tools to provide outsourcing, service bureau, time sharing, rental or any other services to any third party; (vi) use the AI Tools in a way that infringes, misappropriates or violates any person’s or entity’s rights; (vii) use Output to develop models that compete with the AI Tools or any component thereof; (viii) except as permitted through the AI Tools, if any, use any automated or programmatic method to extract data or Output, including scraping, web harvesting, or web data extraction; and/or (ix) represent that Output was human-generated when it is not. Spotter AI reserves all rights to the AI Tools not expressly granted herein. You agree to abide by the copyright laws of the United States and all other relevant jurisdictions, including without limitation, the copyright laws where You use the AI Tools. You agree to immediately cease using the AI Tools if such use fails to comply with this paragraph or any other provision of these Terms.
Ownership and Proprietary Rights. The AI Tools are solely owned by Spotter AI and all right, title, and interest in and to the AI Tools remains vested in Spotter AI. These Terms do not grant You any express or implied rights under any Spotter AI patents, copyrights, trademarks, or other intellectual property rights. All rights not expressly granted to You hereunder are reserved for Spotter AI.
Usage Policies.
1. Use of the AI Tools is not permitted for the following:
  1. Illegal activity
    - Spotter AI prohibits the use of our models, tools, and services for illegal activity.
  2. Child Sexual Abuse Material or any content that exploits or harms children
    - We report CSAM to the National Center for Missing and Exploited Children.
  3. Generation of hateful, harassing, or violent content
    - Content that expresses, incites, or promotes hate based on identity
    - Content that intends to harass, threaten, or bully an individual
    - Content that promotes or glorifies violence or celebrates the suffering or humiliation of others
  4. Generation of malware
    - Content that attempts to generate code that is designed to disrupt, damage, or gain unauthorized access to a computer system.
  5. Activity that has high risk of physical harm, including:
    - Weapons development
    - Military and warfare
    - Management or operation of critical infrastructure in energy, transportation, and water
    - Content that promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders
  6. Activity that has high risk of economic harm, including:
    - Multi-level marketing
    - Gambling
    - Payday lending
    - Automated determinations of eligibility for credit, employment, educational institutions, or public assistance services
  7. Fraudulent or deceptive activity, including:
    - Scams
    - Coordinated inauthentic behavior
    - Plagiarism
    - Academic dishonesty
    - Astroturfing, such as fake grassroots support or fake review generation
    - Disinformation
    - Spam
    - Pseudo-pharmaceuticals
  8. Adult content, adult industries, and dating apps, including:
    - Content meant to arouse sexual excitement, such as the description of sexual activity, or that promotes sexual services (excluding sex education and wellness)
    - Erotic chat
    - Pornography
  9. Political campaigning or lobbying, by:
    - Generating high volumes of campaign materials
    - Generating campaign materials personalized to or targeted at specific demographics
    - Building conversational or interactive systems such as chatbots that provide information about campaigns or engage in political advocacy or lobbying
    - Building products for political campaigning or lobbying purposes
  10. Activity that violates people’s privacy, including:
    - Tracking or monitoring an individual without their consent
    - Facial recognition of private individuals
    - Classifying individuals based on protected characteristics
    - Using biometrics for identification or assessment
    - Unlawful collection or disclosure of personal identifiable information or educational, financial, or other protected records
  11. Engaging in the unauthorized practice of law, or offering tailored legal advice without a qualified person reviewing the information
    - Spotter AI’s models are not fine-tuned to provide legal advice. You should not rely on our models as a sole source of legal advice.
  12. Offering tailored financial advice without a qualified person reviewing the information
    - Spotter AI’s models are not fine-tuned to provide financial advice. You should not rely on our models as a sole source of financial advice.
  13. Telling someone that they have or do not have a certain health condition, or providing instructions on how to cure or treat a health condition
    - Spotter AI’s models are not fine-tuned to provide medical information. You should never use our models to provide diagnostic or treatment services for serious medical conditions.
    - Spotter AI’s platforms should not be used to triage or manage life-threatening issues that need immediate attention.
  14. Using Output to develop any artificial intelligence models.
  15. High risk government decision-making, including:
    - Law enforcement and criminal justice
    - Migration and asylum
2. In addition, if You use any Output in any livestream, demonstration, or research, including posting Your own prompts or completions to social media, livestreaming Your usage or demonstrating the AI Tools to groups of people, You must:
  - Manually review each generation before sharing or while streaming;
  - Attribute the content to Your name or Your company;
  - Indicate that the content is AI-generated in a way no viewer could reasonably miss or misunderstand;
  - Not share content that violates any of the terms of these Usage Policies or that may offend others;
  - If taking audience requests for prompts, use good judgment; do not input prompts that might result in violations of the terms of these Usage Policies; and
  - Recall that you are interacting with the raw model, which means we do not filter out biased or negative responses.
Third Party Services. Any third-party software, services, or other products used in connection with the AI Tools are subject to their own terms, and Spotter AI is not responsible for third party products. Without limiting the foregoing, the AI Tools may integrate with one or more YouTube API(s). By using the AI Tools, you acknowledge and agree to comply with and be bound by the YouTube Terms of Service located at https://www.youtube.com/t/terms.
Warranty Disclaimer. YOU ACKNOWLEDGE THAT YOUR USE OF THE AI TOOLS (INCLUDING ANY DATA OR INFORMATION OBTAINED VIA OR OTHERWISE RESULTING FROM YOUR USE THEREOF) IS AT YOUR OWN RISK, AND THAT SPOTTER AI HAS NO OBLIGATION TO MONITOR, DILIGENCE, LIMIT OR FILTER THE AI TOOLS OR THE INPUT OR OUTPUT THEREOF (AND/OR THE SOURCES OF DATA UPON WHICH THE LATTER IS BASED). THE AI TOOLS ARE PROVIDED SOLELY ON AN “AS-IS” AND “AS AVAILABLE” BASIS. SPOTTER AI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AI TOOLS AND/OR THE CONTENT, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT. SPOTTER AI DOES NOT WARRANT THAT THE AI TOOLS WILL BE OPERABLE OR THAT YOUR USE OF THE AI TOOLS WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE AI TOOLS WILL PERFORM AS DESCRIBED OR FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT. SPOTTER AI DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE DATA OR INFORMATION OBTAINED VIA OR OTHERWISE RESULTING FROM YOUR USE OF THE AI TOOLS WILL BE ACCURATE, COMPLETE, TIMELY, ERROR-FREE, NON-INFRINGING OR OTHERWISE MEET YOUR REQUIREMENTS OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. WITHOUT LIMITING THE FOREGOING, SPOTTER AI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE OUTPUT, INCLUDING AS IT RELATES TO THE PROTECTABILITY OR ENFORCEABILITY, OR LACK THEREOF, OF THE OUTPUT UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY LAWS. ALL SUCH RISKS ARE, AS BETWEEN SPOTTER AI AND YOU, TO BE BORNE SOLELY BY YOU.
Limitation of Liability. Spotter AI does not assume and shall have no liability under these Terms for (i) failure to make the AI Tools available within a specified time period; (ii) availability and delays in availability of the AI Tools, (iii) any failure or interruption of the AI Tools, or (iv) damage caused by the AI Tools and/or the use of the Content and/or data upon which such Content is based or derived from, (v) maintenance and storage of data; (vi) disclosure of or failure to protect personally identifiable data; (vii) damage to Your business related to the AI Tools and/or Output, including, without limitation, demonetization to any channel, offering, service, page or account that You control on any platform, including platforms owned and/or operated by any third party, or any reduction of revenue in connection therewith. IN NO EVENT SHALL SPOTTER AI BE LIABLE FOR ANY INCIDENTAL, INDIRECT, DIRECT, SPECIAL, REMOTE, PUNITIVE OR CONSEQUENTIAL DAMAGES NOR FOR LOSS OF REVENUE OR ACTUAL OR PROSPECTIVE PROFITS, SALES, BUSINESS ADVANTAGE, OR GOODWILL, OR ATTORNEY'S FEES, PERSONAL INJURIES OR PROPERTY DAMAGES SUSTAINED BY YOU OR ANY THIRD PARTIES IN CONNECTION WITH THE AI TOOLS AND/OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY LOSS OR DAMAGE RESULTING FROM ANY INTERRUPTION CAUSED BY THE AI TOOLS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SPOTTER AI’S TOTAL LIABILITY FOR DAMAGES TO YOU EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification. You will indemnify and hold Spotter AI and its affiliates harmless from any and all liability, expense, judgment, suit, cause of action, or demand arising from or relating to (a) Your (or Your contractors’, agents’ or employees’) use of the AI Tools, including the Content and/or the accessing of the data and/or information upon which such Content is based and/or derivative of, and/or any products, services or materials You develop or offer in connection with the AI Tools, or that incorporates the Content, including, without limitation, any claim that the Content (or any element thereof) infringes any third party’s intellectual property or other rights, and/or (b) Your breach of this Agreement, gross negligence, intentional misconduct or violation of applicable law. Spotter AI shall control the defense of and/or settlement of any such claim upon terms and conditions determined in its sole discretion, and You shall cooperate with and provide reasonable assistance to Spotter AI in connection therewith.
Regulatory Requirements. You are solely responsible for complying with any and all statutory or regulatory requirements associated with use of the AI Tools, including requirements triggered by voice and data transmission. Any changes to the design, installation, support, or other obligations required to achieve regulatory compliance, including but not limited to FCC or ADA requirements, may impact the price of AI Tools. Further, Spotter AI makes no commitment to collect, hold, manage, or maintain data for evidentiary or recovery purposes.
Equitable Remedies. You acknowledge that any breach of these Terms may cause irreparable harm to Spotter AI and its affiliates, and agree that Spotter AI shall have the right to seek injunctive or other equitable relief against You in addition to any other legal remedies. You hereby waive any right to seek injunctive or other equitable relief of any kind against Spotter AI or its affiliates relating to the use of the AI Tools.
Changes to these Terms. From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Site or Services, you are agreeing to the revised Terms. Please print a copy of these Terms for you records and PLEASE check the Site frequently for any changes to these Terms.