Terms of Service

Jersey AI Labs / Ask Emmy Terms of Service

Last Updated July 06, 2024

Thank you for using Ask Emmy!

These Terms of Services apply to your use of Ask Emmy services for individuals, along with any associated software applications and websites (all together, “Services”). These Terms form an agreement between you and Jersey AI Labs LLC. (“Ask Emmy”, “we”, “us”, or “our”), a New Jersey company, and they are part of our Terms of Use and important provisions for resolving disputes through arbitration.

1. API

Ask Emmy’s indemnification obligations to API customers under the Agreement include any third party claim that Customer’s use or distribution of Output infringes a third party’s intellectual property right. This indemnity does not apply where:

Customer or Customer’s End Users knew or should have known the Output was infringing or likely to infringe,
Customer or Customer’s End Users disabled, ignored, or did not use any relevant citation, filtering or safety features or restrictions provided by Ask Emmy
Output was modified, transformed, or used in combination with products or services not provided by or on behalf of Ask Emmy
Customer or its End Users did not have the right to use the Input or fine-tuning files to generate the allegedly infringing Output
the claim alleges violation of trademark or related rights based on Customer’s or its End Users’ use of Output in trade or commerce, and
the allegedly infringing Output is from content from a Third Party Offering.

2. Beta Services

This section governs your use of services or features that Ask Emmy offers on an alpha, preview, early access, or beta basis (“Beta Services”). Beta Services are offered “as-is” to allow testing and evaluation and are excluded from any indemnification obligations Ask Emmy may have to you.

Ask Emmy makes no representations or warranties for Beta Services, including any warranty that Beta Services will be generally available, uninterrupted or error-free, or that Content will be secure or not lost or damaged. Except to the extent prohibited by law, Ask Emmy expressly disclaims all warranties for Beta Services, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.

3. Team Account

Administrators: Ask Emmy Accounts with Team management capability are managed by End Users with administrative privileges (“Administrators”). Administrators may be able to add, remove and suspend End Users’ access to the organization’s workspace. In addition, Ask Emmy Account Administrators may be able to (a) access, share and remove Content; and (b) access logging and information about End Users’ use of Ask Emmy. Customers are responsible for obtaining and maintaining all necessary consents from End Users to take the actions above and to allow Ask Emmy to deliver the Services.
Output indemnity: Ask Emmy’s indemnification obligations to Ask Emmy customers under the Agreement include claims that Customer’s use or distribution of Output infringes a third party’s intellectual property right. This indemnity does not apply where: (i) Customer or Customer’s End Users knew or should have known the Output was infringing or likely to infringe, (ii) Customer or Customer’s End Users disabled, ignored, or did not use any relevant citation, filtering or safety features or restrictions provided by Ask Emmy, (iii) Output was modified, transformed, or used in combination with products or services not provided by or on behalf of Ask Emmy, (iv) Customer or its End Users did not have the right to use the Input or fine-tuning files to generate the allegedly infringing Output, (v) the claim alleges violation of trademark or related rights based on Customer’s or its End Users’ use of Output in trade or commerce, and (vi) the allegedly infringing Output is from content from a Third Party Offering.

4. Code Generation

Output generated by code generation features of our Services, including SEO modules may be subject to third party licenses, including, without limitation, open source licenses.

5. GPTs & Templates

Users can create and share access to their own customized versions of Ask Emmy Chat or Text modules called Templates or Custom GPTs (collectively GPTs.)

For Builders of Template or GPTs:

GPT Content: The information or content that you upload to or include with your GPT (for example your GPT name, instructions, and description) (“GPT Content”) is your Content. As between you and Ask Emmy, you are solely responsible for your GPT Content, Actions, and configurations that you use or enable to create your GPT as well as any Output that is based on your GPT Content, Actions, and configurations. You must ensure your GPT complies with the Agreement and our Usage Policies.
Distribution and Promotion of GPTs: By sharing your GPT with others, you grant a nonexclusive, worldwide, irrevocable, royalty-free license: (i) to Ask Emmy to use, test, store, copy, translate, display, modify, distribute, promote, and otherwise make available to other users all or any part of your GPT (including GPT Content); and (ii) to the extent Output from your GPT includes your GPT Content, to users of your GPT to use, store, copy, display, distribute, prepare derivative works of and otherwise use your GPT Content. You will ensure that all information that you publish about your GPT is, at all times, complete, accurate, and not misleading.
Actions: Any API, website, or service that interacts with a GPT (an “Action”) is subject to our Plugins and Actions Terms and you are responsible for ensuring that any Action included with your GPT operates in compliance with those terms.
Removal: We may reject or remove any GPT from our Services at any time for any reason without notice to you, such as for legal or security reasons or if your GPT violates our Terms.

For Users of GPTs:

Third Party GPTs: Except where Ask Emmy is identified as the builder of a GPT, GPTs are created by other users and they may rely on content or third party applications that are not controlled by Ask Emmy. Use of “GPT” in the name of a GPT created by other users does not imply that Ask Emmy created, supports or endorses the GPT. Only use GPTs that you know and trust.
Abuse Reporting: You can report GPTs that violate our Usage Policies using our support feature within Ask Emmy.
Actions: GPTs may allow you to interact with Actions. Those Actions are subject to our terms for Plugins and Actions below.
Changes and Removal: Ask Emmy and creators of GPTs can remove GPTs at any time for any reason without prior notice.

6. Image Capabilities

Our models can accept images as part of Inputs to the Service (“Image Capabilities”).

Not for Medical Advice: Image Capabilities are not designed or intended to be used as a medical device or to perform any medical function and should not be used as a substitute for professional medical advice, diagnosis, or treatment, or judgment.
Images with People: You may not use Image Capabilities to assist in identifying a person or to solicit or infer private or sensitive information about a person.

7. Plugins and Actions

Overview:

Plugins and Actions (together “Plugins”) are features in Ask Emmy that allow you to send instructions to and receive information from another application or website (“Application”) while using our Services. Each Plugin is made available by the user itself or the developer of the Application, which is typically a third party not affiliated with Ask Emmy. You may take action on an Application through one or more Plugins. For example, you may enable a plugin for a restaurant reservation website to request a reservation via the Services. You are solely responsible for the actions you take using Plugins. You must manually enable each plugin, which allows the applicable Service to access and use the enabled plugin. Ask Emmy may (but will have no obligation) to review, refuse, or remove Applications from Ask Emmy. However, by using Plugins, you may be exposed to Applications or content that you may find offensive, inappropriate or objectionable. You agree that you use Plugins at your own risk. DO NOT ENABLE A PLUGIN UNLESS YOU KNOW AND TRUST THE UNDERLYING APPLICATION AND HAVE REVIEWED ITS TERMS AND PRIVACY POLICY.

Plugin Operation and Content:

When you enable a plugin, the Services will send applicable portions of your Content and certain information such as your country and state (“Plugin Data”) via the plugin to the Application. By enabling the plugin, you authorize and instruct us to send your Plugin Data to the applicable Application, which will be handled in accordance with its terms. We are not responsible for Plugin Data after it has been provided to an Application other than Applications owned by us. The Plugin will retrieve information and content from the Application, which may be included in Output you receive from the Services. This information and content included in the Output is not owned by you or Ask Emmy, and may be subject to the terms of the Application.

8. Voice Capability

Voice capability is a Ask Emmy feature that allows you to speak to our models and have them speak back (“Voice Output”). Ask Emmy Voice Output is for non-commercial use only and may not be distributed or repackaged as a standalone audio recording or any other sound file. Any rights in Output assigned to you do not include Ask Emmy Voice Output.

a. Inputs and Outputs

You may provide content as input to our Services (“Input”) and may receive content as output from the Services (“Output”, together with the Input, collectively, the “Content”). Inputs may include, without limitation, recordings of your voice, text descriptions, or any other content that you may provide to us through the Services. Your access to and use of the Services, including for the purposes of providing Input to the Services and receiving and using the Output from the Services, is subject to our Prohibited Use Policy. We may enable you to download Output from some (but not all) of the Services; in such cases, you are permitted to use such Output outside of the Services but always subject to these Terms and our Prohibited Use Policy. If you choose to make any of your information publicly available through the Services or otherwise, you do so at your own risk.

b. Voice Models

Some of our Services allow for the creation of a voice model that can be used to generate synthetic audio sounding like your voice or a voice you’re authorized to share with us (a “Voice Model“). To create a Voice Model through our Services, you may be asked to upload audio recordings of your voice as Input to our Services, and Ask Emmy is permitted to use those audio recordings of your voice subject to subsection (d) below. For more information on how we collect, use, share, retain, and destroy your audio recordings, please see the Voice Processing Notice in our Privacy Policy. You may request deletion of Voice Models created with your audio recordings through your account.

c. Rights to your Inputs

Except for the license you grant below, as between you and Ask Emmy, you retain all rights in and to your Input.

d. License to Input

You hereby grant to Ask Emmy a license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and use your Input to provide the Services (including the trust and safety features therein), to improve the Services, and to develop new services and products. For avoidance of doubt, to the extent that your Input includes your voice, the foregoing license allows Ask Emmy to reproduce, modify, publish, create derivative works from, distribute, publicly or otherwise perform, and use your voice, and other indicia of your persona that may be contained therein, to provide and improve the Services, and to develop new services and products. Notwithstanding the foregoing, we will not commercialize your voice on a standalone basis without your permission to do so.

- perpetual and irrevocable (which means this license cannot be withdrawn),
- nonexclusive (which means you can license your Input to others),
- royalty-free and fully paid (which means there are no monetary fees for this license),
- worldwide (which means it’s valid anywhere in the world) and
- sub-licensable, through multiple tiers (which means we can make it available to others)

e. License to Voice Models and Output

To the extent you own or acquire any intellectual property rights in or to any Voice Models or Output, you hereby grant to Ask Emmy a license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and use the Voice Models and Output to provide the Services (including the trust and safety features therein) to you, to improve the Services, and to develop new services and products.

- perpetual and irrevocable (which means this license cannot be withdrawn),
- nonexclusive (which means you can license your Input to others),
- royalty-free and fully paid (which means there are no monetary fees for this license),
- worldwide (which means it’s valid anywhere in the world) and
- sub-licensable, through multiple tiers (which means we can make it available to others)

f. Necessary Rights

You may not provide Input or create Output for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that the Content and Voice Models, and our use of the Content and Voice Models, will not violate any rights of any person or entity, or cause injury to any person or entity.

g. Data Deletion and Opt Out

You may request for us to delete your personal data as required under applicable law. Please see our Privacy Policy for more details. Your Content and Voice Models will no longer be used to improve our Services (including our voice models) once the request has been processed by our team, but does not affect any uses of (or materials resulting from uses of) your Content or Voice Models prior to that date.

h. Moderation

We do not undertake to review all Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any Content. Although we have no obligation to screen, edit, or monitor Content, we may:

delete or remove Content or refuse to post any Content at any time and for any reason with or without notice, including for any violations of applicable law or these Terms;
terminate or suspend your access to all or part of the Services, temporarily or permanently, if the Content is reasonably likely, in our sole determination, to violate applicable law or these Terms;
take any action with respect to the Content that is necessary or appropriate, in Ask Emmy’ sole discretion, to ensure compliance with applicable law and these Terms, or to protect Company’s rights, or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and
as permitted by law, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through the Service