Evaluation Terms of Service
1. Important Terms
1.1. These evaluation terms of service are between Hey Archie Inc (“Archie”) and You (“You”) and govern Your use of the Basic Service of the Archie Platform. If You are using the Archie Platform on behalf of another entity (such as your employer), You must have the authority to accept these Terms on their behalf.
1.2. By using the Archie Platform, You are agreeing to these evaluation terms of service, our Acceptable Use Policy and our Service Terms, which are collectively referred to as our “Terms” and are enforceable like any written contract.
1.3. Archie may update the Terms by posting updated Terms on our website. All changes become effective when posted. Such changes are not retroactive, but Your continued use of the Archie Platform after any such changes means You agree to such changes. Notwithstanding the above, in no event may Archie alter the Terms in a way that meaningfully detracts from its obligations with respect to Confidential Information, Customer Data, or Customer Content as agreed to in this Agreement without express written authorization from You.
1.4. The Archie Platform is a research tool, and its Output is not tax, or professional advice. The Output of Archie is AI-generated and may contain errors, misstatements, or omissions.
2. Definitions
The definitions in Section 11 (Defined Terms) apply to these Terms. All terms in quotation marks in the body of these Terms are also defined terms.
3. Usage
3.1. You may access, and we grant You the non-exclusive right to use, the Basic Service of the Archie Platform. Access credentials are specific to the user to whom they are issued and may not be shared, including within the same organization.
3.2. You will take reasonable steps to prevent unauthorized use of the Service and notify us promptly if You learn of any material unauthorized usage.
3.3. Your usage of the Archie Platform is governed by the Terms. You will generally interact with the Archie Platform by providing Input to the Service and receiving Output from the Service.
3.4. You may not:
- Use the Archie Platform in a way that infringes, misappropriates, or violates any person’s rights;
- Access or use the Archie Platform from within any Embargoed Countries;
- Attempt to reverse engineer or discover the source code or engineering of the underlying model and systems of the Archie Platform or its subcontractors;
- Attempt automated means to scrape content or Output from the Archie Platform.
3.5. To the extent You provide us with any Feedback, we may freely use and incorporate it into our products and services. Archie will not use Feedback in a way that identifies You or Your Confidential Information.
3.6. Any third-party software, services, or products You use in connection with the Archie Platform (e.g., Your internet browser) are subject to their own terms, and Archie is not responsible for such third-party products.
4. Content
4.1. You may provide Input to the Archie Platform and receive Output from the Archie Platform. As between the parties, You own Your Output subject to Your compliance with the Terms.
4.2. You may provide Input that is similar or identical to third-party users’ Input or may receive Output that is similar or identical to Output provided to other third-party users. Queries requested by other users and responses provided to them are not Your Content.
4.3. Archie may collect and use Usage Data to develop, improve, support, and operate its Services. Usage Data that includes Your Confidential Information will not be shared with a third party except (a) in accordance with Section 10.5 (Confidentiality) or (b) in an aggregated and anonymized form.
5. Customer Data
5.1. To utilize certain features, You may be required to upload documents (“Customer Data”) into the Archie Platform for the purpose of enabling certain features.
5.2. As between the parties, You retain all right, title, and interest (including any and all intellectual property rights) in and to the Customer Data. You grant Archie and its Affiliates a non-exclusive, worldwide, royalty-free right to process the Customer Data and Your Input to the extent necessary to provide the Service to You, to prevent or address service or technical problems with the Service, or as required by law.
5.3. Your use of the Service and all Customer Data will comply with applicable laws, government regulations, and other legal requirements, including data localization or data sovereignty laws. You are responsible for the accuracy, content, and legality of all Customer Data.
6. Fees and Payments
If You are utilizing the Archie Platform via an authorized free trial, You agree that You will do so in good faith and in accordance with these Terms. If we believe You are not using the free trial in good faith, we may terminate Your access to the Service immediately. We reserve the right to limit the resources and features available to free trial users.
7. Term and Termination
7.1. These Terms take effect when You first use the Archie Platform and remain in effect until terminated. You may terminate these Terms at any time by discontinuing the use of the Service. We may similarly terminate upon notice at any time.
7.2. Upon termination, You will stop using the Archie Platform and destroy any Confidential Information if instructed by us. Sections of these Terms customarily surviving termination (e.g., confidentiality, liability, unpaid fees) will remain in effect.
8. Warranty and Disclaimer
8.1. You warrant that You have the necessary rights in Your Customer Data and Input to use it with the Archie Platform and that Your use of the Service will comply with all applicable laws and regulations.
8.2. The Archie Platform is provided on an as-is and as-available basis. Archie makes no representations or warranties of any kind, implied or expressed, including those of merchantability, title, non-infringement, or fitness for a particular purpose. Archie does not guarantee that the Service will be uninterrupted or error-free.
9. Limitations of Liability
9.1. Neither party will be liable to the other for indirect, incidental, special, or consequential damages, including lost income or data.
9.2. Total liability for claims related to these Terms will not exceed $1,000 (the “Liability Cap”).
10. General Terms
10.1. Assignment: Neither party may assign these Terms without written consent, except Archie may assign them to an Affiliate or successor entity.
10.2. Confidentiality: Each party will protect Confidential Information using reasonable care.
10.3. Force Majeure: Neither party is liable for delays caused by events outside their control.
10.4. Governing Law: These Terms are governed by the laws of California.
11. Defined Terms
11.1. Acceptable Use Policy means Archie’s policy governing the use of its service as located at https://heyarchie.ai/legal.
11.2. Affiliate means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity where “control,” for the purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests in the subject entity.
11.3. Basic Service is the basic functionality of the Archie Platform made available to You as part of these Evaluation Terms in which users provide Input and receive Output.
11.4. Confidential Information means all information that is identified as confidential at the time of disclosure by the Disclosing Party or reasonably should be known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Content specific to You and Customer Data are Confidential Information.
11.5. Content means Input and Output collectively.
11.6. Archie means Hey Archie Inc, a Delaware corporation.
11.7. Customer Data has the meaning set forth in Section 5.1.
11.8. Disclosing Party has the meaning set forth in Section 10.5.
11.9. Feedback means any suggestions, enhancement requests, recommendations, corrections, or other feedback provided to Archie by You relating to our offerings. Feedback excludes Customer Data and Content.
11.10. Archie Platform means the software-as-a-service offering made available by Archie at https://app.heyarchie.ai.
11.11. Input means the query provided by a user to the Archie Platform.
11.12. Liability Cap has the meaning set forth in Section 9.2.
11.13. Output means the output provided by the Archie Platform to a user in response to such user’s Input.
11.14. Privacy Policy means Archie’s policy governing the privacy provisions related to its Service as located at https://heyarchie.ai/legal.
11.15. Receiving Party has the meaning set forth in Section 10.5.
11.16. Security Addendum means Archie’s addendum governing the security provisions related to its Service included as located at https://heyarchie.ai/legal.
11.17. Service means the Archie Platform.
11.18. Service Terms means the additional terms that govern the use of Preview Features as well as other optional offerings and features of the Archie Platform as located at https://heyarchie.ai/legal.
11.19. Terms has the meaning set forth in Section 1.3.
11.20. Usage Data means information reflecting the access, interaction, or use of the Archie Platform by or on behalf of a Customer, including frequency, duration, volume, features, functions, visit, session, click-through or clickstream data, and statistical or other analysis, information, or data based on, or derivative works of, the foregoing. Other than as strictly required for billing purposes, Usage Data does not include Content, Customer Data, Customer Confidential Information, or any information that identifies or reasonably would permit identification of any Content, Customer Data, or Customer Confidential Information.
11.21. You or Your means either (1) in the case of an individual, the person contracting for the use of the Archie Platform; or (2) in the case of a legal entity, the organization contracting for the use of the Archie Platform.