Platform Trial Terms

1.Introduction to Trial Terms

1.1These platform trial terms of service (the “Trial Terms”) are between you and Glyphe (“we”, “us”, “our”) and govern your use of the Platform and our provision of the Trial Service. By using the Platform, you agree to be bound by these Trial Terms in relation to your use of the Platform.

1.2Glyphe may update the remainder of the Trial Terms by posting updated terms on our website. All changes become effective when posted. You agree to be bound by such updated terms by continuing to use the Platform after any such changes are made. Glyphe will not make any updates to the terms in a manner which meaningfully affects your rights with respect to your Confidential Information or personal information without obtaining your consent.

1.3The Platform is a tool used to assist with research, contract preparation and other tasks. Any Outputs are not considered to be legal advice. Outputs are AI-generated and may contain errors, misstatements or may be incomplete. To the maximum extent permitted by law, we are not responsible for any loss or damage arising out of your use of the Outputs or the Platform.

2.Usage

2.1Subject to the Trial Terms, we grant you a non-exclusive right to use and access the Platform to receive the Trial Service pursuant to the Documentation. Your access credentials to the Platform are specific to you and must not be shared, including within the same organisation. You agree to take reasonable steps to prevent unauthorised use of the Platform.

2.2You agree to avoid: (i) using the Platform in a way that infringes, misappropriates, or violates any person’s rights including by uploading Content you’re not permitted to upload; (ii) attempting to reverse engineer or attempt to discover the source code or engineering of the underlying model and systems of the Platform; (iii) attempting automated means to scrape content or Output from the Platform; or (iv) attempting to generate harmful or illegal Content.

2.3To the extent that you provide us with any Feedback, we may freely use your Feedback for the purpose of improving the design and operation of the Platform and Services. Unless we have your consent to do so, Glyphe will not share Feedback in a way that identifies, or could be used to identify, you. Without limiting the above and subject to you providing your express consent to do so, we may use your name, business logo or Feedback for the purposes of promoting Glyphe including in the form of a testimonial on Glyphe’s website or in other sales and marketing materials.

2.4Any third party software, services, or other products you use in connection with the Platform (for example, your internet browser) are subject to their own terms, and we are not responsible for such third party products.

3.User Content

3.1In the course of receiving the Trial Service, you may provide certain Inputs into the Platform (including documents that you choose to upload to enable certain features on the Platform) and receive Outputs from the Platform. As between the parties, you retain all right, title and interest to your Content and nothing in these Trial Terms is intended to transfer a party’s pre-existing rights subsisting in the Services or Platform to the other party.

3.2You may provide Input that is similar or identical to a third party user’s inputs into the Platform or you may receive Outputs that are similar or identical to outputs received by third party users from the Platform. The content relating to other third party users is not considered your Content, and your Content is limited to the materials that are inputted into and available through your user account.

3.3You grant Glyphe a non-exclusive, worldwide, royalty-free right to process any of your Content to the extent necessary to enable us to provide the Service to you, improve the functionality of the Platform or as may be required to comply with applicable law.

3.4You must ensure that your use of the Platform complies with applicable laws, government regulations and any other legal requirements. You are responsible for the accuracy, content and legality of all your Inputs and you confirm that you have all necessary rights, permissions and consents to upload your Inputs into the Platform.

4.Consideration

We agree to provide you with the Trial Services and grant you access to the Platform on a trial basis free of charge in consideration for your participation in trialling the Platform and providing your Feedback regarding the operation of the Platform and our provision of the Services.

5.Term and Termination

5.1These Trial Terms take effect upon the creation of your user account and remain in effect until your user account is deleted or your access is terminated. You may discontinue your use of the Platform at any time upon providing notice to us and we will assist with deleting your account. We may terminate your access to the Platform and our provision of the Trial Service at any time and for any reason. We reserve the right to limit the resources and features made available through the Platform when receiving the Trial Service.

5.2Upon notifying us of your wish to end the Trial Service, you agree to stop using the Platform and promptly return, or if instructed by us, destroy any Confidential Information. The sections of these Trial Terms that would ordinarily survive after termination will continue in operation including, without limitation, provisions around confidentiality.

5.3Glyphe will securely delete any remaining personal data relating to you or any other data you have provided in the course of your use of the Platform as soon as practicable after your completion of the trial.

6.Warranty and Disclaimer

The Platform and Trial Service is provided on an as-is and as-available basis. Glyphe makes no representations or warranties of any kind, implied or expressed, with respect to the Service including warranties of merchantability, title, non-infringement, or fitness for a particular purpose, which are disclaimed. Glyphe does not represent or warrant that the use of the Platform will be uninterrupted or error-free and does not warrant that any Outputs will be accurate, true or correct.

7.Limitations on Liability

7.1In no event will either party be liable to the other party or any third party for any indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of income, data, profits, revenue, or business interruption, or the cost of substitute services or other economic loss, arising out of or in connection with these Trial Terms, whether such liability arises from any claim based on contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not such party has been advised of the possibility of such loss or damage.

7.2To the maximum extent permitted under applicable law, Glyphe excludes all liability in relation to the provision of the Trial Service and any loss arising out of your use of the Platform, including in relation to your reliance on Outputs in the course of you providing professional services to a third party. You agree to take reasonable steps to verify the accuracy and veracity of any Outputs before using such Outputs when performing your role as a professional services provider to third parties. Nothing in these terms excludes or attempts to exclude any statutory warranties or guarantees that cannot be excluded under applicable law.

8.General Terms

8.1Assignment.Neither party may assign their rights granted under these Trial Terms without the advance written consent of the other party.

8.2Subcontracting.Glyphe may use subcontractors and other third-party providers in connection with the performance of its activities under these Trial Terms as it deems appropriate, provided that it remains responsible for the performance of any such subcontractors or third-party providers.

8.3Severability and Interpretation.If a court of competent jurisdiction holds any provision of these Trial Terms to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that these Trial Terms will otherwise remain in effect.

8.4Confidentiality.Each party (as the “Receiving Party”) will use the same degree of care that it uses to protect the confidentiality of its own confidential information in relation to any Confidential Information of the other party (the “Disclosing Party”). The Receiving Party must not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Trial Terms, except as otherwise authorised by the Disclosing Party in writing, and must limit access to Confidential Information of the Disclosing Party to those of its affiliates, employees and contractors who need that access for purposes consistent with these Trial Terms and are bound by confidentiality obligations not materially less protective than this section. If the Receiving Party is required by applicable law or court order to disclose Confidential Information, then the Receiving Party will, to the extent legally permitted, provide the Disclosing Party with advance written notification and cooperate in any effort to obtain confidential treatment of the Confidential Information. The Receiving Party acknowledges that where disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, the Disclosing Party will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.

8.5Usage Data.Glyphe may collect and use Usage Data to develop, improve, support, and operate the Service and Platform. Glyphe agrees not to share your Usage Data with any third party without express consent to do so unless such Usage Data has been aggregated or anonymised such that you cannot be reasonably identified.

8.6No Training.Glyphe will not train any AI models using your Content or, to the extent within Glyphe’s reasonable control, permit subprocessors to train its AI models using your Content. As at the date of these Trial Terms, the underlying providers of the generative AI models used to provide the Services are not permitted to train their models using any of your Content.

8.7Privacy Policy.Your use of the Platform and upload of Inputs will be subject to our Privacy Policy to the extent not in conflict with these Trial Terms when receiving the Services.

8.8Governing Law.These Terms will be governed by the laws of Victoria, Australia.

8.9Disputes.The parties will in the first instance meet and attempt to resolve in good faith any disputes, claims or controversies that may arise out of or relating to these Trial Terms or its breach. To the extent required, the parties will thereafter resolve any disputes, claims or controversies through mediation.

8.10Notice.All notices must be issued in English and addressed to the parties via email: (i) for Glyphe, notice must be sent to support@glyphe.ai, and (ii) for you, to the email address associated with your user account. Notices will be deemed to be issued on receipt. Either party may change its email address for notices under these Trial Terms by providing the other party written notice in accordance with this section.

8.11No Waiver.No waiver will be implied from conduct or failure to enforce or exercise rights under these Trial Terms, nor will any waiver be effective unless in a writing signed by the waiving party.

8.12Entire Agreement.These Trial Terms constitute the complete and exclusive statement of the mutual understanding of the parties in connection with your use of the Platform and receipt of the Trial Service on a trial basis and supersede and cancel all previous written and oral agreements, understandings, and communications relating to the subject matter in these Trial Terms. Each party represents that, in connection with the Trial Service, it has not relied on any term or representation not contained in these Trial Terms.

8.13Force Majeure.Neither party will be liable to the other for any delay or failure to perform any obligation under these Trial Terms if the delay or failure results from any cause beyond such party’s reasonable control that could not have been prevented through the use of commercially reasonable safeguards, including acts of God, labour disputes, or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, public health emergencies (including pandemics and epidemics), acts or orders of government, acts of terrorism, or war.

9.Defined Terms

9.1“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. Your Content will be considered to be your Confidential Information.

9.2“Content” means Input and Output collectively and as otherwise defined under section 3.

9.3“Documentation” means the technical, user and trial manuals and other documents regarding usage of the Platform as may be made available to you. Glyphe may update the Documentation from time to time.

9.4“Feedback” means any suggestions, enhancement requests, recommendations, corrections, or other feedback provided to Glyphe by you relating to the Platform or Trial Services.

9.5“Input” means any of your user queries, prompts, documents, data or other materials that you upload or input into the Platform when using or accessing the Platform.

9.6“Output” means any outputs, responses, or content generated by the Platform in response to your Inputs.

9.7“Platform” means the Glyphe platform operated through the web-app available at https://app.glyphe.ai, where users interact by providing Inputs for the purposes of receiving Outputs to assist the users’ business activities.

9.8“Privacy Policy” means Glyphe’s policy governing the privacy provisions related to the Service as located at https://glyphe.ai/privacy.

9.9“Service” means the software-as-a-service offering made available by Glyphe through provision of the Platform and any other applications, plug-ins, integrations, or interfaces provided now or in the future by Glyphe. The Service includes all related features, functionalities, and components as described in Glyphe’s Documentation or as otherwise made available by Glyphe from time to time.

9.10“Trial Terms” has the meaning set forth in section 1.1.

9.11“Trial Service” means the trial Service that involves provision of the basic functionality of the Platform used for general legal research purposes made available to you under these Trial Terms, and which does not include features such as custom workflows or third party integrations.

9.12“Usage Data” means information reflecting the access, interaction, or use of the Service by you, including data regarding frequency, duration, volume, features, functions, visit, session, click-through or click-stream data, and statistical or other analysis, information, or data based on your usage of the Platform. Usage Data does not include your Content.