Terms of Service

Introduction

These Terms of Service ("Terms") govern your access to and use of currents ai, a service provided by Sparke Data Solutions ("Company", "we", "us", or "our"). currents ai is a service that scrapes news articles and provides newsletters of the content. By using currents ai, you agree to be bound by these Terms.

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, "you" and "your" means you as the user of the Services. If you use the Services on behalf of a company or other entity then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

1. The Services

1.1 Input and Output

As part of the Services, you can input, upload and submit information and other materials ("Input") into our news scraping and summarization engine, and our engine will use artificial intelligence tools and functionalities to generate responses based on your Input ("Output"). Any Input will be deemed "Your Content" under these Terms.

You may not direct the Services to generate any Output in violation of any applicable intellectual property right, contractual restriction or other law. By submitting any Input through the Services, you represent that you have obtained all rights, licenses, consents, permissions, power and/or authority necessary to submit and use (and allow us to use) such Input in connection with the Services.

You may not (i) publish any Output generated by the Services without clearly citing the Services, or (ii) misrepresent the source of any Output or the fact that it was generated by artificial intelligence.

1.2 Eligibility

You must be 13 years of age or older to use the Services. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use the Services if the minor's parent or guardian accepts these Terms on the minor's behalf prior to use of the Services. Children under the age of 13 are not permitted to use the Services.

1.3 Content Accuracy Disclaimer

While we strive to provide accurate and reliable newsletters, currents ai is not responsible for the accuracy, completeness, or reliability of the summarized content. The newsletters are generated using artificial intelligence and may contain errors, omissions, or inaccuracies. Users should always verify information from original sources and not rely solely on the newsletters provided by our service.

1.4 Fair Use and Copyright

currents ai operates under the principle of fair use as defined by copyright law. Our service summarizes news content for the purposes of commentary, criticism, reporting, teaching, scholarship, or research. We respect the intellectual property rights of others and expect our users to do the same. If you believe that our use of any content violates your copyright, please contact us using the procedure outlined in section 5.5.

2. User Accounts and Subscriptions

2.1 Creating and Safeguarding your Account

To use certain of the Services, you need to create an account ("Account"). You agree to provide us with accurate, complete and updated information for your Account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password.

2.2 Paid Services

Certain of our Services are free; however, if you subscribe to any of our paid Services, you agree to pay us the applicable fees and taxes. We reserve the right to change our subscription plans or adjust pricing for the paid Services in any manner and at any time as we may determine in our sole and absolute discretion.

2.3 Subscription Renewals and Cancellations

You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on your subscription page. To avoid future subscription charges, you must cancel your subscription before the subscription period renewal date.

2.4 No Subscription Refunds

Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable and there are no credits for partially used periods.

2.5 Data Retention and Deletion

We retain user content indefinitely unless you request its deletion or terminate your account. Upon account termination, all user content associated with that account will be deleted. Please note that we may retain certain information as required by law or for legitimate business purposes.

2.6 No Subscription Refunds

While we strive to provide uninterrupted service, currents ai does not guarantee 24/7 availability. We may conduct scheduled maintenance or experience unplanned outages. We will make reasonable efforts to notify users of planned downtime. currents ai is not liable for any interruption or discontinuance of any or all functionality of the Services.

2.7 Subscription Changes

We reserve the right to modify our subscription plans or pricing at any time. We will provide notice of any material changes to subscriptions or pricing at least 30 days in advance. If you do not agree with the changes, you may cancel your subscription before the changes take effect. Continued use of the service after the changes take effect constitutes acceptance of the new terms.

3. Privacy

Our use of your personal information is governed by our Privacy Policy.

4. Rights We Grant You

4.1 Right to Use Services

We hereby permit you to use the Services for your personal and commercial use, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services, in each case for the purpose of enabling you to use the Services as permitted by these Terms.

Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that we, in our sole discretion, may elect to take.

4.2 Restrictions On Your Use of the Services

You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

  • duplicate, decompile, reverse engineer, disassemble or decode the Services, or attempt to do any of the same;
  • use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
  • use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
  • access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party's access to or use of the Services or use any device, software or routine that causes the same;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
  • circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
  • use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, "mines," scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
  • introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
  • violate any applicable law or regulation in connection with your access to or use of the Services; or
  • access or use the Services in any way not expressly permitted by these Terms.

4.3 Commercial Use of Generated Content

We permit you to use, reproduce, distribute, and commercialize the newsletters, content, or other outputs generated through our Services, provided that such use does not violate any other terms of this agreement or any applicable laws.

4.4 User Conducts

In addition to the restrictions outlined in section 4.2, you agree not to use the Services:

  • to spread misinformation or disinformation;
  • tor any illegal activities;
  • to harass, abuse, or harm another person;
  • to impersonate or attempt to impersonate currents ai, a currents ai employee, another user, or any other person or entity;
  • to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm currents ai or users of the Services or expose them to liability.

5. Ownership and Content

5.1 Ownership of the Services

The Services, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under applicable intellectual property laws. You agree that Sparke Data Solutions (the "Company"), operating currents ai, and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the right to create derivative works.

5.2 Ownership of Names and Logos

While currents ai and Sparke Data Solutions names, logos, and all related names, logos, product and service names, designs and slogans are not currently trademarked, they remain the property of the Company. You may not use these names, logos, and related elements without the prior written permission of the Company. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

5.3 Ownership of Feedback

We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

5.4 Your Content

In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (collectively with Input, "Your Content"). As between the Company and you, the Company does not claim any ownership in Your Content; provided that, the Company or its affiliates and their respective licensors own and will continue to own the Services and any and all other software or technology that was used to generate any Output.

By using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify Your Content to operate, improve, promote and provide the Services, including to reproduce, transmit, display, publish and distribute Output based on your Input. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations.

To the fullest extent permitted by applicable law, the Company reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.

5.5 Notice of Infringement - DMCA (Copyright) Policy

If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the "DMCA"), by providing the following information in writing:

  • identification of the copyrighted work that is claimed to be infringed;
  • identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;
  • information for our copyright agent to contact you, such as an address, telephone number and email address;
  • a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
  • a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
  • the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

Notices of copyright infringement claims should be sent by mail by email to info@currents-ai.app. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.

6. Third-Party Services and Materials

6.1 Use of Third-Party Materials in the Services

Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third-Party Materials") or provide links to certain third-party websites. Third-Party Materials include the open source software or other third-party software, such as third-party large language models, that are included in the artificial intelligence and machine learning models you access or use through the Services. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.

7. Disclaimers, Limitations of Liability and Indemnification

7.1 Disclaimers

Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the "Company Entities") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

You acknowledge that the Services may generate Output containing incorrect, biased, or incomplete information. The Company shall have no responsibility or liability to you for the infringement of the rights of any third party in your use of any Output. You should not rely on the Services or any Output for advice of any kind, including medical, legal, investment, financial or other professional advice.

THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES, INCLUDING ANY OUTPUT.

7.2 Limitations of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE COMPANY ENTITIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM.

7.3 Indemnification

By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) Your Content; or (e) your negligence or wilful misconduct.

8. Dispute Resolution

8.1 Informal Process First.

You and the Company agree that in the event of any dispute, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond.

8.2 Jurisdiction and Governing Law.

These Terms are governed by the laws of Queensland, Australia, without regard to conflict of laws rules. Any legal action or proceeding relating to your access to, or use of, the Services or these Terms shall be instituted in a state or federal court in Brisbane, Queensland, Australia. You and Sparke Data Solutions agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

9. Additional Provisions

9.1 Updating These Terms.

We may modify these Terms from time to time in which case we will update the "Last Revised" date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by email and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.

9.2 Termination of License and Your Account.

If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of Your Content. The Company shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company's other rights or remedies at law or in equity.

9.3 Injunctive Relief.

You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

9.4 Export Laws.

You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Company hereunder, to any country for which Australia or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval.

9.5 Miscellaneous.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.

10. How to Contact Us

You may contact us regarding the Services or these Terms by email at contact@currents-ai.app.

Last updated: 14/08/2024

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