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Terms of Service

Effective April 1st, 2024

Welcome to Questmind.io! Before you access our services, please read these Terms of Service.

These Terms of Service ("Terms") govern your use of Questmind.io's AI-driven learning experiences, including our interactive AI interactions, gamified learning solutions, and other products and services that we may offer for individuals (collectively, our "Services"). These Terms are a contract between you and Questmind.io, and they include our Acceptable Use Policy. By accessing our Services, you agree to these Terms.

Please read our Privacy Policy, which describes how we collect and use personal information.

Please note: If you are acting on behalf of an organization, company, or other entity, our Commercial Terms of Service govern your use of Questmind.io's offerings that reference the Commercial Terms of Service.

1. Who we are

Questmind.io is dedicated to revolutionizing business intelligence and decision-making through advanced AI-driven solutions. Our mission is to empower organizations with cutting-edge language models and cognitive capabilities, making complex problem-solving more efficient and insightful for professionals across various industries. By leveraging our unique Cognitive Mode and advanced prompt engineering, we aim to design AI solutions that bridge the gap between raw data and actionable intelligence.

We are committed to pioneering the future of AI-human collaboration in the workplace. Our platform offers a unified interface for interacting with multiple AI models, including both proprietary and open-source options, allowing businesses to harness the full potential of artificial intelligence. We aspire to lead in creating transparent and explainable AI experiences that transform how knowledge is processed, analyzed, and applied in professional settings.

Our vision is a world where AI seamlessly integrates into daily business operations, enhancing productivity and decision-making processes. Through our Query+ technology for efficient document analysis, specialized coding tutors, and advanced analytics tools, we're enabling organizations to tackle complex challenges with unprecedented clarity and efficiency. At Questmind.io, we're not just using AI; we're reshaping how businesses interact with and benefit from artificial intelligence in ways that were previously unimaginable.

2. Account creation and access

Minimum age. You must be at least 18 years old or the minimum age required to consent to use the Services in your location, whichever is higher.

Your Questmind.io Account. To access our Services, you need to create an Account at app.questmind.io. You agree to provide correct, current, and complete Account information and allow us to use it to communicate with you about our Services. Our communications to you using your Account information will satisfy any requirements for legal notices.

You may not share your Account login information or Account credentials with anyone else. You also may not make your Account available to anyone else. You are responsible for all activity occurring under your Account, and you agree to notify us immediately if you become aware of any unauthorized access to your Account by sending an email to journey@questmind.io.

You may close your Account at any time by contacting us at journey@questmind.io.

Educational and Business Accounts. If you use an email address owned by an educational institution, employer, or another organization, your Account may be linked to the organization's Questmind.io enterprise account. In such cases, the organization's administrator may be able to monitor and control the Account, including having access to your learning progress and materials (collectively, "Materials"). We will provide notice to you before your Account is linked to an organization's enterprise account, unless the organization has already provided notice to you that it may monitor and control your Account.

Evaluation and Additional Services. In some cases, we may permit you to evaluate our Services for a limited time or with limited functionality. Use of our Services for evaluation purposes is for your personal, non-commercial use only.

You may need to accept additional terms to use certain Services. These additional terms will supplement our Terms for those Services and may change your rights or obligations for those Services, including your obligations to pay fees.

3. Use of our Services.

You may access and use our Services only in compliance with our Terms, our Acceptable Use Policy, and any guidelines or supplemental terms we may post on the Services (the "Permitted Use").

You may not access or use, or help another person to access or use, our Services in the following ways:

  1. In any manner that violates any applicable law or regulation—including, without limitation, any laws about exporting data or software to and from the European Union or other countries.
  2. To develop any products or services that compete with our Services, including to develop or train any artificial intelligence or machine learning algorithms or models.
  3. To decompile, reverse engineer, disassemble, or otherwise reduce our Services to human-readable form, except when these restrictions are prohibited by applicable law.
  4. To crawl, scrape, or otherwise harvest data or information from our Services other than as permitted under these Terms.
  5. To use our Services or Materials to obtain unauthorized access to any system or information, or to deceive any person.
  6. To infringe, misappropriate, or violate intellectual property or other legal rights (including the rights of publicity or privacy).
  7. To access the Services through automated or non-human means, whether through a bot, script, or otherwise, except where we explicitly permit it.
  8. To engage in any other conduct that restricts or inhibits any person from using or enjoying our Services, or that we reasonably believe exposes us—or any of our users, affiliates, or any other third party—to any liability, damages, or detriment of any type, including reputational harms.
  9. To use our Services in a way that undermines the integrity of our AI models or the learning experiences we provide, such as by attempting to manipulate or deceive our AI systems or by providing false or misleading information.
  10. To use our Services to generate, share, or promote content that is harmful, offensive, or inappropriate for an educational context, including but not limited to content that is violent, sexually explicit, discriminatory, or illegal.

You also must not abuse, harm, interfere with, or disrupt our Services, including, for example, introducing viruses or malware, spamming or DDoSing Services, or bypassing any of our systems or protective measures.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these Terms, including without limitation, removing the offending content, suspending or terminating the account of such violators, and reporting them to law enforcement authorities.

4. Inputs, Outputs, and Materials.

When using our Services, you may be allowed to submit text, documents, or other materials for processing (we call these "Inputs"). Our Services may generate responses based on your Inputs (we call these "Outputs"). Inputs and Outputs collectively are "Materials."

Personal information. You acknowledge that our Privacy Policy governs our use and processing of any personal information you submit to us in connection with your use of the Services, whether as a part of your Inputs or otherwise.

Rights to Materials. You are responsible for all Inputs you submit to our Services. By submitting Inputs to our Services, you represent and warrant that you have all rights, licenses, and permissions that are necessary for us to process the Inputs under our Terms. You also represent and warrant that your submitting Inputs to us will not violate our Terms, our Acceptable Use Policy, or any laws or regulations applicable to those Inputs. As between you and Questmind.io, and to the extent permitted by applicable law, you retain any right, title, and interest that you have in the Inputs you submit. Subject to your compliance with our Terms, we assign to you all of our right, title, and interest—if any—in Outputs.

Reliance on Outputs. Artificial intelligence and large language models are frontier technologies that are still improving in accuracy, reliability, and safety. When you use our Services, you acknowledge and agree:

  1. Outputs may not always be accurate and may contain material inaccuracies even if they appear accurate because of their level of detail or specificity.
  2. You should not rely on any Outputs without independently confirming their accuracy, especially for educational or informational purposes.
  3. The Services and any Outputs may not reflect correct, current, or complete information and should not be used as a substitute for professional advice or guidance.
  4. Outputs may contain content that is inconsistent with Questmind.io's views or educational best practices.

Our use of Materials. We may use Materials to provide, maintain, and improve the Services and to develop other products and services. We will not train our models on any Materials that are not publicly available, except in two circumstances:

  1. If you provide Feedback to us (through the Services or otherwise) regarding any Materials, we may use that Feedback in accordance with Section 5 (Feedback).
  2. If your Materials are flagged for trust and safety review, we may use or analyze those Materials to improve our ability to detect and enforce Acceptable Use Policy violations, including training models for use by our trust and safety team, consistent with Questmind.io's mission to provide safe and beneficial learning experiences.

Educational Use. The Services are intended for educational and informational purposes only. They should not be used as a substitute for professional advice, diagnosis, or treatment. Always seek the advice of qualified professionals with any questions you may have regarding a specific situation or topic.

5. Feedback

We value your feedback, including ideas and suggestions for improvement or rating an Output in response to an Input ("Feedback"). If you rate an Output in response to an Input—for example, by using a rating system or providing comments—we will store the related conversation as part of your Feedback. You have no obligation to give us Feedback, but if you do, you agree that we may use the Feedback however we choose without any obligation or other payment to you.

By providing Feedback, you grant Questmind.io a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display the Feedback in any medium or format, whether now known or later developed, for any purpose.

You represent and warrant that your Feedback is not subject to any restrictions by third parties and that you have the right to provide the Feedback to us and to grant us the rights described in this section.

We may use Feedback to improve our Services, develop new features, or train our AI models. However, we will not publicly attribute any Feedback to you without your prior written consent.

Please note that we may not be able to respond to all Feedback individually, but we will carefully consider all Feedback we receive. If you have any specific concerns or issues with our Services, please contact us directly at journey@questmind.io.

6. Subscriptions, fees, and payment

Fees and billing. You may be required to pay us fees to access or use our Services or certain features of our Services. You are responsible for paying any applicable fees listed for the Services.

If you purchase access to our Services or features of our Services, you must provide complete and accurate billing information ("Payment Method"). You agree that we may charge the Payment Method for any applicable fees listed on our Services and any applicable tax. If the fees for these Services or features are specified to be recurring or based on usage, you agree that we may charge these fees and applicable taxes to the Payment Method on a periodic basis.

Except as expressly provided in these Terms or where required by law, all payments are non-refundable. Please check your order carefully before confirming it, and see below for additional information about recurring charges for our subscriptions.

Additional fees. We may increase fees for our Services. If we charge additional fees in connection with our Services, we will give you an opportunity to review and accept the additional fees before you are charged. Also, additional fees may apply for additional Services or features of the Services that we may make available. If you do not accept any such additional fees, we may discontinue your access to the Services or features.

You agree that we will not be held liable for any errors caused by third-party payment processors that we may use.

Subscriptions. To access certain premium features or services we may make available to individuals, you must sign up for a subscription with us (a "Subscription"), first by creating an Account, and then following the subscription procedure on our Services. When you sign up for a Subscription, you agree to these Terms.

  1. Subscription content, features, and services. The content, features, and other services provided as part of your Subscription, and the duration of your Subscription, will be described in the order process. We may change the content, features, and other services from time to time, and we do not guarantee that any particular piece of content, feature, or other service will always be available through the Services.
  2. Subscription term and automatic renewal. If you sign up for a paid Subscription, we will automatically charge your Payment Method on each agreed-upon periodic renewal date until you cancel. If your Subscription has a minimum term (the "Initial Term"), we will let you know during the order process. Your Subscription will last for the Initial Term and will automatically renew, and your Payment Method will be charged, at the end of the Initial Term for an additional term equal in duration to the Initial Term and will continue to renew and incur charges for additional terms equal in duration to the Initial Term (each such additional term, a "Renewal Term") until you cancel.
  3. Subscription cancellation. You may cancel your Subscription for any reason by using a method we may provide to you through our products or by notifying us at journey@questmind.io. To avoid renewal and charges for the next Renewal Term, cancel your subscription at least 24 hours before the last day of the Initial Term or any Renewal Term. In the event of a cancellation, your fees will not be refunded, but your access to the Services will continue through the end of the Initial Term or any Renewal Term for which you previously paid fees.
  4. Subscription fees. You will pay the fees for the Initial Term and each subsequent Renewal Term up front, at the start of that Initial Term or Renewal Term, as applicable. We have the right to make changes to the fees applicable to your Subscription from time to time, although we will not make any change to the fees applicable to your Subscription during the current Initial Term or Renewal Term, as applicable. If these changes result in an increase in the fees payable by you, we will inform you at least 30 days in advance of the change. You agree to the increase in fees payable by you unless you cancel the Subscription, as described in the paragraph (Subscription cancellation) immediately above, before the Renewal Term to which the increase in fees will apply.

7. Third-party services and links

Our Services may use or be used in connection with third-party content, services, or integrations. We do not control or accept responsibility for any loss or damage that may arise from your use of any third-party content, services, and integrations, for which we make no representations or warranties. Your use of any third-party content, services, and integrations is at your own risk and subject to any terms, conditions, or policies (including privacy policies) applicable to such third-party content, services, and integrations.

In particular, our Services may integrate with or rely on AI models and services provided by third parties, such as Anthropic, OpenAI, and other providers. While we strive to select reliable partners, we are not responsible for the accuracy, reliability, or safety of these third-party AI services. You acknowledge that the use of AI technologies involves inherent risks and uncertainties, and you agree to use our Services, including any integrated third-party AI services, at your own risk.

8. Software

We may offer manual or automatic updates to our software including our apps ("Questmind.io Software"), without advance notice to you. Questmind.io Software may include open source software. In the event of any conflict between these Terms and any other Questmind.io or third-party terms applicable to any portion of Questmind.io Software, such as open-source license terms, such other terms will control as to that portion of the Questmind.io Software and to the extent of the conflict.

By using our Services, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the Questmind.io Software as necessary to provide, maintain, and improve the Services.

9. Ownership of the Services

The Services are owned, operated, and provided by us and our affiliates, licensors, distributors, and service providers (collectively "Providers"). We and our Providers retain all of our respective rights, title, and interest, including intellectual property rights, in and to the Services. Other than the rights of access and use expressly granted in our Terms, our Terms do not grant you any right, title, or interest in or to our Services.

You acknowledge and agree that the Services, including but not limited to the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services (collectively, the "Materials") are protected by intellectual property and other laws. All Materials included in the Services are the property of Questmind.io or its third-party licensors. Except as expressly authorized by Questmind.io, you may not make use of the Materials. Questmind.io reserves all rights to the Materials not granted expressly in these Terms.

10. Disclaimer of warranties, limitations of liability, and indemnity

Our team works hard to provide great services, and we're continuously working on improvements. However, there are certain aspects we can't guarantee. We are using ALL CAPS to explain this, to make sure that you see it.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND MATERIALS IS SOLELY AT YOUR OWN RISK. THE SERVICES AND OUTPUTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE AND OUR PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, PRIVACY, COMPATIBILITY, NON-INFRINGEMENT, AND ANY WARRANTY IMPLIED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR PROVIDERS, OR OUR OR THEIR RESPECTIVE AFFILIATES, INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE "QUESTMIND.IO PARTIES"), BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, THE MATERIALS, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF ANY QUESTMIND.IO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, AND EVEN IF THE DAMAGES ARE FORESEEABLE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE QUESTMIND.IO PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, THE MATERIALS, OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT YOU PAID TO US FOR ACCESS TO OR USE OF THE SERVICES (IF ANY) IN THE SIX MONTHS PRECEDING THE DATE SUCH DAMAGES, LOSSES, AND CAUSES OF ACTION FIRST AROSE.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY EUROPEAN UNION LAW.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE QUESTMIND.IO PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS; YOUR ACCESS TO, USE OF, OR ALLEGED USE OF THE SERVICES OR THE MATERIALS; YOUR FEEDBACK; ANY PRODUCTS OR SERVICES THAT YOU DEVELOP, OFFER, OR OTHERWISE MAKE AVAILABLE USING OR OTHERWISE IN CONNECTION WITH THE SERVICES; YOUR VIOLATION OF APPLICABLE LAW OR ANY THIRD-PARTY RIGHT; AND ANY ACTUAL OR ALLEGED FRAUD, INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, OR CRIMINAL ACTS COMMITTED BY YOU OR YOUR EMPLOYEES OR AGENTS. WE RESERVE THE RIGHT TO ENGAGE SEPARATE COUNSEL AND PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU HEREUNDER, IN WHICH CASE YOU AGREE TO COOPERATE WITH US AND SUCH SEPARATE COUNSEL AS WE REASONABLY REQUEST.

OUR PROVIDERS ARE INTENDED THIRD PARTY BENEFICIARIES OF THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 10.

11. General terms

Changes to the Services. Our Services are novel and will change. We may sometimes add or remove features, increase or decrease capacity limits, offer new Services, or stop offering certain Services.

Unless we specifically agree otherwise in a separate agreement with you, we reserve the right to modify, suspend, or discontinue the Services or your access to the Services, in whole or in part, at any time without notice to you. Although we will strive to provide you with reasonable advance notice if we stop offering a Service, there may be urgent situations—such as preventing abuse, responding to legal requirements, or addressing security and operability issues—where providing advance notice is not feasible. We will not be liable for any change to or any suspension or discontinuation of the Services or your access to them.

Changes to these terms. We may revise and update these Terms at our discretion. Some examples of times, we may update these Terms include (1) to reflect changes in our Services, like when we add or remove features or services, or update our pricing, (2) for security or legal reasons, or (3) to promote safety or prevent abuse. If you continue to access the Services after we post the updated Terms on Questmind.io's website or otherwise give you notice of Terms changes, then you agree to the updated Terms. If you do not accept the updated Terms, you must stop using our Services.

Supplemental terms. We may offer Services or features that we believe require service-specific terms or guidelines. When using our Services, you agree to comply with any applicable guidelines, rules, or supplemental terms that may be posted on the Services from time to time ("Supplemental Terms"). If these Terms conflict with Supplemental Terms, the Supplemental Terms will govern for the applicable Service.

Entire agreement. These Terms and any other terms expressly incorporated by reference form the entire agreement between you and us regarding the subject matter of our Terms.

Termination. You may stop accessing the Services at any time. We may suspend or terminate your access to the Services (including any Subscriptions) at any time without notice to you if we believe that you have breached these Terms, or if we must do so in order to comply with law. If we terminate your access to the Services due to a violation of these Terms and you have a Subscription, you will not be entitled to any refund. In addition, if you have a Subscription, we may terminate the Subscription immediately at any time for any other reason. If we exercise this right, we will refund you, on a pro rata basis, the fees you paid for the remaining portion of your Subscription after termination.

We may also terminate your Account if you have been inactive for over a year and you do not have a paid Account. If we terminate your Account due to inactivity, we will provide you with notice before doing so.

Upon termination of these Terms, a Subscription, or your access to the Services, we may at our option delete any Materials or other data associated with your Account. Sections 6 (with respect to fees outstanding as of such expiration or termination) and 9 – 12 will survive any expiration or termination of our Terms or a Subscription.

Severability. If a particular Term or portion of these Terms is not valid or enforceable, this will have no effect on any other Terms.

No waiver. Any delay or failure on our part to enforce a provision of these Terms is not a waiver of our right to enforce them later.

No assignment. These Terms may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction.

Use of our brand. You may not, without our prior written permission, use our name, logos, or other trademarks in connection with products or services other than the Services, or in any other way that implies our affiliation, endorsement, or sponsorship. To seek permission, please email us at journey@questmind.io.

Export Controls. You represent and warrant that you and anyone accessing or using the Services on your behalf, or using your Account credentials, are not located in a country that is subject to a European Union embargo, or that has been designated by the European Union as a "terrorist supporting" country, and that you and they are not listed on any European Union list of prohibited or restricted parties.

Legal Compliance. We may comply with governmental, court, and law enforcement requests or requirements relating to provision or use of the Services, or to information provided to or collected under our Terms. We reserve the right, at our sole discretion, to report information from or about you, including but not limited to Inputs or Outputs, to law enforcement.

12. In case of disputes

Equitable relief. You agree that (a) no adequate remedy exists at law if you breach Section 3 (Use of Our Services); (b) it would be difficult to determine the damages resulting from such breach, and any such breach would cause irreparable harm; and (c) a grant of injunctive relief provides the best remedy for any such breach. You waive any opposition to such injunctive relief, as well as any demand that we prove actual damage or post a bond or other security in connection with such injunctive relief.

Governing law and exclusive jurisdiction. Our Terms will be governed by, and construed and interpreted in accordance with, the laws of Spain and European Union without giving effect to conflict of law principles. You and Questmind.io agree that any disputes arising out of or relating to these Terms will be resolved exclusively in the courts located in Barcelona, Spain, and you and Questmind.io submit to the personal and exclusive jurisdiction of those courts. By accessing our Services, you waive any claims that may arise under the laws of other jurisdictions.

Alternative dispute resolution. Notwithstanding the foregoing, if you are a consumer resident in the European Union, you may also have the right to submit a dispute for online resolution to the European Commission Online Dispute Resolution platform.