These Terms and Conditions (“Agreement”) form a legal contract between you (“Customer”) and A42CMS LLC dba as InferenceCloud (“Provider”). By using our platform, you agree to these terms.
1. Definitions
To help you understand these terms, here are some key definitions:
- Account: Where you manage usage and payments for the InferenceCloud Platform.
- Agency: An organization that earns revenue through services for clients regarding marketing, communications, PR, asset management and/or market research activities.
- Customer Data: Data you or your users input into the platform.
- Effective Date: The date you agree to and accept these terms online.
- Services: The tools and features we provide through the InferenceCloud Platform.
- Website: inferencecloud.ai.
2. Privacy Policy
Our Privacy and Cookie Policy explains how we handle your data. By using our platform, you agree to this policy.
3. Use Rights
We grant you a non-exclusive, non-transferable right to use the Services while your Free Trial or subscription is active. Please use our services responsibly and legally as detailed below.
4. Access & Use
We offer a variety of AI-powered marketing and communication tools. Here’s what you need to know about access and use:
- Account Creation: You’ll need an account to use our services. Depending on your subscription, you might be able to add multiple users.
- Key User: We recommend assigning a primary contact person for smooth communication.
- Service Availability: We strive to keep our services available 24/7, though maintenance may cause occasional downtime. When possible we will pre-inform you about scheduled downtime.
5. Responsibilities & Obligations
- Customer’s Use of Services: Customer is responsible for ensuring the legality and quality of all inputs it provides to the Provider, including but not limited to documents, links, text, images, and any other content that may be processed by the Services (“User Content”). Customer warrants that it has the right and authority to upload and use the User Content for the Services. Provider does not monitor the legality, scope, or rights associated with the User Content; thus, Customer remains solely responsible for the inputs it provides.
- Provider’s Disclaimer: InferenceCloud is not responsible for the inputs provided by the Customer nor does it monitor such inputs. The Services’ outputs and any analyses, advice, or recommendations (collectively, “Outputs”) are provided as suggestions or recommendations only. We may anonymize and analyze your data for statistical purposes to improve our services.
- Customer Discretion and Responsibility: Customer acknowledges and agrees that it shall be the final decision-maker regarding the use of any Outputs generated by the Services. The Outputs are for informational purposes only, and the Customer exercises its own judgment and discretion in determining how to use them.
In general terms, please:
- Follow applicable laws.
- Ensure your content complies with our standards:
- Legality: Content must be lawful and not promote illegal activities.
- Respect: Avoid content that is harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive.
- Keep your credentials secure and prevent unauthorized access.
6. Security
We prioritize the privacy and security of your data:
- Private Cloud: Your data remains private to your organization.
- Ownership: You own your data.
- Security Measures: We have robust security policies and recommend using Single Sign-On for added security.
7. Service Commitment
We aim to provide reliable and high-quality services:
- Service Quality: We’ll use reasonable efforts to maintain service quality.
- No Warranty of Perfection: We cannot guarantee perfect performance or that our services will always meet your needs without any errors.
8. Intellectual Property
- Provider IP: Provider retains all rights, title, and interest in and to the Services and any related intellectual property, including any enhancements, modifications, or derivative works thereof.
- User Content: The Customer retains all intellectual property rights in and to its User Content. The Customer grants the Provider a non-exclusive, non-transferable, royalty-free license to use, process, store, and reproduce Customer’s User Content solely as necessary to provide the Services.
9. Subscriptions, Fees and Billing
- Subscription Plans: For Agency Accounts, monthly or annual plans are available and discussed during the sign-up process. For other Account types, pricing and subscriptions are negotiated directly. Enterprise options are also available.
- Billing: Subscriptions will be billed upon commencement of the Free Trial period (see below) at the agreed upon rate and frequency unless we receive notice of cancellation before the end of the Free Trial period.
- Advance Payments: Fees are due at the start of the chosen billing period (monthly or yearly), or as negotiated.
- Adjustments: You can upgrade or downgrade your plan as necessary and will be billed or refunded on a pro-rated basis for the remainder of the current period.
10. Free Trial Period
- Duration: The Free Trial period shall begin on the date of account user creation and extend for a maximum of 1 month unless otherwise specifically negotiated or as indicated via the Revenue Guarantee for Agency Accounts below.
- Free Trial Services: During the Free Trial, InferenceCloud will grant users of the Customer Account access to and use of InferenceCloud’s entire suite of services and offerings on a trial basis, in accordance with this Agreement. At commencement of the Free Trial, accounts will revert to access to InferenceCloud services and offerings as indicated at their chosen level of service.
11. Cancellation, Refunds & Effect of Termination
We offer a flexible cancellation policy:
- Free Trial: Customer can cancel a Free Trial at any time.
- Effect of Subscription Termination: Upon termination of subscription, Customer shall retain access to Services until the end of the current billing period, or immediately if a subscription is terminated within the 14-day grace period. Any provision of this Agreement intended to survive termination (including but not limited to liability, indemnification, and confidentiality obligations) shall remain in effect.
- Data Deletion on Termination: Upon termination of Customer access to Services during your Free Trial or subscription, your data will be deleted in accordance with our data retention policy. Please ensure you have backups of any important data prior to termination.
12. Feedback & Suggestions
We welcome your feedback and suggestions. By submitting feedback, you grant us the right to use it to improve our services without any compensation to you.
13. Confidentiality
- Definition: “Confidential Information” means all information disclosed by either Party to the other Party that is marked or designated as confidential or should reasonably be understood to be confidential because of its nature and the circumstances of its disclosure.
- Obligations: Neither Party shall disclose the other Party’s Confidential Information without prior written consent and shall use no less than a reasonable standard of care in protecting such Confidential Information.
14. Liability & Indemnification
- Disclaimer of Liability: Provider shall not be liable for any misuse, misinterpretation, or outcomes resulting from Customer’s adoption or use of the Outputs. Customer accepts full responsibility for the use of the Outputs, including any decisions or actions taken in reliance on the Outputs.
- Customer Indemnity: Customer will indemnify, defend, and hold harmless Provider from and against any and all claims, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to:
- (a) Any violation of law in or related to the Customer’s User Content;
- (b) Customer’s unauthorized or improper use of the Services;
- (c) Customer’s decisions or actions based on the Outputs; and
- (d) Any legal, judicial, or regulatory proceedings resulting from Customer’s use of the Services or the Outputs.
15. Service Changes & Updates
We reserve the right to update or change our services at any time to improve performance and functionality. We will notify you of any significant changes that may affect your use.
16. General Provisions
- Compliance with Regulations: We comply with GDPR and other applicable data protection laws.
- Changes to Terms: Any amendments require written agreement.
- Notices: Notices can be sent in writing, including by email.
- Prior agreements: This Agreement constitutes the entire agreement between the Provider and Customer and supersedes all prior oral or written communications, representations, and understandings.
- Severability: If any part of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Assignment: Neither Customer or Provider may assign this Agreement, in whole or in part, without the prior written consent of the other.
- No Waiver: The failure of Customer or Provider to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision.
17. Governing Law & Dispute Resolution
This Agreement is governed by the laws of Florida, USA. Any disputes will initially addressed through mediation in Florida courts. If unresolved, further legal action can be pursued in Florida courts.
18. Contact Us
We’re here to help! Contact us at support@inferencecloud.ai for any questions.
This document last updated 13th March 2025