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TERMS OF SERVICE AGREEMENT

  1. Introduction. The "AI Expert Mode" web application ("App") is a service provided by Powell-Clark Limited ("Company") that allows users to access the OpenAI API and other AI API service providers using a graphical user interface ("GUI"). By using the App, you agree to be bound by the terms of this Agreement.

  2. API Key. In order to use the App, you must have a valid OpenAI API key. The Company is not responsible for any issues that may arise from the misuse or mishandling of your API key.

  3. OAuth Authentication. You agree to use email magic link login and OAuth authentication with Google in order to use the App. You must have a valid Google account and email address to access the App. By accessing the App, you agree to be bound by the terms of service and privacy policy of Google and your email provider.

  4. API Key storage. The Company stores the API key securely in a database, accessible only to authorized personnel. The Company is committed to maintaining the security and privacy of user's API keys.

  5. Service Availability. The Company will use commercially reasonable efforts to keep the App available at all times, however, there may be instances where the App is unavailable due to maintenance, upgrades, or other reasons beyond the Company's control. The Company will not be liable for any damages arising from the App being unavailable.

  6. Prohibited Use. You agree not to use the App for any illegal or prohibited purpose, including but not limited to, the following:

    1. using the App to transmit any harmful, illegal, or offensive content;
    2. using the App to commit any fraud or deception;
    3. using the App to scrape or harvest any data from the OpenAI API or the App without the express written consent of the Company;
    4. using the App to interfere with or disrupt the App or the servers or networks connected to the App.

  7. Limitation of Liability. The Company will not be liable for any damages, including but not limited to, direct, indirect, special, incidental, or consequential damages, arising out of or in connection with the use or inability to use the App or the OpenAI API.

  8. Indemnification. You agree to indemnify and hold the Company and its affiliates, directors, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the App or violation of this Agreement.

  9. Changes to the Agreement. The Company reserves the right to modify this Agreement at any time. Your continued use of the App following any changes to this Agreement will be deemed acceptance of those changes.

  10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom.

  11. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, regarding the subject matter of this Agreement.