Version 1.0

Effective February 1, 2024

1. Introduction.

Our Terms of Service (Terms) is a legally binding agreement between you and Caffe Lucid (ABN: 71 209 353 700), trading under the name Originware.com (Originware, we or us). Our Terms govern your access to and use of the VocaGPT App product (App), our website and your use of Third Party AI Services that the App communicates with.

Please read our Terms carefully before you use our product. By accepting our Terms, you agree to be bound by and comply with our Terms, and acknowledge that you have read and understand our Terms Of Service, the Acceptable Use Restrictions outlined in the Terms Of Service and our Privacy Policy.

If you do not agree to our Terms you must not use the App.

2. Using the App in Trial Mode vs. Post-Purchase Usage.

The trial mode of the App grants you limited use of Orginware's Azure(OpenAI) account for the trial token budget and for the trial period. The trial ends when either the budget is reached or the period is elapsed.

After trial completion, if you wish to continue using the App you must purchase the App and you must only use your own Third Party AI Service account(s) within the App. You will not be able to and should not use the Originware trial AI Service after completing a trial. Also, as you will be using your own Third Party AI Service Provider account(s) you are additionally bound by those Third party Terms of Service agreements.

3. Acceptable Use and Use Restrictions.

It is important to remember that generative models are frontier technologies and are capable of producing factually inaccurate, harmful, or biased information. We do not guarantee the correctness, completeness, or applicability of the material generated. We ask you to independently verify any information you deem as important.

We do not allow our products and the AI Services that the product is communicating with to be used in connection with, including to generate, any of the following:

  • Use that is in a way prohibited by law, regulation, governmental order or decree.
  • Content that is abusive, fraudulent, deceptive, misleading, sexually explicit, violent, hateful, threatening.
  • Content that is psychologically or emotionally harmful content.
  • Use that involves child sexual exploitation or abuse.
  • Use that involves illegal or highly regulated goods or services.
  • To assist or encourage anyone to do any of the above.
  • 4. Disclaimer.

    Your use of the App, its services, and materials is at your own risk. These services and outputs are provided 'as is' and 'as available.' We and our providers expressly disclaim all warranties, whether express, implied, or statutory, including fitness for a particular purpose, accuracy, reliability, and non-infringement. To the fullest extent permissible under applicable law, our aggregate liability will not exceed the greater of what you paid for the App in the six months preceding the claim. You agree to indemnify us against any liabilities, claims, or losses arising from breach of these terms or your use of the services. Some jurisdictions may not allow these disclaimers, so they may not apply to you.

    In instances where the App on the Party to the Agreement's device, is temporarily used by a third party who has not agreed to these Terms of Service, the Party to the Agreement is responsible for informing them about these terms. The Party to the Agreement acknowledges their responsibility for ensuring temporary users are aware of and comply with these Terms of Service. ORIGIWARE holds no liability for actions or consequences arising from temporary use by individuals who have not expressly agreed to these terms.

    5. Changes to the Terms Of Service.

    We may update these Terms of Service at our discretion. When we do, we'll notify you within the App by displaying an agreement dialog with the updated terms. You can then review the changes.

    To continue using the App after the updated terms are posted, you'll need to agree to them. If you disagree with the changes, you have the right to choose not to accept the updated terms and must stop using the App.