docs/tos.md

Terms of Service for H2O.ai's hosted running versions of h2oGPT, e.g. on Hugging Face Spaces, AWS, Google Colab, Kaggle, or other servers that run the software. This document does not apply to the code, models, or data related to the project h2oGPT that reside on GitHub, Hugging Face Model Cards, or Hugging Face Data Cards or to the code that resides at Hugging Face Spaces.

1 Scope of Application, Amendments

1.1 H2O.ai 2307 Leghorn St, Mountain View, CA 94043 (hereinafter referred to as: "H2O.ai") runs h2oGPT software on internet platforms that use machine learning models.

1.2 These terms of use govern the relationship between the users of the chatbot and H2O.ai.

1.3 H2O.ai can modify these Terms of Use at any time if it becomes necessary due to legal changes, jurisdiction changes, economic circumstances changes, or any gaps that may appear in these Terms of Use.

2 Subject of Use, Availability of the Service

2.1 The chatbot can function as a means to generate data to improve the chatbot or other products for research and commercial purposes. Prompts and responses created through the service are used to enhance the AI.

2.2 Entering text into the chatbot and generating text using the artificial intelligence on the platform does not create any copyrighted works. The user who inputs the text will not have any exclusive usage rights or authorship rights over the generated text.

2.3 H2O.ai will strive to maintain uninterrupted usage of the chatbot, but there is no legal entitlement to use it. H2O.ai can change or discontinue the chatbot at any time without prior notice. Additionally, technical problems such as power outages, hardware or software issues, and data line malfunctions may cause temporary restrictions or interruptions.

3 User Obligations

3.1 The user is only allowed to use the chatbot for its intended purposes and must not misuse it. The user agrees not to create any text that violates criminal laws in the United States of America (USA) or the user's place of residence. It is strictly prohibited to input text that leads to the creation of pornographic, violence-glorifying, paedosexual content, or content that infringes on the personal rights of others. H2O.ai reserves the right to report any violations to the competent authorities and take legal action if necessary.

3.2 The user agrees to not use any programs, algorithms, or other software that could disrupt the functionality of the chatbot while using it. The user also agrees to not take any actions that would put an unreasonable or excessive load on the chatbot host machine.

3.3 In case a user detects any apparent errors in the chatbot that could potentially result in misusing the chatbot or its contents, the user is obligated to immediately report the error to H2O.ai.

3.4 It is not allowed to use, distribute, store, forward, edit, the chatbot output that violate these terms of use.

4 Liability

4.1 H2O.ai is not liable for the accuracy, completeness, reliability, currency, or usability of the content.

4.2 H2O.ai shall not be liable for any simple or gross negligence that results in damage resulting from injury to life, limb or health. Nor is H2o.ai liable for breach of material contractual obligations.

4.3 The limitations of liability mentioned above also apply to the legal representatives and agents of H2O.ai.

4.4 H2O.ai is not responsible for any loss of user data. The user is solely responsible for securely storing their data.

4.5 H2O.ai is not responsible for any damages suffered by the user due to the breach of these terms of use.

4.6 H2O.ai is not liable for any use of content generated on the chatbot by text input used outside of the chatbot. Specifically, H2O.ai is not liable for any damages incurred by the user from assuming copyrights or exclusive usage rights.

5 Data Protection

5.1 H2O.ai assumes no responsibility to store or protect user data. User assumes responsibility for unintentional private data entered into the chatbot.

5.2 The user explicitly consents to communication, concerning their relationship with H2O.ai, occurring via unencrypted emails. The user acknowledges that unencrypted emails offer no security and confidentiality.

6 Final Provisions

6.1 The contract will be regulated solely by the laws of the United States, and the UN Convention on Contracts for the International Sale of Goods will not apply.

6.2 If any individual provisions (including this provision) become invalid, either in part or in whole, the validity of the remaining provisions will not be affected.

6.3 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the registered office of H2O.ai will be the jurisdiction for all disputes that arise in connection with contracts made under these terms of use.