Terms of Service

These Terms of Service (“Terms”) are an agreement entered between you and Modselect, Inc. and its affiliates (collectively “Modselect,” “we,” or “us”) in connection with your use of the Modselect service (“Modselect”). In these Terms, "you" refers AI Solutionh to you as an individual and to the entity you represent. By using Modselect, you consent to these Modselect Terms of Service.

Modselect’s Modselect Platform Terms of Service also apply to your use of Modselect. In the event of a conflict between the Modselect Platform Terms of Service and the Modselect Terms of Service, the Modselect Terms of Service will apply. If you purchase a subscription to Modselect, then the Subscriber Terms shall apply as well. Modselect is considered part of the “Modselect Platform” for purposes of the Modselect Platform Terms of Service. Capitalized terms used but not defined in these Modselect Terms of Service have the meanings defined in the Modselect Platform Terms of Service.

IMPORTANT ARBITRATION NOTICE: IF YOU ARE IN THE UNITED STATES OR CANADA, YOU AGREE THAT DISPUTES BETWEEN YOU AND MODSELECT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN THIS PROCESS, SOME EXCEPTIONS, AND HOW YOU CAN OPT OUT OF ARBITRATION IN SECTION 10 OF THE MODSELECT PLATFORM TERMS OF SERVICE.

  1. Modselect: No Code AI Solution Platform.

    Modselect is a platform that enables you to create, share and deploy custom AI solutions without needing to write any code. You can use AI Solutions for a variety of purposes, from learning, writing help, translation, programming help, summarization, entertainment, to many other things. Each AI Solution has its own description in its profile and the name of the company, developer, or individual who created the AI Solution. Usage guidelines for all AI Solutions can be found by visiting https://modselect.com/usage or in your settings. Modselect is a platform that enables users to access various third-party AI Solutions, but Modselect does not provide and is not not responsible for the content or services available from these AI Solutions.

  2. Age Requirements.

    Use of Modselect by anyone under 13 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these Modselect Terms of Service and affirm that they accept these Terms on your behalf and bear responsibility for your use. AI Solutions accessed via Modselect may produce content that is not suitable for minors. If you are accepting these Modselect Terms of Service on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to these Terms.

  3. Your Use of Modselect.

    3.1 Use of Modselect. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable right to use Modselect and its AI Solutions.

    3.2 User Acknowledgments. You acknowledge and agree that:

    • AI Solutions accessed via Modselect should not be relied upon during emergencies; AI Solutions may claim to perform actions for you in the real world but may have not taken any action besides responding to you;
    • AI Solutions accessed via Modselect may not generate accurate information and information provided may be out of date. You should independently verify responses or advice provided by any AI Solutions on Modselect. Modselect does not provide any warranties or guarantees as to the accuracy of any information provided via Modselect;
    • Modselect and AI Solutions on Modselect are subject to modification and alteration, and may contain errors, design flaws, or other issues;
    • Use of Modselect or AI Solutions on Modselect may result in unexpected results, loss of data or communications, or other anticipated or unanticipated damage or loss to you;
    • Modselect or AI Solutions on Modselect may not operate properly, be in final form, or be fully functional; your access to Modselect or the AI Solutions is not guaranteed and Modselect and the AI Solutions are provided on an AS IS basis;

    3.3 Restricted Uses. You agree not to use Modselect or AI Solutions on Modselect to:

    • Violate the rights of another party or any applicable laws;
    • Violate any of these Terms or our policies, or policies of third-party providers that power the AI Solutions on Modselect which can be found in the AI Solution profile or by visiting modselect.com/about
    • Reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of Modselect, the AI Solutions, or their underlying technologies;
    • Abuse, harm, interfere with, reverse engineer, or disrupt Modselect, the AI Solutions, or their underlying technologies, such as by accessing or using them in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing any protective measures;
    • Use Modselect or the AI Solutions in an automated fashion, such as by exceeding any rate limits set forth by us from time to time;
    • Use Modselect or the AI Solutions to develop products, applications, services, foundation models or other large scale models that compete with Modselect, the AI Solutions, and their underlying technologies;
    • Use any method to extract data from Modselect or the AI Solutions, including web scraping, web harvesting, or web data extraction methods, other than as permitted by these Modselect Terms of Service; or
    • Represent that AI Solution-Generated Content (as defined below) is human-generated.

    3.4 Feedback. We welcome your feedback and suggestions about how to improve Modselect or AI Solutions on Modselect. By submitting feedback, you agree to grant us the right, at our discretion, to use, copy, disclose, create derivative works, display, publish, and otherwise exploit the feedback, in whole or part, freely and without any compensation to you. Please provide your feedback by emailing us at craiglewiston@gmail.com.

  4. Your Content.

    4.1 Your Content. Modselect may allow you to ask questions, create bookmarks, vote or like, post, or share AI Solution conversations within Modselect or outside of Modselect. All material that you upload, publish, or display within Modselect, and any results that you receive in response to your prompts (or other inputs) from AI Solutions accessible via Modselect (“AI Solution-Generated Content”), will collectively be considered “Your Content.”

    Other users may ask questions and receive responses from AI Solutions on Modselect that are similar to or the same as yours. The content that other users receive are not considered Your Content.

    4.2 Your AI Solutions. Modselect may allow you to create AI Solutions powered by third-party LLMs or add your own AI Solution to the Modselect platform for users to interact with (each, a “Your AI Solutions”). Your AI Solutions will be associated with your Modselect profile name. You have no obligation to create a AI Solution, but if you choose to create a AI Solution you are responsible for ensuring the content is lawful and does not violate these Terms, our policies or the policies of any third-party LLMs which power your AI Solution. Modselect may, in its sole discretion, remove your AI Solution if it violates these Terms, our policies or the policies of any third-party LLMs which power your AI Solution or applicable law. Modselect takes no responsibility for your AI Solutions, any of its content, or others use of your AI Solutions. If you choose to connect Your AI Solutions to Modselect using our APIs, then the Modselect API Terms apply to your use of such APIs. If you choose to participate in the Creator Monetization Program, then the program terms will apply to your participation in the program.

    4.3 Ownership. You retain ownership of Your Content, subject to the non-exclusive rights granted below.

    4.4 Your Responsibility. You acknowledge and agree AI Solutions accessible via Modselect answer your questions based on knowledge derived from a variety of sources, and that Modselect does not create or generate any AI Solution-Generated Content. Modselect provides access to several underlying technologies, including third-party providers that use LLMs. An LLM is a machine learning system that processes and generates text. You agree that you are responsible for Your Content and Your AI Solutions, including for ensuring that they do not violate any applicable law, these Terms (including the Restricted Uses in Section 3.3 above), our policies, or the policies of any third-party LLMs which power AI Solutions within Modselect.

    We reserve the right to block, remove, and/or permanently delete Your Content or Your AI Solutions if they are in breach of these Terms, our policies, the policies of any third-party LLMs which power AI Solutions within Modselect, or violate any applicable law or regulation, or if it creates risk for Modselect or Modselect or negatively impacts the experience other Modselect users.

    4.5 Our Use of Your Content. We may use Your Content and Your AI Solutions to provide and improve Modselect, including:

    • Providing your questions and prompts to third-party LLMs to generate responses
    • Displaying Your Content to others if you use the sharing features in Modselect
    • Making available Your AI Solutions for others to use and interact with within Modselect
    • Promoting your shared content or Your AI Solutions to others
    • Understanding your use of Modselect to generally improve the Modselect services

    We may also need to use or disclose Your Content to comply with applicable laws, enforce these Modselect Terms of Service and our policies, and to detect and prevent fraud, security, or technical issues.

    By using Modselect, you grant us a worldwide, non-exclusive, royalty-free, transferable, and perpetual license to use Your Content and Your AI Solutions as stated above.

  5. Termination.

    You may cease your use of Modselect or terminate these Modselect Terms of Service at any time for any reason or no reason by deleting your account in your settings. We may terminate your access to Modselect and/or these Modselect Terms of Service at any time for any reason or no reason. Any Data collected prior to termination may continue to be used in accordance with these Terms. The following provisions will survive expiration of termination of these Terms, in addition to the provisions set forth in Section 11(e) of the Modselect Platform Terms of Service: Section 3.4 (Feedback), Section 4.3, 4.4 and 4.5 (Your Content), this Section 5 (Termination), Section 7 (Disclaimers and Limitation of Liability) and Section 8 (General).

  6. Privacy.

    As detailed in the Modselect Privacy Policy, we may collect certain personal information related to your use of Modselect (including contact information, etc.). Your account information is anonymized before being shared with third party LLM providers and developers. The third party developers and LLM providers may receive details about your interactions with AI Solutions on Modselect (including the contents of your chats, upvotes, etc.) to provide responses and to generally improve the services. There is no need to share sensitive personal information with the AI Solutions (such as credit card information, social security information, etc.). For more information about the third party LLM providers, please see the respective AI Solution profiles. For more information about Modselect’s privacy practices, please visit the Modselect Privacy Policy.

  7. DISCLAIMERS AND LIMITATION OF LIABILITY

    Section 8 of the Modselect Platform Terms of Service is incorporated herein by reference, except that Section 8(e) of the Modselect Platform Terms of Service is replaced with the following: WITHOUT LIMITING THE FOREGOING, MODSELECT’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER RELATED TO OR ARISING OUT OF YOUR USE OF THE MODSELECT SERVICES OR THESE TERMS IS LIMITED THE AMOUNT YOU PAID TO MODSELECT IN THE PRIOR TWELVE (12) MONTHS FOR THE MODSELECT SERVICES GIVING RISE TO THE CLAIM.

    WE CANNOT GUARANTEE THE AVAILABILITY OF ANY AI SOLUTIONS, FEATURES OR SERVICE OF MODSELECT OR AVAILABLE THROUGH MODSELECT. WHILE WE ARE CONTINUING TO DEVELOP NEW FEATURES, ADD AI SOLUTIONS AND IMPROVE MODSELECT, WE MAY, WITHOUT NOTICE TO YOU, ADD OR REMOVE FEATURES OR AI SOLUTIONS, LIMIT USE OR AVAILABILITY OF FEATURES OR AI SOLUTIONS ENTIRELY (OR JUST IN CERTAIN PLACES OR FOR SOME USERS) IF THEY CREATE RISK TO MODSELECT, USERS OF MODSELECT, THIRD PARTIES POWERING THE AI SOLUTIONS, NO LONGER MAKE SENSE FROM A BUSINESS PERSPECTIVE OR FOR ANY REASON IN OUR SOLE DISCRETION. WE ALSO CANNOT GUARANTEE THAT YOUR USE OF MODSELECT WILL BE ERROR FREE, DISRUPTED OR THAT YOU WILL NOT EXPERIENCE SERVICE OUTAGES. WE ARE NOT LIABLE FOR ANY ERRORS, DISRUPTIONS OR SERVICE OUTAGES THAT MAY OCCUR.

  8. General.

    You agree that any claim not subject to Arbitration as set forth in Section 10 of the Modselect Platform Terms of Service must be resolved in a competent court in Los Angeles County, California and that the substantive laws of the State of California in the United States of America (excluding conflict of laws rules) will govern these Terms and any claim. These Terms will be binding upon and will inure to the benefit of your and our heirs, successors, and/or assignees.

Last Updated: May 9, 2024

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