SecondThought Terms of Use

Last Modified: 12-07-2023

Acceptance of the Terms of Use

These terms of use are entered into by and between You and SecondThought AI, Inc. The following terms and conditions, together with any documents expressly incorporated by reference, govern your access to and use of https://secondthought.ai, including any content, functionality, and Services offered on or through https://secondthought.ai, whether as a guest or a registered User.

By using the Website or by clicking to accept or agree to the Terms of Use, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://secondthought.ai/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

I. Defined Terms

“Authorized User” means an employee, agent, contractor or representative of a User that is granted access authorization to use the Services.

“Confidential Information” means nonpublic information that SecondThought AI, Inc., its affiliates, or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information.

“Company,” “we,” or “us,” means SecondThought AI, Inc.

“Input” means information you provide to the Services.

“Output” information generated and returned by the Services based on the Input.

“Services” means any services supplied by the Company including AI generated Output, maintenance and technical assistance.

“Terms of Use,” or “Terms” shall mean the conditions, together with any documents expressly incorporated by reference, that govern the access to and use of the Website.

“User” means a person or company that has received a unique username and password to access the Services.

“Website” means https://secondthought.ai.

II. Registration and Access

This Website is offered and available to businesses that reside in the United States or any of its territories or possessions. You must be at least 13 years old to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf.

Account Information:

Certain features or Services offered by SecondThought AI, Inc. may require you to open an account. You must provide accurate and complete information to register for an account. You are responsible and liable for all acts and omissions of Authorized Users. You shall use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions. You are responsible for keeping passwords and access associated with the Services confidential. You must treat such information as confidential, and you must not disclose it to any other entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

III. Usage Requirements

  1. (a) Use of Services. You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.

  2. (b) Restrictions. You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law); (iii) use output from the Services to develop models that compete with SecondThought AI, Inc.; (iv) represent that output from the Services was human-generated when it is not; or (v), send us any personal information of children under 13 or the applicable age of digital consent.

  3. (c) Third Party Services. Any third-party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.

IV. Content

  1. (a) Your Content. You may provide Input to the Services, and receive Output generated and returned by the Services based on the Input. Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, SecondThought AI, Inc. hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. SecondThought AI, Inc. may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content and ensuring that it does not violate any applicable law or these Terms.

  2. (b) Similarity of Content. Due to the nature of machine learning, Output may not be unique across Users and the Services may generate the same or similar output for SecondThought AI, Inc. or other parties. Responses that are requested by and generated for other Users are not considered your Content.

  3. (c) Accuracy. Artificial intelligence and machine learning is rapidly evolving. We are constantly working to improve our Services to make them more accurate, reliable, and beneficial. The use of our Services may result in Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.

V. Fees and Payments

  1. (a) Fees and Billing. The Website may offer paid Subscription Service for commercial use (“Subscription Service”). By signing up for and using a paid Subscription Service, you agree to our Terms, and any additional terms and conditions provided here. We reserve the right to change our fees and subscription plans at any time.

    Unless otherwise stated, all fees are in U.S. Dollars. Subscription Service Users will be invoiced for payments. If you purchase any Subscription Service, you will provide complete and accurate billing information. You can choose to pay for the paid Subscription Service on a monthly or annual basis. Payments are due within the time specified on the invoice using a valid payment method (check, credit or debit card, bank transfer, online payment, and automated bill payment).

    If you do not pay the fees or charges due for your use of the paid Subscription Service plan, we may make reasonable efforts to notify you and resolve the issue. However, we reserve the right to disable or terminate your access to the paid Subscription Service plan.

    You can cancel your Subscription Service at any time. The cancellation of a Subscription Service will go into effect at the end of your current billing cycle, and you will have the same level of access through the remainder of such billing cycle. For example, if you are billed on a monthly basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the subscription service though the end of the month.

    There are no refunds for termination or cancellation of your Subscription Service. If you no longer wish to subscribe to a paid Subscription Service plan, it is your responsibility to cancel, regardless of whether or not you actively use the Subscription Service.

  2. (b) Free Tier. You may not create more than one account to benefit from information provided in the free tier of the Services. If we believe you are not using the free tier in good faith, we may stop providing access to the Services.

VI. Confidentiality, Security and Data Protection

  1. (a) Confidentiality. You may be given access to Confidential Information of SecondThought AI, Inc., its affiliates and other third parties. You may use Confidential Information only as needed to use the Services as permitted under these Terms. You may not disclose Confidential Information to any third party, and you will protect Confidential Information with reasonable care, in the same manner that you protect your own confidential information of a similar nature. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under these Terms; (iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to SecondThought AI, Inc. and use reasonable efforts to limit the scope of disclosure.

  2. (b) Security. You must implement reasonable and appropriate measures to help secure your access to and use of the Services. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

  3. (c) Processing of Personal Data. If you use the Services to process personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law.

VII. Term and Termination

  1. (a) Termination; Suspension. These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services and Content. We may permanently or temporarily terminate or suspend your access to the Services without notice for any reason, including if in our sole determination you violate any provision of this Agreement.

    We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

  2. (b) Effect on Termination. Upon termination, you will stop using the Services and you will promptly return or, if instructed by us, destroy any Confidential Information.

VIII. Indemnification; Disclaimer of Warranties; Limitations on Liability

  1. (a) Indemnity. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.

  2. (b) Disclaimer. The Services are provided “as is.” Except to the extent prohibited by law, we and our affiliates and licensors make no warranties (express, implied, statutory or otherwise) with respect to the Services, and disclaim all warranties including but not limited to warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing or trade usage. We do not warrant that the Services will be uninterrupted, accurate or error free, or that any content will be secure or not lost or altered.

  3. (c) Limitations of Liability. To the fullest extent provided by law, in no event will SecondThought AI, Inc., its affiliates or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages.

IX. Dispute Resolution

You agree to the following mandatory arbitration and class action waiver provisions:

  1. (a) Mandatory Arbitration. You and SecondThought AI, Inc. agree to resolve any past or present claims relating to these Terms or our Services through final and binding arbitration.

  2. (b) Informal Dispute Resolution. We would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against SecondThought AI, Inc., you agree to try to resolve the dispute informally by sending us notice at https://secondthought.ai/contact of your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding.

  3. (c) Arbitration Forum. Either party may commence binding arbitration through the Delaware Rapid Arbitration Act. The parties will pay equal shares of the arbitration fees.

  4. (d) Arbitration Procedures. The arbitration will be conducted in Wilmington, Delaware, or at another mutually agreed location. The arbitration will be conducted by a sole arbitrator selected by the parties. If the parties fail to select an arbitrator, or the arbitrator is not available, the Delaware Court of Chancery will appoint an arbitrator.

  5. (e). Exceptions. This arbitration section does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement.

  6. (h) Severability. If any part of this section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow mass filing or class or representative arbitration, this section will be unenforceable in its entirety. Nothing in this section will be deemed to waive or otherwise limit the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim from the arbitrator.

X. General Terms

  1. (a) Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between you and SecondThought AI, Inc. or any of SecondThought AI, Inc’s affiliates. SecondThought AI, Inc. and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.

  2. (b) Use of Brands. You may not use SecondThought AI, Inc. or any of its affiliates’ names, logos, or trademarks, without our prior written consent.

  3. (c) U.S. Federal Agency Entities. The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.

  4. (d) Copyright Complaints. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that materials available on the Website infringe your copyright, you may send SecondThought AI, Inc. a notice at https://secondthought.ai/contact requesting that we remove the material or block access to it. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers. Please provide us with the following information in your notice of a suspected violation:

    • Identification of the material being infringed.

    • Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.

    • Your name, address, telephone number, and email address.

    • A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent or law.

    • A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the copyright owner or authorized representative.

    • A physical or electronic signature from the copyright holder or authorized representative. Your notice must be signed (physically or electronically) and must be addressed as follows:


      secondthought AI, Inc.
      Attn: DMCA Agent
      2810 North Church Street
      Wilmington, DE 19802 US

You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Some information provided in a notice of infringement may be forwarded to the user who posted the allegedly infringing content. In the U.S., under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please see www.copyright.gov for more information about how to prepare or respond to a DMCA notice and/or www.uspto.gov/trademark for more information about trademark rights.

Entire Agreement

The Terms of Use, and our Privacy Policy constitute the sole and entire agreement between you and SecondThought AI, Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by SecondThought AI, Inc.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:
https://secondthought.ai/contact