Terms of Service for Hedgehog AI LTD

Last Updated: April 3, 2024

Introduction

Hedgehog AI LTD ("Hedgehog AI", "we", "us", or "our"), a UK company operating https://hedgehog.chat, has made these Terms of Service (the "Agreement") available to explain the terms and conditions by which you may access and use our products and services, including https://hedgehog.chat (the "Hedgehog AI Services").

If you are accessing or using Hedgehog AI Services on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to "you" or "Customer" reference your company.

You must read this Agreement carefully as it governs your use of the Hedgehog AI Services. By accessing or using the Hedgehog AI Services, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use our Hedgehog AI Services and should not use our Hedgehog AI Services.

1. Our Hedgehog AI Services

1.1. Our Services

Hedgehog AI is a search engine that uses AI to answer user questions using real-time information. We are constantly improving our Hedgehog AI Services. You agree and acknowledge that our Hedgehog AI Services are subject to modification and change, including but not limited to the algorithms and methods used to generate any simulated webpages or other content, and the features available to you.

1.2. Registration

In order to use certain portions of the Hedgehog AI Services, you may need to register an account by providing us with your email and other information requested in our registration form. You agree to provide us with complete and accurate registration information. You may not attempt to impersonate another person in registration. If you are registering for our Hedgehog AI Services on behalf of an organization, you warrant that you are authorized to agree to this Agreement on their behalf. You agree to be responsible for the security of your account. You accept that you are solely responsible for all activities that take place through your account, and that failure to limit access to your devices or browser may permit unauthorized use by third-parties.

1.3. No Children Permitted

Our Hedgehog AI Services are not intended for children under the age of 13. If you are a child under the age of 13, please do not register for our Hedgehog AI Services or send any personal information to us. If you have reason to believe that a child under the age of 13 is using our Hedgehog AI Services, please let us know immediately at hedgehog-ai@use.startmail.com and we will seek to revoke access and delete any associated information as quickly as possible. If you are at least 13 years of age, but below the age of consent in your jurisdiction, you may only use the Hedgehog AI Services with the permission and consent of your parent or guardian.

1.4. Additional Policies

You agree and acknowledge that your use of the Hedgehog AI Services is subject to our Privacy Policy available at https://hedgehog.chat/privacy.

2. Usage Requirements

2.1. Use of Hedgehog AI Services

You may access, and we grant you a non-exclusive right to use, the Hedgehog AI Services in accordance with this Agreement. You will comply with this Agreement and all applicable laws when using the Hedgehog AI Services. We and our affiliates own all rights, title, and interest in and to the Hedgehog AI Services, including the underlying technology and intellectual property rights therein.

2.2. Content

You retain ownership of any content you may provide to the Hedgehog AI Services and any content or other output generated by you in connection with your use of the Hedgehog AI Services ("User Content").

Privacy Commitment: Unlike many AI companies, Hedgehog AI is committed to protecting your privacy. We do not train our AI models on your User Content, nor do we use your data for advertising purposes. We do not employ tracking technologies to monitor your behavior across websites. Your interactions with our service remain private and are not used to improve our models and this policy will never change.

2.3. Similar Output

Due to the nature of generative AI technologies, User Content generated from the Hedgehog AI Services may not necessarily be unique across users and the Hedgehog AI Services may generate the same or similar output for another user. Other users may also provide similar prompts and input and receive the same or similar User Content. Output that is requested by and generated for other users is not considered yours.

2.4. AI-Generated Output

Customer acknowledges and agrees that the output generated from the Hedgehog AI Services is generated using a third-party Large Language Model (LLM) and Hedgehog AI's search integration. In addition to the limitations and restrictions set forth in this Agreement, there are numerous limitations that apply with respect to AI-generated output due to the fact that it is automatically generated, including that (a) it may contain errors or misleading information, (b) AI systems are based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content, (c) AI systems can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in output that is out of context or does not make sense, (d) AI systems do not have emotions and cannot understand or convey emotions in the way humans can, which can result in output that lacks the empathy and emotion that humans are able to convey, (e) AI systems can perpetuate biases that are present in the data used to train them, which can result in output that is discriminatory or offensive, (f) AI systems can struggle with complex tasks that require reasoning, judgment and decision-making, (g) AI systems require large amounts of data to train and generate content, and the data used to train AI systems may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated output, and (h) AI-generated output can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal. Customer agrees that it is responsible for evaluating the accuracy, completeness, or usefulness of any output.

2.5. Feedback

We appreciate feedback, comments, ideas, proposals, and suggestions for improvements. We will delete this data but it will be stored temporarily as we evaluate it and aim to respond to customer queries. This information is never shared with third parties, sold to advertisers and is held in confidence.

2.6. Restrictions

You may not (i) use the Hedgehog AI Services in a way that infringes, misappropriates or violates any person's rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Hedgehog AI Services (except to the extent such restrictions are contrary to applicable law); (iii) use output from the Hedgehog AI Services to develop models that compete with Hedgehog AI; (iv) use any automated or programmatic method to extract data or output from the Hedgehog AI Services, including scraping, web harvesting, or web data extraction; (v) represent that output from the Hedgehog AI Services was human-generated when it is not; or (vi) use the Hedgehog AI Services in violation of any applicable laws and regulations (including any export control laws). You will comply with any rate limits and other limitations we may impose with respect to the Hedgehog AI Services.

2.7. User Conduct

You represent, warrant, and covenant that: (i) you will not create or share any User Content that contains adult content, gore, child sexual abuse material or any content that exploits or harms children; (ii) you will not engage in any conduct that is or could be considered illegal, obscene, defamatory, threatening, intimidating, harassing, hateful or racially or ethnically offensive; (iii) you will not provide any false, inaccurate or misleading information while using the Hedgehog AI Services, or engage in any activity that operates to defraud Hedgehog AI, other users of the Hedgehog AI Services, or any other person or entity; (iv) you will not interfere with or disrupt the Hedgehog AI Services or servers or networks connected to the Hedgehog AI Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Hedgehog AI Services; (v) you will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) you will not create or share any User Content that will infringe, misappropriate or violate any intellectual property, privacy, publicity or other proprietary rights of Hedgehog AI or any third party; and (vii) you will not obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Hedgehog AI Services, including attempting to avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party to protect the Hedgehog AI Services.

2.8. Interactions with Other Users

You agree that you are solely responsible for your interactions with any other user in connection with the Hedgehog AI Services, including ensuring that any such interactions comply with this Agreement. Hedgehog AI will have no liability or responsibility with respect to any actions or inactions of any other user on the Hedgehog AI Services. Hedgehog AI reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Hedgehog AI Services, including reserving the right to suspend or terminate a user's access to the Hedgehog AI Services.

2.9. Third Party Services

To the extent you use any third party software, services, or other products in connection with your use of the Hedgehog AI Services ("Third Party Services"), any such Third Party Services are subject to their own terms, and we are not responsible for any such Third Party Service.

3. Fees and Payments

3.1. Fees and Billing

To the extent the Hedgehog AI Services are made available to you for one-off purchases of credits and a recurring subscription fee, you will pay all fees charged to your account ("Fees") according to the prices and terms on the applicable pricing page or product, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. To pay the subscription fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Hedgehog AI that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Hedgehog AI or our payment processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Hedgehog AI (through our payment processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Hedgehog AI know within sixty (60) days after the date that Hedgehog AI charges you, or within such longer period of time as may be required under applicable law. Payments are nonrefundable except as provided in this Agreement. You may cancel your subscription online by emailing us at: hedgehog-ai@use.startmail.com.

3.2. Payment Processing

Notwithstanding any amounts owed to Hedgehog AI hereunder, HEDGEHOG AI DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Hedgehog AI Services via bank account, credit card, or debit card, we use third-party payment processors. These payment processing services are subject to the payment processor's terms and conditions and privacy policies. By agreeing to this Agreement, users that use the payment functions of the Hedgehog AI Services also agree to be bound by the payment processor's agreements, as the same may be modified from time to time. You hereby authorize our payment processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Hedgehog AI Services. Please contact our payment processor for more information. Hedgehog AI assumes no liability or responsibility for any payments you make through the Hedgehog AI Services.

3.3. Taxes

Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments ("Taxes"). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income, and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. Hedgehog AI uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.

3.4. Changes in Fees

We may change our prices by posting notice to your account and/or to our website. Price increases will be effective fourteen (14) days after they are posted, except for increases made for legal reasons or increases made to any free services, which will be effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.

4. Term and Termination

4.1. Termination; Suspension

This Agreement takes effect when you first use the Hedgehog AI Services and remains in effect until terminated. You may terminate this Agreement at any time for any reason by discontinuing the use of the Hedgehog AI Services. We may terminate this Agreement for any reason by providing you at least 30 days' advance notice. We may terminate this Agreement immediately upon notice to you if you materially breach this Agreement, if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests. We may suspend your access to the Hedgehog AI Services, with or without notice, if you do not comply with this Agreement, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or could subject us or any third party to liability.

4.2. Effect on Termination

Upon termination, you will immediately stop using the Hedgehog AI Services. The sections of this Agreement which by their nature should survive termination or expiration should survive, including but not limited to Sections 2.4-2.8 and 3-8.

5. Proprietary Rights

5.3. Copyright Complaints

Hedgehog AI respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Hedgehog AI of your infringement claim in accordance with the procedure set forth below.

Hedgehog AI will process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Hedgehog AI's Copyright Agent at hedgehog-ai@use.startmail.com (Subject line: "Copyright Infringement Notice").

To be effective, the notification must be in writing and contain the following information: • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed • identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property • identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located within the Hedgehog AI Services, with enough detail that we may find it within the Hedgehog AI Services • your address, telephone number, and email address • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law and • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

5.4. Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: • your physical or electronic signature • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled • a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled and • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the courts in the United Kingdom and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Hedgehog AI will send a copy of the counter-notice to the original complaining party informing them that Hedgehog AI may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Hedgehog AI or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

5.5. Repeat Infringer Policy

In accordance with applicable law, Hedgehog AI has adopted a policy of terminating, in appropriate circumstances and at Hedgehog AI's sole discretion, the accounts of users who are deemed to be repeat infringers. Hedgehog AI may also at its sole discretion limit access to the Hedgehog AI Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

6. Indemnification; Disclaimer; Limitations on Liability

6.1. Indemnity

You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of our Hedgehog AI Services; or (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation.

6.2. General Disclaimer

We plan to continue to develop and improve the Hedgehog AI Services, but we make no guarantees or promises about how it operates or that it will function as intended, and your use is at your own risk. THE HEDGEHOG AI 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 HEDGEHOG AI 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 HEDGEHOG AI SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY USER CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

6.3. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF OR INABILITY TO ACCESS OR USE OF OUR HEDGEHOG AI SERVICES, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR HEDGEHOG AI SERVICES OR THE INFORMATION CONTAINED WITHIN IT, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF OUR HEDGEHOG AI SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED IN THE AGGREGATE (A) THE AMOUNTS YOU HAVE PAID US IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM OR (B) ONE HUNDRED POUNDS STERLING (£100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.

THE FOREGOING LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

7. Dispute Resolution

7.1. Governing Law and Jurisdiction

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

7.2. Pre-Litigation Dispute Resolution

Hedgehog AI is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user's satisfaction by emailing support at hedgehog-ai@use.startmail.com. If such efforts prove unsuccessful, a party who intends to seek legal remedy must first send to the other, by recorded delivery or other form of registered post, a written Notice of Dispute ("Notice"). The Notice to Hedgehog AI should be sent to the company's registered address. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Hedgehog AI and you do not resolve the claim within sixty (60) calendar days after the Notice is received, either party may commence legal proceedings.

8. Miscellaneous

8.1. Entire Agreement

These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.

8.2. Assignment

You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without our prior written consent shall be null and void. We may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

8.3. Notice

We may provide any notice to you under this Agreement using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting.

8.4. Modifications

We may amend this Agreement from time to time by posting a revised version on the website, or if an update materially adversely affects your rights or obligations under this Agreement we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. Those changes will become effective no sooner than 30 days after we notify you. All other changes will be effective immediately. Your continued use of the Hedgehog AI Services after any change means you agree to such change.

8.5. Equitable Remedies

You acknowledge that if you violate or breach this Agreement, it may cause irreparable harm to Hedgehog AI, and Hedgehog AI shall have the right to seek injunctive relief against you in addition to any other legal remedies.

8.6. Severability

If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

8.7. No Waiver

The failure of Hedgehog AI to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

8.8. Data Protection

Hedgehog AI is committed to protecting your privacy. We do not train on customer data or operate tracking technologies. For more information about how we collect, use, and protect your personal data, please see our Privacy Policy.

8.9. Export Compliance

You agree to comply with all applicable export control laws and regulations in your use of the Hedgehog AI Services.

8.10. Contact Information

If you have any questions about this Agreement, please contact us at hedgehog-ai@use.startmail.com.

Last updated: April 3, 2024