These Terms of Service (the “Terms”) govern your access to and use of the emergentic.ai website, platform, application programming interfaces (APIs), mobile applications, services, software, documentation, and content (collectively, the “Services”) operated by The Garden in the Machine, Inc. (“TGITM,” “we,” “us,” or “our”). By accessing or using any portion of the Services, creating an account, or clicking to accept these Terms, you agree to be bound by them and all policies incorporated by reference, including our Privacy Policy, Prohibited Use Policy, and any applicable service-specific agreements.
Last updated: February 14, 2025
If you do not agree to these Terms, you may not access or use the Services. If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to both you individually and that organization.
You must be at least 18 years old (or the age of majority where you reside) to use the Services. You may create an account only for yourself or, if authorized, for an organization. You are responsible for maintaining the confidentiality of your credentials and all activity under your account. Notify us immediately through the emergentic.ai Help Center of any unauthorized use. We reserve the right to refuse service, suspend accounts, reclaim usernames, and require additional verification at any time.
If your subscription is set to auto-renew, it will renew for consecutive terms at our then-current rates unless you cancel before the renewal date. You authorize us (or our payment processors) to charge the payment method on file for all fees and applicable taxes. All sales are final unless otherwise stated in writing.
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your internal business or personal purposes. You must comply with all applicable laws and our Prohibited Use Policy. You may not: (a) reverse engineer, decompile, or attempt to access the source code of the Services; (b) use the Services to develop competing products; (c) circumvent security controls; (d) use any automated means to scrape or extract data except through documented APIs; (e) interfere with or degrade performance; or (f) use the Services in any unlawful, harmful, or abusive manner.
Certain features may be identified as beta, preview, or experimental (“Beta Services”). Beta Services are provided for evaluation only, may be modified or discontinued at any time, and are offered “as is” without warranties or service level commitments. Production use of Beta Services is at your sole risk.
You may submit text, audio, video, images, files, or other data to the Services (“Inputs”) and receive model-generated content (“Outputs”). As between the parties, you retain ownership of your Inputs and, except for our pre-existing IP and AI models, any legal rights you have in Outputs. You are solely responsible for ensuring that your Inputs and use of Outputs comply with applicable laws and do not infringe third-party rights.
You grant TGITM a worldwide, royalty-free, sublicensable license to host, process, transmit, reproduce, analyze, and display Inputs and Outputs for (a) providing, maintaining, securing, and supporting the Services; (b) complying with law or governmental requests; and (c) improving and developing models and features, unless you have executed a data processing addendum or opt out through available controls. We will not sell your data, attempt to re-identify anonymized datasets, or commercially exploit your brand outside of the Services without your consent.
Due to the nature of generative AI, similar Outputs may be produced for multiple users. Outputs are not guaranteed to be unique, accurate, or free of errors. You should independently evaluate Outputs and apply appropriate human oversight before relying on them in production environments or high-risk use cases.
Our collection and use of personal data is described in our Privacy Policy and any applicable data processing agreements. To the extent we act as a processor on your behalf, you warrant that you have provided all required notices and obtained all necessary consents. You must not submit sensitive or regulated data (including protected health information, biometric identifiers, or payment card numbers) unless the Services explicitly support it and you have executed any required supplemental terms.
You agree not to use the Services to create, train, or improve models that compete with TGITM or to attempt to extract proprietary datasets. You also agree to promptly notify us of any suspected security incident or privacy breach involving the Services.
The Services may integrate with or rely on third-party websites, software, models, data providers, or cloud infrastructure. TGITM does not control third-party services and is not responsible for their content, policies, or performance. Your use of third-party offerings is subject to their respective terms and privacy practices. We may disable integrations that pose unacceptable risk or violate these Terms.
You are responsible for obtaining and maintaining all equipment, software, and connectivity necessary to access the Services and for any associated charges. We may update APIs, SDKs, or integrations from time to time; when we do, you must promptly update your implementation.
Fees are specified at the time of purchase or in an order form. Usage-based fees (including token, storage, inference, or traffic charges) will be billed according to your actual consumption. You are responsible for all applicable taxes, duties, and government charges, except for taxes based on our net income. Prepaid credits expire at the earlier of the stated expiration date or one year from purchase. We may change prices or billing metrics upon notice; continued use after the effective date constitutes acceptance.
We may offer trials or promotional access. We reserve the right to end a trial early, convert a trial into a paid plan, or disqualify participants for suspected abuse. Refunds, if granted, are provided solely at our discretion unless otherwise required by law.
You represent and warrant that you and any end users will comply with all applicable laws, including those relating to privacy, intellectual property, anti-spam, consumer protection, export controls, and sanctions. Without limiting the foregoing, you may not upload or generate content that is unlawful, defamatory, harassing, discriminatory, hateful, or that encourages violence or self-harm. You may not use the Services to create disinformation, exploit minors, or interfere with the rights of others.
We may monitor compliance, investigate suspected violations, suspend access, or remove content without notice if we believe your use poses a risk to the Services, our users, or any third party. We may also cooperate with law enforcement and take any action permitted by law. You are responsible for backup copies of your data; suspension or termination may result in loss of access to your content.
If you receive non-public information from us (including product roadmaps, security documentation, or audits), you must protect it using at least the same degree of care you use for your own confidential information and may use it only to exercise rights under these Terms. This obligation does not apply to information that becomes public through no fault of yours, was already known to you, or was independently developed without reference to our materials. We may identify you as a customer, but will not disclose your confidential information without your consent except as permitted herein.
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless TGITM and our affiliates, directors, officers, employees, contractors, licensors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to (a) your use of the Services; (b) Inputs, Outputs, or other content you submit or make available; (c) your breach of these Terms; or (d) your violation of applicable law or third-party rights. We may assume exclusive control of any matter subject to indemnification, in which case you agree to cooperate with our defense.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TGITM DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR THAT CONTENT WILL BE ACCURATE OR RELIABLE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY DECISIONS OR ACTIONS BASED ON OUTPUTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, TGITM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) AND (B) THE AMOUNT YOU PAID TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions may not apply to you. In those cases, the liability of TGITM will be limited to the fullest extent permitted by law.
Before initiating formal proceedings, you agree to contact us via the emergentic.ai Help Center so we can attempt to resolve the dispute informally within thirty (30) days. If the dispute is not resolved, the parties agree to binding arbitration administered by Judicial Arbitration and Mediation Services (JAMS) under its Comprehensive Arbitration Rules. Arbitration will be conducted in New York, New York, in English, before a single arbitrator, and the award may be entered in any court of competent jurisdiction.
YOU AND TGITM AGREE THAT ARBITRATION SHALL BE CONDUCTED ONLY IN YOUR OR OUR INDIVIDUAL CAPACITIES AND NOT AS A CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION. YOU EXPRESSLY WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in court for claims relating to intellectual property or unauthorized use of the Services. You may opt out of the arbitration agreement by following the instructions provided in the emergentic.ai Help Center within thirty (30) days of accepting these Terms.
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Subject to the arbitration agreement, the state and federal courts located in New York County, New York, will have exclusive jurisdiction. Each party consents to personal jurisdiction and venue in those courts.
We respect intellectual property rights. If you believe content hosted on the Services infringes your copyright, please submit a notice pursuant to the Digital Millennium Copyright Act (DMCA) using the instructions provided in the emergentic.ai Help Center with the following information: (a) your contact details; (b) identification of the copyrighted work; (c) the specific location of the allegedly infringing material; (d) a statement that you have a good-faith belief the use is not authorized; (e) a statement under penalty of perjury that the information is accurate; and (f) your signature. We may remove content, disable access, or terminate repeat infringers as appropriate.
California users may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834 or (800) 952-5210.
You may stop using the Services at any time. We may suspend or terminate your access for any reason, including breach of these Terms or prolonged inactivity. Upon termination, your right to use the Services ceases immediately, but the following sections will survive: 3 (Inputs, Outputs, and Intellectual Property), 4 (Data Protection), 7 (Compliance), 8 (Confidentiality), 9 (Indemnification), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Dispute Resolution), and any other provisions that by their nature should survive.
We may retain copies of data as required by law, for legitimate business purposes, or as set forth in our Privacy Policy. Termination will not relieve you of any payment obligations accrued before termination.
You represent that you are not located in, organized in, or a resident of any country or region subject to U.S. embargo, and you are not on any U.S. government denied-party list. You will not use the Services for any purpose prohibited by U.S. export control or sanctions laws, including nuclear, missile, chemical, or biological weapons proliferation. You will ensure that downstream users comply with all export restrictions.
We may update the Services, discontinue features, or modify these Terms from time to time. When we make material changes, we will provide notice via email, in-product message, or by updating the “Last updated” date. Unless otherwise stated, revised Terms become effective upon posting. If you continue using the Services after the effective date, you accept the updated Terms. If you do not agree, you must stop using the Services.
Any conflicting or additional terms presented by you (including purchase orders) are rejected and will have no effect unless expressly accepted in a signed agreement by TGITM.
For questions about these Terms, please contact us at:
Use the emergentic.ai Help Center to submit any questions or requests regarding these Terms.