Terms of Service

Last updated: January 27, 2025

1. Acceptance of Terms

Welcome to Marmut ("we," "our," or "us"). By registering for, accessing, or using our GenAI workflow orchestration platform, API, website, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you differ with these terms, you must not use our Services.

2. Services and Access

2.1 License Grant. Subject to your compliance with these Terms, Marmut grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your internal business purposes associated with your subscription plan.

2.2 Restrictions. You shall not: (a) reverse engineer, decompile, or disassemble any part of the Services; (b) use the Services to build a competitive product; (c) violate any applicable laws or regulations, including data privacy laws; or (d) transmit viruses, malware, or harmful code.

2.3 API Usage. Access to our API is subject to rate limits and usage policies associated with your subscription tier. We reserve the right to throttle or suspend access if your usage negatively impacts the stability of our platform.

3. User Responsibilities

3.1 Account Security. You are responsible for maintaining the confidentiality of your account credentials and API keys. You constitute that you are responsible for all activities that occur under your account.

3.2 Content Legality. You are solely responsible for the data, workflows, and prompts you input into the Service ("User Data") and the outputs generated ("Generated Content"). You represent that you have the necessary rights to use such User Data and that it does not violate any third-party rights.

3.3 AI Usage. You acknowledge that the Services utilize Generative AI models. You agree not to use the Services to generate content that is unlawful, harmful, threatening, abusive, harassment, defamatory, vulgar, obscene, or hateful.

4. Intellectual Property

4.1 Our IP. Marmut retains all rights, title, and interest in and to the Services, including all related intellectual property rights. The Marmut name and logo are trademarks of Gaja AI.

4.2 Your Data. You retain all rights to your User Data. You grant Marmut a worldwide, royalty-free license to host, copy, transmit, and display your User Data as necessary to provide the Services. We do not use your proprietary workflows or private data to train our foundational models without your explicit consent.

5. Payment and Fees

5.1 Subscription. Services are billed on a subscription basis (monthly or annually). You agree to pay the fees applicable to your chosen plan.

5.2 Overages. If your usage exceeds the limits of your plan (e.g., number of jobs, storage), we may charge overage fees or require you to upgrade to a higher tier.

5.3 Taxes. Fees do not include taxes. You are responsible for paying all applicable taxes associated with your use of the Services.

6. Confidentiality

Each party agrees to protect the confidentiality of the other party's proprietary information with the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care. Confidential information includes User Data, business processes, and technical data.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARMUT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES.

8. Indemnification

You agree to indemnify and hold harmless Marmut and its officers, directors, employees, and agents from any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

9. Modifications to Services and Terms

We reserve the right to modify or discontinue the Services at any time. We may also modify these Terms from time to time. If we make material changes, we will provide notice through our Service or by other means.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Gaja AI is incorporated, without regard to its conflict of law provisions.

11. Contact Us

If you have any questions about these Terms, please contact us at [email protected].