TERMS AND CONDITIONS

Welcome to the website of Mythworx, LLC (“Company“, “we“, “our” or “us“). The Company has developed and makes available certain AI models, programmatic APIs, tools and web interfaces to host, use, and fine tune (the “Services” as more fully defined below). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” as more fully defined below), govern access to and use of www.mythworx.com, including any content, functionality and Services offered on or through www.mtyhworx.com (the “Website“), by any person who accesses or uses the Website and/or any Services, whether as a guest or a registered user (“You”, “Your” or “Customer”).

BY USING THE WEBSITE OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR [PRIVACY POLICY – HYPERLINK TO PRIVACY POLICY HERE], 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 OR SERVICES.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.

1. Definitions
1.1. “Agreement” means the agreement entered into by and between Mythworx and You, composed of (a) these Terms of Use, and (b) where applicable, the Paid Service Terms, and (c) all materials referred or linked to in the above mentioned documents, as may be amended from time to time.
1.2. “AI Platform” means the Mythworx AI platform made available through the Website as part of the Services, including but not limited to all Models, APIs and related tools.
1.3. “API(s)” means the application programming interface that permits Customers to use the Models provided under the Services, as well as all associated API access tokens, HTML scripts, data import tools, or other software as applicable.
1.4. “Closed Models” means those Models created by Mythworx and only made available under a fee-based license from Mythworx.
1.5. “Effective Date” means (i) the date you first used the Services, or (ii) the date you accepted these Terms of Use, whichever is earlier.
1.6. “Free Models” means those Models created by Mythworx and made available under an applicable open-source license as set forth in the documentation for the specific Model.
1.7. “Input(s)” means any (i) information or data uploaded by Customer into the AI Platform, including but not limited to any Models to train such Models, or (ii) any Prompts.
1.8. “Intellectual Property” means any and all any rights, titles, and interests (under any jurisdiction, whether protectable or not, and whether registered or unregistered) in and to any inventions, discoveries, works of authorship, domain names, software, algorithms, designs, databases, data, know-how, technology, and/or other intellectual property, and includes without limitation patents, copyright and similar authorship rights, personal rights (such as moral rights, rights of privacy, and publicity rights), architectural, building and location (and similar geography-based) rights, mask work rights, trade secret and similar confidentiality rights, design rights, trademarks, as well as all related applications and goodwill.
1.9. “Model(s)” means any version of any artificial intelligence model developed by Mythworx and made accessible to You through the Services. These Models may be provided as Free Models or Closed Models.
1.10. “Output(s)” means any and all content generated under the Services by the AI Platform, including but not limited to output from any Models, in response to any Prompt.
1.11. “Paid Service Terms” means the terms and conditions applicable to the access to and use of any Closed Models made available through the Website as part of the Services.
1.12. “Prompt(s)” means any and all queries, cues or other instructions You provide when using the Services to generate any Output.
1.13. “Services” means the services provided by Mythworx to You under this Agreement, including but not limited to the AI Platform, the Model(s) and any other services provided by Mythworx.
1.14. “Terms of Use” means these terms and conditions to access and use the Website and Services, together with any documents they expressly incorporate by reference.
1.15. “Third Party Output” means any Output from Third Party Services.
1.16. “Third Party Services” means third party software, products, or services.

2. Services
2.1. The Services allow You to access and use our Models to train them for your Intended Use and generate Output, subject to the applicable license and these Terms of Use. You only receive rights to use the Services as explicitly granted in this Agreement.
2.1.1. As part of the Services, the Company may provide you with access to and use of Free Models. All Free Models shall be subject to the applicable open-source license and these Terms of Use.
2.1.2. As part of the Services, the Company may provide access to and use of Closed Models. All Closed Models shall be subject to the Paid Service Terms and/or a separately executed license granted between Mythworx to You, as applicable, as well as these Terms of Use.
2.1.3. You are entirely responsible for provisioning and managing your account and compliance with these Terms of Use.

2.2. The Services are subject to modification and change. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability, unless otherwise agreed between the parties in a separate writing.

3. Responsibilities Regarding Your Account

3.1. This Services are offered and available to users who are 18 years of age or older, and who reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
3.2. You must create an account with us to use the Services. It is a condition of your use of the Services that all the information you provide to us is correct, current and complete. You represent and warrant that You will not create (a) any fake Accounts, (b) more than one Account or (c) an Account on behalf of another individual without such individual’s written consent.
3.3. You agree that all information you provide to register to use the Services or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our [Privacy Policy – INSERT AS LINK TO WEBSITE’S PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
3.4. If you choose, or are provided with, a username, password or any other piece of information such as an API key as part of our security procedures, you must treat such information as personal, confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide it to any other person to access and use the Services using your username, password or other security information. You will (i) use commercially reasonable efforts to prevent unauthorized access to or use of the Services and notify the Company promptly of any such unauthorized access or use or any other known or suspected breach of security or misuse of the Services and (ii) be responsible for obtaining and maintaining any equipment, software and ancillary services needed to connect to, access or otherwise use the Services. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
3.5. We have the right to disable any access or use of the Website or Services (including but not limited to your username, password or other identifier, whether chosen by you or provided by us), at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. Intellectual Property Rights

4.1. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), the AI Platform and any associated documentation and all Intellectual Property rights thereto are all are owned by the Company, its licensors or other providers of such material and are protected by United States and international Intellectual Property or proprietary rights laws.
4.2. Any rights not expressly granted to You to the Services under these Terms of Use remain expressly reserved in Company, its licensors or other providers.

5. Trademarks.
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

6. Prohibitions and Restrictions You may use the Services and associated Website only for lawful purposes and in accordance with these Terms of Use and applicable license(s). You agree not to use the Services or the Website:
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) or in a way that infringes, misappropriates or violates anyone’s rights.
· To use or re-use any Input or other material which does not comply with our [Content Standards – INSERT LINK TO SECTION 10 BELOW] set out in these Terms. · Modify, copy, lease, license, sublicense, sell or otherwise distribute any of our Services.
· Reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any Services, including our models, algorithms, or systems except to the extent expressly permitted by applicable law (and then only upon advance notice to Us). · Automatically or programmatically extract data or Output (defined below).
· Represent that any Output was human generated when it was not.
· Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services. · To incorporate our Services into Your products and/or services, unless otherwise stated.
· Use Output to develop models or other artificial intelligence platforms that compete with the Company.  Additionally, you agree not to:
· Use the Website or Services in any manner that could disable, overburden, damage, or impair the Website or Services, or interfere with any other party’s use of the Website or Services, including their ability to engage in real time activities through the Website and Services.
· Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent. · Use any device, software or routine that interferes with the proper working of the Website or the Services.
· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, or otherwise execute any DDoS attack against the Website or Services.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or Services, the server(s) on which the Website is stored, or any server, computer or database connected to the Website or Services.
· Otherwise attempt to interfere with the proper working of the Website or the Services.
· Remove or otherwise obscure any copyright or proprietary notices, including but not limited to our brands, trademarks or any other copyright notice.
· Copy, reproduce, transcode, adapt, translate, arrange, modify or create any derivative works of the Services except as expressly authorized by applicable law.

7. Responsibilities Regarding Input

7.1. Use of the Services may include Your upload of Input into the AI Platform as part of the Services. You warrant and represent that You have own or control all rights, title and interest in and to all Input that You provide through the Services. You further represent and warrant that providing such Input shall not violate any rights of any third-party, including but not limited to misappropriation or infringement of any Intellectual Property rights or the privacy rights of any third party. You grant Company a worldwide, revocable, non-exclusive, non-sublicensable, non-transferable right to use the Input for the purpose of providing the Services.
7.2. You further agree to indemnify and hold the Company harmless, and at Company’s sole option, defend the Company, its affiliates, and each of its and their respective officers, directors, employees, agents, licensors, permitted successors and permitted assigns from and against any and all losses, damages, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers, arising out of or resulting from such Input and/or your use of the Services. Your rights will be limited to those expressly set forth above. We reserve all rights and licenses in and to the Website, AI Platform and associated documentation and any other rights not expressly granted to Customer hereunder.
7.3. You understand and acknowledge that you are responsible for any Input you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any Input provided by you or any other user of the Website and/or Services.

8. Responsibilities Regarding Output

8.1. When You use the Services, You may provide Prompts and our Services may generate Outputs in return. You are solely responsible for Your use of the Prompts and the Outputs. You shall only use Prompts to which You own all required rights under applicable law and do so in a manner that is consistent with the applicable law. You shall not intentionally make the Services generate Outputs infringing intellectual property rights, third party rights or applicable law, or use such infringing Outputs after You become aware of such infringement.
8.2. You agree that, due to the nature of our Services, if another User uses a Prompt similar to Yours, our Services may generate an Output similar or identical to Yours. We do not warrant that Your Output is not similar or identical to another User’s Output. Consequently, and unless otherwise stated, we will not indemnify You in case Your Output is similar or identical to another User’s Output.
8.3. As the technology behind our Services is complex and continuously evolving, you acknowledge and agree that any Output generated from our Services is unpredictable and depends on the nature and quality of Your Prompt. For the avoidance of any doubt and to the extent permitted by applicable law, our Services are provided without any express or implied warranty regarding the quality or the accuracy of the Outputs. Accordingly, You agree that the Outputs generated by our Services may be incomplete, not up-to-date or not entirely accurate.

Further, You are responsible for ensuring that Your Prompt includes any relevant moderation prompt to better filter or adapt the Output, and should not rely on the Output as a unique source of truth and/or information, as safe and inoffensive in every circumstance, or as a replacement for professional guidance. You grant Company a worldwide, non-revocable, non-exclusive, non-sublicensable, non-transferable right to use Your User Feedback for the purpose of improving our Model(s). This helps us improve the accuracy of the Outputs generated by our Model(s) and the overall efficiency and/or moderation of our Services. This license is granted for the duration of the intellectual property rights under applicable law.
8.4. Subject to the these Terms of Use, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output. However, You are expressly prohibited to use the Outputs and/or any modified or derived version of the Outputs to (directly or indirectly) to reverse engineer the Services.
8.5. Our services may include Third Party Services and Third Party Output. Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them. Output generated by code generation features of our Services may be subject to third party licenses, including, without limitation, open-source licenses. Due to the nature of our Services and artificial intelligence generally, Output may not be unique and other users may receive similar Output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output.
8.6. You may provide reasonable feedback to us concerning the features, functionality, performance of, and overall experience with, the Website and Services (“Feedback”). If You provide Feedback to us, all such Feedback will be our sole and exclusive property to use and exploit without restriction or compensation to You. You hereby irrevocably transfer and assign to Company and agree to irrevocably assign and transfer to Company all of Your right, title, and interest in and to all Feedback, including all Intellectual Property rights in and to such Feedback.

9. Monitoring and Enforcement; Termination We have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
· Terminate or suspend your access to all or part of the Website for [any or no reason, including without limitation,] any violation of these Terms of Use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

As we have no control over Input, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

10. Content Standards These content standards apply to any and all Input and use of Services. All Input must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Input must not:
· Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
· Be likely to deceive any person. · Promote any illegal activity, or advocate, promote or assist any unlawful act.
· Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

11. DMCA Copyright Infringement Notices We have implemented the procedures described in the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, regarding the reporting of alleged copyright infringement and the removal of or disabling access to the infringing material. If you have a good faith belief that copyrighted material on the Services is being used in a way that infringes the copyright over which you are authorized to act, you may make a Notice of Infringing Material. Before serving a Notice of Infringing Material, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. For example, if your Notice fails to comply with all requirements of sections 512(c)(3), your Notice may not be effective.

Notices must be sent to:
Attn: DMCA Takedown Agent Mythworx, LLC
Address: 500 N. Akard, Suite 2700 Dallas, TX 75201
Email: [email protected]

It is the policy of the Company to terminate the user accounts of repeat infringers.

12. Changes to the Website We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

13. Information About You and Your Visits to the Website All information we collect on this Website and through the Services is subject to our Privacy Policy. By using the Website and Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

14. Other Terms and Conditions Additional terms and conditions may also apply to specific portions, services or features of the Website, including but to limited to Closed Models. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

15. Links from the Website If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

16. Geographic Restrictions The owner of the Website is based in the State of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website, any of its content or the Services are accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

17. Disclaimer of Warranties You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, or through the Website or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, ANY SERVICES, OUTPUT OR ITEMS OBTAINED THROUGH THE WEBSITE OR THROUGH THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, ANY SERVICES, OUTPUT OR ITEMS OBTAINED THROUGH THE WEBSITE OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, ITS CONTENT, ANY SERVICES, OUTPUT OR ITEMS OBTAINED THROUGH THE WEBSITE OR THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, ANY SERVICES, OUTPUT OR ITEMS OBTAINED THROUGH THE WEBSITE OR THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, ITS CONTENT, ANY SERVICES, OUTPUT OR ITEMS OBTAINED THROUGH THE WEBSITE OR THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 18. Limitation on Liability IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, ANY OUTPUT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Indemnification You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Website and Services or your violation of these Terms of Use, including, but not limited to, your Input, any use of the Website’s content, our Services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

20. Miscellaneous

20.1. Dispute Resolution. We would like to understand and try to address your concerns prior to formal legal action. You and Company agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), informally before either of us files a claim against the other. You agree to do so by sending us notice through this form. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process. . If we are unable to resolve the Dispute, either of us may commence proceedings at law or in equity in accordance with these Terms of Use.
20.2. Governing Law and Jurisdiction. All matters relating to the Website, the Services and these Terms of Use, and any Dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Dallas and County of Dallas. You irrevocably waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Any cause of action or claim you may have arising out of or relating to these Terms of Use, the Website or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
20.3. No Amendment. No amendment or modification to this Agreement, nor any waiver of any rights hereunder, will be effective unless assented to in writing by both parties. Any such waiver will be only to the specific provision and under the specific circumstances for which it was given, and will not apply with respect to any repeated or continued violation of the same provision or any other provision.
20.4. Waiver and Severability. No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
20.5. No Assignment. Neither party hereto may assign this Agreement without the other party’s prior written consent, except that either party may assign this Agreement without consent to a successor to all or substantially all of its assets or business related to this Agreement. Any attempted assignment by either party in violation hereof will be null and void. Subject to the foregoing, this Agreement will be binding on the parties and their successors and assigns.
20.6. Relationship of the Parties. Nothing contained herein will in any way constitute any association, partnership, agency, employment or joint venture between the parties hereto, or be construed to evidence the intention of the parties to establish any such relationship. Neither party will have the authority to obligate or bind the other in any manner, and nothing herein contained will give rise or is intended to give rise to any rights of any kind to any third parties.
20.7. U.S. Federal Agency Entities. The AI Platform and related 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.
20.8. Entire Agreement. The Terms of Use, our Privacy Policy and any other licenses executed between you and the Company constitute the sole and entire agreement between you and the Company with respect to the Website and the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Services.

21. Your Comments and Concerns This website is operated by Myth Worx LLC. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected].

Last Modified: April 10, 2024