Posit AI Service Terms

These Service Terms govern your access to and use of the Posit AI service (“Posit AI”). These Service Terms form an agreement between you and Posit Software, PBC, a Delaware Public Benefit Corporation (“Posit”).

If you reside in the European Economic Area, Switzerland or the UK, please see the European Terms section at the end of these Service Terms, which supersede certain provisions of these Service Terms.

Our Privacy Policy explains how we collect and use personal information and, in addition to these Service Terms, applies to your use of Posit AI.

If you are using Posit AI pursuant to a Beta program, your use is subject to the Posit AI Beta Agreement.

Sign Up, Registration and Eligibility. To use Posit AI, you must complete the sign up process and register as a user. In connection with your registration, you agree that you will: (a) provide true, accurate, current and complete information about yourself as prompted during the sign up process (“User Data”); and (b) maintain and promptly update the User Data to keep it accurate and current. Your login may only be used by one person; a single login shared by multiple people is not permitted. You understand and agree that you are responsible for all activity that occurs under your account and for safeguarding the password or the third-party accounts (e.g., Google Auth) that you use to access Posit AI.

To be eligible to use Posit AI, you must: (1) be 18 years of age or older; (2) be a human; accounts registered by “bots” or other automated methods are not permitted; (3) not be a competitor of Posit or using Posit AI for reasons that are in competition with Posit; and (4) comply with these Service Terms, including the policies and other legal terms referenced in these Service Terms.

Posit may update these Service Terms from time to time, to, among other things, reflect changes to Posit AI. We will notify you of changes to these Service Terms by posting an updated version at https://posit.co/about/posit-ai-agreement/ and will revise the date at the top of these Service Terms. We encourage you to periodically review these Service Terms to be informed about your and Posit’s rights and obligations with respect to Posit AI. Using Posit AI after a notice of changes has been sent to you or published on Posit AI shall constitute your consent to the changed terms and practices.

Availability of Posit AI. You have the right to access and use Posit AI as it exists on any given day and Posit reserves the right, at any time and from time to time, to update, modify, revise, replace, refuse access to, suspend or discontinue Posit AI, temporarily or permanently, partially or entirely, with or without notice. All of these changes shall be effective upon their posting on our website or by direct communication to you unless otherwise noted. Posit shall not be liable to you or to any third-party for any update, modification, revision, replacement, price change, suspension, refusal of access or discontinuance of Posit AI.

Using Posit AI. On the condition that you comply with your obligations under these Service Terms, you may access and use Posit AI. When using Posit AI, you must comply with all applicable laws as well the policies and terms referenced in these Service Terms, including the Acceptable Use Policy. Posit reserves all rights not expressly granted in these Service Terms.

Restrictions on Use. You may not use Posit AI for any illegal, harmful, or abusive activity, including:

• Using Posit AI in a way that is false or misleading; defamatory; invades another’s privacy; is obscene, pornographic, or offensive; promotes bigotry, racism, hatred or harm against any individual or group; infringes, violates or misappropriates another’s rights, including any intellectual property rights; or violates, or encourages any conduct that would violate, any applicable law, rule or regulation (including those with respect to privacy and/or data security) or would give rise to civil liability.
• Inputting any highly sensitive data, such as health information, financial information and government issued identification numbers, into Posit AI.
• Attempting to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures related to Posit AI.
• Interfering with, or attempt to interfere with, Posit AI or the access of any other user, host or network, including, without limitation, disrupting the performance or integrity of Posit AI; sending a virus or other malicious code, overloading, flooding, or spamming Posit AI; or planting malware on Posit’s computer systems, those systems of Posit’s providers, or otherwise use Posit AI to attempt to distribute malware or other malicious code.
• Attempting to or assisting anyone to reverse engineer, decompile or discover the source code or underlying components of Posit AI, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
• Representing that Output Data was human-generated when it was not.

Types and Ownership of Content. Any information you input into Posit AI, including your queries, or make available for analysis by Posit AI, is referred to as “Input Data.” Any information output by Posit AI in response to your Input Data is referred to as “Output Data.” Together, Input Data and Output Data are referred to as “Content.” You own and are responsible for the Content, including ensuring that it does not violate any applicable law or these Service Terms.

Use of Content by Posit. Posit will use Content to provide, maintain, develop, train and improve Posit AI, comply with applicable law, enforce these Service Terms, and keep Posit AI safe. In connection with the provision of Posit AI, Posit relies on third-party LLM providers, and your Content will be shared with such third-parties for processing Input Data and providing Output Data. Posit has in place a Zero Data Retention agreement with its LLM providers and, as a result, your Content will not be retained by such third-parties, and will not be used by such third-parties to train their models.

Opting Out. If you do not want Posit to use your Content to train its models, do not opt in to Help Improve Posit AI at the time of account creation. If you have opted in and later wish to opt out, please contact support.

Accuracy. Posit is working to make Posit AI accurate, reliable, safe, and beneficial. However, given the nature of AI and machine learning, use of Posit AI may result in inaccurate Output Data. As a result, when you use Posit AI, you understand and agree:

• Output Data may not always be accurate. You should not rely on Output Data from Posit AI as a sole source of truth or factual information, or as a substitute for your own assessment and review.
• You must evaluate Output Data for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output Data from Posit AI.
• You must not use any Output Data relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
• Output Data does not represent Posit’s views. If Output Data references any third party products or services, it doesn’t mean the third party endorses, or is affiliated with, or is endorsed by, Posit.

Types of Accounts; Payments and Taxes; Refunds; Changes to Your Plan. Posit allows you to use Posit AI, without charge, as described on the free trial plan entitlements page (the “Free Trial”). One person may not maintain more than one free Posit AI account.

Posit also offers a paid plan under which you are provided a specified number of usage credits per month to be used in connection with Posit AI (the “Paid Plan”). In connection with Posit AI, the “month” begins on the day you sign up for the Paid Plan. For example, if you sign up on the 15th of a calendar month, the “month” will end on the 14th of the following calendar month. The details of each of the Free Trial and the Paid Plan are set forth on the Posit AI website at https://posit.ai. All Paid Plan purchases are final, and no refunds will be given for unused credits, unless otherwise required by law. Unused credits do not carry over from month to month (unless such credits were purchased in addition to the credits included in the Paid Plan).

For the Paid Plan, Posit AI is billed in advance on a monthly basis and is non-refundable. All Paid Plans will automatically renew each month unless and until you cancel your Paid Plan. To cancel your Paid Plan at any time, please visit https://posit.ai/billing. If we are unable to charge your credit card when you sign up for a Paid Plan, or upon the monthly renewal of any Paid Plan, we will suspend your usage of Posit AI until such time that the monthly fee has been paid.

All fees for Paid Plans are exclusive of all taxes. You are responsible for all applicable taxes and we will charge you for taxes when required by law.

You can cancel your Paid Plan at any time. Payments are non-refundable, except where required by law. If you cancel, your cancellation will take effect at the end of the billing month and you will be entitled to use Posit AI (subject to available credits) until the end of that period . These Service Terms do not override any mandatory local laws regarding your cancellation rights.

Price Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

Termination and Suspension. Posit has the right to suspend or terminate your account and refuse current or future use of Posit AI if you breach these Service Terms or any terms referenced in these Service Terms, or if required to do so by law. Posit may also suspend or terminate your account for non-payment, or if your usage of Posit AI is deemed likely to harm Posit, Posit AI users, or others.

Notifications and Service Messages. Posit may notify you via the email address associated with your account, within Posit AI, or on Posit’s website at posit.co.

Posit Intellectual Property Rights. All right, title, and interest in and to Posit AI is and will remain the exclusive property of Posit, including all intellectual property rights in Posit AI. Except as expressly permitted by these Service Terms, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use Posit AI.

You agree that any feedback you provide to Posit, including comments, and suggestions for improvements, may be used by Posit without restriction or compensation to you.

DISCLAIMER OF WARRANTY. Posit AI is provided “AS-IS” and without warranty. Your access to and use of Posit AI is at your own risk. Posit disclaims all liability for, and is not responsible for, any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of Posit AI. WITHOUT LIMITING THE FOREGOING, POSIT EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT USE OF POSIT AI MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR INFORMATION OR DATA TO UNINTENDED THIRD PARTIES.

POSIT MAKES NO WARRANTY THAT POSIT AI WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF POSIT AI WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN POSIT AI WILL BE CORRECTED. YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUT DATA IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT DATA AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

Your Indemnity. You agree to indemnify, defend and hold harmless Posit and its officers, employees, directors, agents, affiliates, subsidiaries, successors and assigns from and against any and all third party claims, damages, liabilities, loss, government fines, costs and expenses (including reasonable attorney’s fees and litigation expenses), arising out of or related to any alleged or actual breach of these Service Terms (including the policies and terms referenced in these Service Terms), your use of Posit AI or your Content.

Limitation of Liability. POSIT WILL NOT 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. POSIT’S AGGREGATE LIABILITY UNDER THESE SERVICE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR POSIT AI DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Service Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

Governing Law. These Service Terms shall be governed by the internal laws of the Commonwealth of Massachusetts, U.S.A., without giving effect to principles of conflict of laws. In each case this Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods and without regard to the Uniform Computer Information Transactions Act.

Dispute Resolution and Mandatory Arbitration.

Initial Dispute Resolution. Most concerns can be resolved quickly by contacting our support team by submitting a request form. The parties agree to use their best efforts to settle any dispute directly through consultation and good faith negotiations before initiating a lawsuit or arbitration.

Binding Arbitration. If a resolution is not reached within thirty (30) days, all claims arising out of or relating to these Service Terms shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. You and Posit agree that any arbitration hearing shall be conducted remotely via video conference. Neither party shall be required to travel. If a video hearing is not feasible, the dispute may be resolved solely on the basis of written submissions.

Small Claims Court. Notwithstanding the agreement to arbitrate, either party may seek relief in a small claims court for disputes within the scope of that court's jurisdiction.

Right to Opt-Out. You have the right to opt-out of this provision by sending written notice to Posit by submitting a request form to Support within thirty (30) days of first accepting these Terms.

Waiver of Class Action. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Attorney’s Fees: Each party shall bear its own attorneys’ fees and costs, unless the arbitrator finds that either the substance of the claim or the relief sought was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

You acknowledge and agree that any claim or dispute arising out of these Service Terms or your use of Posit AI must be brought by you within one year from the date the cause of action first accrued.

Copyright Complaints and the DMCA. Posit has adopted and implemented a policy that permits the deletion of Content that violates privacy or intellectual property rights, and will terminate the accounts of users who repeatedly infringe, or are believed to be repeatedly infringing the rights of others.

If you believe your intellectual property rights have been infringed, please follow the process, and submit the required information, described in our DMCA Policy at https://posit.co/about/dmca-policy/.

General Terms.

Severability. If any provision of these Service Terms is held by a court or arbitrator to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.

Notices. Posit may email notices to you and/or post notices to you at https://posit.co or within Posit AI. You may contact us by submitting a request form to Support. Any notices that you provide without compliance with this section on notices shall have no legal effect.

Entire Agreement. You agree that these Service Terms and all policies and terms referenced herein constitute the entire, complete and exclusive agreement between you and Posit regarding the Posit AI and supersede all prior and contemporaneous agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter hereof. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to Posit AI shall be of no effect and all such terms or conditions shall be null and void. You acknowledge and agree that your agreement hereunder is not contingent upon the delivery of any future functionality or features not specified herein or dependent upon any oral or written, public or private comments made by Posit with respect to future functionality or features for Posit AI.

No Informal Waivers. Our failure to act with respect to a breach of these Service Terms by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Posit AI.

Assignment and Delegation. You may not assign or delegate any rights or obligations under these Service Terms without Posit’s consent. Any purported assignment and delegation shall be void. We may freely assign or delegate all rights and obligations under these Service Terms, fully or partially, without notice to you.

Export Control. Your use of Posit AI is subject to export and re-export control laws and regulations, including the United States Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

U.S. Government Users. Posit AI and its documentation is a “Commercial item,” “Commercial computer software” and “Computer software documentation” as defined by the Federal Acquisition Regulations (“FAR”) and Defense Federal Acquisition Regulations Supplement (“DFARS”). Pursuant to FAR 12.211, FAR 12.212, DFARS, 227.7202-1 through 227.7202-4, and their successors, the U.S. government acquires the right to use Posit AI and its documentation subject to the terms of these Service Terms.

Service Terms Applicable to Consumers in Europe.

The following terms (the “EU Terms”) apply only if you are a consumer residing in the European Economic Area, Switzerland or the UK. These EU Terms may supersede certain provisions of the Service Terms and, to the extent of a conflict between these EU Terms and the Service Terms, these EU Terms will prevail. If you do not reside in the European Economic Area, Switzerland or the UK, these EU Terms do not apply to you or your use of Posit AI.

Purchase - Cooling Off Period. Notwithstanding anything to the contrary in the Service Terms, you are entitled to cancel your purchase and request a refund without the need to state a reason during the 14 days following the date of your initial purchase of a Paid Plan. The refund will cover the relevant subscription fee prorated from the date you request cancellation to the end of the then-current month. To cancel and request a refund, please submit a request form to Support⁠.

Statutory rights. You have certain statutory rights that cannot be limited or excluded by the Service Terms, or that you are legally entitled to by virtue of being a consumer who resides in the European Economic Area, Switzerland or the UK. These Terms are in no way intended to affect or restrict those rights.

EEA consumer guarantee. If you reside in the European Economic Area, EEA consumer laws provide you with a legal guarantee covering Posit AI. If you have any questions about your legal guarantee, please submit a request form to Support⁠.

Europe Governing Law and Disputes. The following paragraphs replace the “Governing Law” and the “Dispute Resolution and Mandatory Arbitration” sections of the Service Terms.

Governing law. These Service Terms shall be governed by the internal laws of the Commonwealth of Massachusetts, U.S.A., without giving effect to principles of conflict of laws. In each case this Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods and without regard to the Uniform Computer Information Transactions Act. Notwithstanding the foregoing, the mandatory laws of the jurisdiction in which you reside may govern these Service Terms and your use of Posit AI and these Service Terms do not seek or purport to supersede such mandatory laws.

Concerns. If we have a dispute, we would first like to understand and try to address your concerns before any formal legal action. To share your concerns, please submit a request form to Support⁠.

Court. If we cannot resolve our dispute, you or we can go to your local courts.