Terms and Conditions

2.1. License Grant

Subject to your payment of Fees and compliance with all terms in this Agreement, Traversaal grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the term to use the Service. This license allows you to: (i) access and use Olive to perform data analysis and generate Output; (ii) use the API solely for developing Applications that communicate with the Service; and (iii) with prior written permission, display certain Olive Marks in compliance with our usage guidelines that we may specify.

2.2. Use Restrictions

You shall not use the Service or any Olive Mark for any purposes beyond the scope of the license granted. Without limiting the foregoing, you shall not, and shall not permit others to:

• Store, cache, or archive the Output, in whole or in part, for purposes other than for which it was generated for you.
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Service available to any third party.
• Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code or underlying models of the Service, in whole or in part.
• Circumvent or bypass rate limits or service limits through any method, including by creating multiple accounts.
• Remove any proprietary notices from the Service or its Output.
• Use the Service in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
• Use the Output as part of any machine learning, model training, or similar algorithmic activity to create a competing service.
• Use the Service to replicate or attempt to replace the core user experience of Olive.
• Attempt to cloak or conceal your identity or the identity of your Applications when using the Service.

2.3. Reservation of Rights

Traversaal reserves all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted, nothing in these Terms grants you or any third party any intellectual property rights or other right, title, or interest in or to the Service.

3.1. Eligibility and Age Requirement

By using the Service, you confirm that you are at least 16 years of age or the age of legal majority in your jurisdiction. If you are under this age, you must have your parent or legal guardian's permission to use the Service, and they must agree to these Terms on your behalf. You are responsible for your activity and the activity of anyone using your account.

3.2. Account Security

You must obtain an API Key or user credentials from Traversaal to access the Service. You may not share your API Key or credentials with any third party, must keep them secure, and must use them as your sole means of accessing the Service. You must notify us immediately of any unauthorized use.

3.3. Lawful Use

You are solely responsible for making sure your use of the Service violates no applicable laws, regulations, or third-party rights. You shall not use the Service in connection with or to promote any products, services, or materials that constitute, promote, or are used for dealing in: spyware, adware, counterfeit goods, unsolicited mass email, hate materials, or any other malicious, defamatory, obscene, or illegal activities.

3.4. Attribution

If you use the Service in an end-user product, you may use the phrase "POWERED BY OLIVE" to describe the underlying technology. We reserve the right to require you to control any use of Olive Marks. Unless we agree otherwise, you agree that we may use your company or product name and screenshots of your Application in the course of marketing, promoting, or demonstrating the Service.

3.5. Responsibility for Automated Costs

The Service may, as part of its operation, autonomously connect with and utilize third-party services, APIs, or data sources. Such interactions may incur financial costs or consume usage credits on your accounts with these external providers. You acknowledge and agree that you are exclusively responsible for all such third-party fees. Traversaal disclaims all liability for any charges that result from the Service's interaction with external services, regardless of whether those actions were initiated directly by you or autonomously by the Service's AI components. It is your sole responsibility to monitor your accounts with any connected third-party services and to manage all associated costs.

4.1. Fees

You shall pay Traversaal the fees ("Fees") set forth on the Website. Fees are due in advance of the applicable subscription term and may correspond to credits for using the Service.

4.2. Payment Terms

All payments are non-refundable, except as required by law, and shall be made in US dollars by a means specified by us. We may change our prices at any time with 30 days' notice. Credits purchased but unused during a subscription term may be used within the subscription period, subject to these Terms.

4.3. Late Payments

If you fail to pay Fees when due, Traversaal may charge interest at 1.5% per month (or the highest rate permitted by law), charge you for all collection costs (including attorneys' fees), and suspend or terminate your access to the Service.

4.4. Taxes

All Fees are exclusive of taxes. You are responsible for all sales, use, and excise taxes, and any other similar taxes or duties imposed by any governmental authority, other than taxes imposed on Traversaal's income.

5.1. Privacy Policy

To learn more about how we process personal data, you may refer to the privacy policy of this Website at olive.traversaal.ai/privacy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

5.2. Service Interruptions

The Service is intended to be available 24/7, but we do not guarantee it. We reserve the right to interrupt, suspend, or modify the Service for maintenance, system updates, technical difficulties, or force majeure events without prior notice.

6.1. Ownership

You acknowledge that, as between you and Traversaal, Traversaal and its licensors own all rights, title, and interest, including all intellectual property rights, in and to the Service, Olive Marks, and any related technology or documentation. The terms of this Agreement (including pricing) are the confidential information of Traversaal.

6.2. Feedback

If you provide any suggestions, comments, or other feedback to Traversaal related to the Service ("Feedback"), such Feedback will be treated as non-confidential. You hereby assign to Traversaal all right, title, and interest in the Feedback, and Traversaal is free to use it without any attribution or compensation to you.

10.1. Term

The term of this Agreement begins when you accept the Terms and continues until terminated.

10.2. Suspension

Traversaal may suspend your access to the Service immediately and without notice if we reasonably believe you have violated these Terms, create risk or legal exposure for us, if your account has prolonged inactivity, or for failure to pay Fees.

10.3. Termination

You may terminate this Agreement at any time by canceling your subscription in your account settings. Traversaal reserves the right to terminate your subscription at any time, with or without notice, for any reason or no reason.

10.4. Effect of Termination

Upon termination, all licenses granted to you will terminate. You must cease using the Service and destroy all copies of any Olive Marks or materials. All outstanding payments will become due.

10.5. Survival

Any terms that by their nature are intended to continue beyond termination (including, without limitation, sections on ownership, disclaimers, liability, and governing law) will survive.

11.1. Entire Agreement

These Terms, along with the Privacy Policy, constitute the entire agreement between you and Traversaal and supersede all prior agreements.

11.2. Changes to these Terms

We reserve the right to modify these Terms at any time and will inform you of such changes. Your continued use of the Service after the changes signifies your acceptance of the revised Terms.

11.3. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

11.4. Severability

If any provision of these Terms is deemed invalid or unenforceable, it shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

11.5. No Waiver

Our failure to assert any right or provision under these Terms shall not constitute a waiver of that right or provision.

11.6. Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, such as acts of God, war, terrorism, riots, embargos, or infrastructural breakdowns.

11.7. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of California, without regard to conflict of laws principles. Any legal suit, action, or proceeding will be instituted exclusively in the federal or state courts located in the County of Santa Clara, California.

11.8. Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.