Zylascope chatStar - Terms of Use (DRAFT)

Updated
September 26, 2023

Thank you for using Zylascope chatStar (referred to as "chatStar"), a service provided by Geoff Williams Music Australia. These Terms of Use apply to your use of chatStar, its application programming interface, software, tools, developer services, data, documentation, and websites (collectively referred to as "Services"). By using chatStar, you agree to these Terms. Our Privacy Policy explains how we collect and use personal information.

1. Registration and Access

To use chatStar, you must be at least 13 years old. If you are under 18, you need the permission of your parent or legal guardian. If you are using chatStar on behalf of another person or entity, you must have the authority to accept these Terms on their behalf. Artists who wish to train the chatbot on their music or art are required to sign up for a free account. Public users do not need to sign up at this time. In future versions of chatStar, there may be a requirement for public users to sign up and register a free account.

2. Usage Requirements

(a) Use of Services:

You may access and use chatStar in accordance with these Terms. You must comply with these Terms and all applicable laws when using chatStar. Geoff Williams Music Australia and its affiliates retain all rights to the Services.

(b) Feedback:

We appreciate your feedback and suggestions. If you provide feedback, we may use it without restriction or compensation to you.

(c) Restrictions:

• Use the Services in a way that infringes, misappropriates, or violates any person's rights.
• Attempt to discover the source code or underlying components of the Services, except as permitted by applicable law.
• Use output from the Services to develop models that compete with chatStar.
• Use any automated or programmatic method to extract data or output from the Services.
• Misrepresent the origin of output from the Services.
• Buy, sell, or transfer API keys without our prior consent.
• Send us any personal information of children under 13 or the applicable age of digital consent.

You must also comply with any rate limits and other requirements specified in our documentation. You may use chatStar only in geographies currently supported by Geoff Williams Music Australia.

(d) Third Party Services:

Any third-party software, services, or other products you use in connection with chatStar are subject to their own terms, and we are not responsible for third-party products.

3. Content

(a) Your Content:

You may provide input to chatStar ("Input") and receive output generated by chatStar based on the Input ("Output"). Input and Output are collectively referred to as "Content." You own all Input. Subject to your compliance with these Terms, Geoff Williams Music Australia assigns to you all its right, title, and interest in and to Output. This means you can use Content for any purpose, including commercial purposes, if you comply with these Terms. Geoff Williams Music Australia may use Content to provide and maintain chatStar, comply with applicable law, and enforce our policies. You are responsible for ensuring that Content does not violate any applicable law or these Terms.

(b) Similarity of Content:

Due to the nature of machine learning, Output may not be unique across users, and chatStar may generate the same or similar output for different users.

(c) Use of Content to Improve Services:

We do not use Content that you provide to improve chatStar. We may use Content from Services other than our API to help develop and improve chatStar.

(d) Accuracy:

ChatStar uses artificial intelligence and machine learning, and while we strive for accuracy, it may not always be perfect. You should evaluate the accuracy of any Output as appropriate for your use case.

4. Fees and Payments

ChatStar is a free service sponsored by advertising. Therefore, there are no fees or payment sections associated with the use of chatStar.

5. Copyright Complaints

If you believe your intellectual property rights have been infringed, please send a notice to the following address:

Geoff Williams Music Australia
PO Box XXXX
Maclean, NSW, Australia

Please include the following information in your notice:

• A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
• A description of the copyrighted work that you claim has been infringed upon.
• A description of where the material you claim is infringing is located on chatStar.
• Your address, telephone number, and email address.
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

6. Confidentiality, Security, and Data Protection

(a) Confidentiality:

You may be given access to confidential information related to chatStar. You must use this information only as necessary to use chatStar as permitted under these Terms. You may not disclose this confidential information to any third party.

(b) Security:

You must implement reasonable security measures to protect your access to and use of chatStar. If you discover vulnerabilities or breaches related to your use of chatStar, you must promptly notify Geoff Williams Music Australia.

(c) Processing of Personal Data:

If you use chatStar to process personal data, you must provide appropriate privacy notices and obtain necessary consents, and you represent that you are processing such data in accordance with applicable law.

7. Term and Termination

(a) Termination and Suspension:

These Terms are in effect from the date you first use chatStar and continue until terminated.

(b) Effect on Termination:

Upon termination, you must stop using chatStar and promptly return or destroy any confidential information.

8. General Terms

(a) Relationship of the Parties:

These Terms do not create a partnership, joint venture, or agency relationship between you and Geoff Williams Music Australia. You and Geoff Williams Music Australia are independent contractors.

(b) Use of Brands:

You may not use Geoff Williams Music Australia's names, logos, or trademarks without prior written consent.

(c) U.S. Federal Agency Entities:

ChatStar is commercial computer software developed solely at private expense.

(d) Assignment and Delegation:

You may not assign or delegate any rights or obligations under these Terms without written consent. Geoff Williams Music Australia may assign these Terms in certain circumstances.

(e) Modifications:

We may amend these Terms from time to time by posting a revised version on chatStar's website or notifying you through email or in-product notifications. Changes will become effective as specified in the notice.

(f) Notices:

All notices will be in writing and may be sent to the address provided in these Terms or through email.

(g) Waiver and Severability:

If you or Geoff Williams Music Australia do not enforce any provision of these Terms, it does not mean that we are waiving our rights. Except as specified in Section 8, if any part of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permitted by law, and it will not affect the enforceability of the other provisions.

(h) Export Controls:

You may not use chatStar in or for the benefit of, export, or re-export it (a) to any U.S. embargoed countries (collectively, the "Embargoed Countries") or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, any other restricted party lists (existing now or in the future) identified by the Office of Foreign Asset Control, or the U.S. Department of Commerce Denied Persons List or Entity List, or any other restricted party lists (collectively, "Restricted Party Lists"). You represent and warrant that you are not located in any Embargoed Countries and are not on any such restricted party lists. You must comply with all applicable laws related to Embargoed Countries or Restricted Party Lists, including any requirements or obligations to know your end users directly.

(i) Equitable Remedies:

You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to Geoff Williams Music Australia, and we have the right to seek injunctive relief against you in addition to any other legal remedies.

(j) Entire Agreement:

These Terms, along with any policies referenced in these Terms, constitute the entire agreement between you and Geoff Williams Music Australia regarding the use of chatStar. These Terms supersede any prior or contemporaneous agreements, communications, or understandings between you and Geoff Williams Music Australia on the same subject matter. Service-specific terms of use or applicable enterprise agreements may apply in addition to these Terms.

(k) Jurisdiction, Venue, and Choice of Law:

These Terms are governed by the laws of the State of New South Wales, excluding its conflict of law principles. Any claims arising out of or relating to these Terms will be exclusively brought in the federal or state courts of New South Wales, Sydney, Australia, except as provided in the "Dispute Resolution" section.