User Terms of Service

Last Updated: 25 Dec 2023

Effective: 1 June 2023

Dear User,

Thank you for choosing Kompas.ai.

Kompas.ai (“Application”, “Platform”) is the property of ByteBridge Co., Ltd. (“we”, “our”, “us”, “company”). This Terms of Service (“Agreement”) is made between you (“you”, “your” or “user”) and the company and is legally binding between you and the company.

Kompas.ai is an online software-as-a-service platform and Service means including any related APIs provided by the Platform, together with all related mobile and desktop applications, and Add-ons to which you subscribe.

The company hereby reminds you that you must carefully read the full content of this Agreement and other documents mentioned in this Agreement before using the Platform.

Particularly, you must carefully read the section of “Disclaimer and Limitation of Liability”. You must make sure that you fully understand the whole Agreement and evaluate the risks of using the Platform on your own.

Confirmation and Acceptance of this Agreement

  1. By accessing or using the Service, you are considered to have read and accepted this Agreement, which immediately becomes legally binding on both you and the company.
  2. You also agree to abide by our Acceptable Use Policy, which is included in these Terms. Both the Terms and Acceptable Use Policy apply to your use of the Services.
  3. Your access to and use of our Services may be subject to additional terms, which will be provided to you periodically. You can find the terms and conditions of any additional agreements directly on the Platform, our website, or by request, and they are incorporated into this Agreement.
  4. The company may, at its discretion, modify or replace this Agreement at any time. The modified Agreement will take effect automatically once it is posted on the Platform, and you will not receive separate notification. If you disagree with the modifications, you must immediately cease using the Platform. Continuing to use the Platform after any modification to this Agreement indicates your acceptance of the modified Agreement.
  5. If you are under 18 years old, lack the legal capacity for civil acts, or have limited capacity for civil acts, please use the Platform under the guidance of your parents or guardians.
  6. Our Privacy Policy explains our practices regarding personal data, including the types of personal data we collect from you, how we use it, and how we share it.

Individual User, Authorized User And Customer

As an individual user, you can access the services by registering a personal account. This enables you to upload, review, or delete user content and personal data in compliance with the law and terms of service.

If you receive an invitation from a Customer, such as your employer, who has agreed to Customer Terms of Service, you can become an authorized user. The Customer will have their own dedicated Workspace (a unique domain where a group of users can access the Services) on the platform and may invite you to use it or specific parts of the services. They will provide you with a verification code or invite-link for authorization. It is important to share this only with the Customer's administrative personnel.

The Contract outlines our commitment to delivering the Services to the Customer, who can then invite Authorized Users to join their workspace(s). When an Authorized User, including yourself, submits content or information to the Services (referred to as "Customer Data"), you acknowledge that the Customer owns the Customer Data and the Contract grants them various choices and control over it. For example, the Customer can manage access to the Services, enable or disable integrations, control permissions, retention and export settings, transfer or assign workspaces, share channels, or merge workspaces and channels. These choices and instructions may result in accessing, using, disclosing, modifying, or deleting certain or all Customer Data.

The Relationship Between You, Customer, and Us

Regarding the responsibilities and obligations related to customer data, you acknowledge and agree that it is solely the customer's responsibility, not ours, to:

The Platform does not provide any express or implied representations or warranties to you regarding the services. The services and any third party software are provided to you on an "as is" and "as available" basis.

Your Account

To access certain Services, you must create an appropriate account. When creating an account, it is important to provide accurate and up-to-date information. You are responsible for maintaining the confidentiality of your account and password, as well as restricting access to your computer.

You agree to accept responsibility for all activities that occur under your account or password. Transferring or assigning your account to another person or entity is not allowed. Please note that the company is not responsible for any unauthorized access to your account resulting from theft or misappropriation.

We do not knowingly collect personal information from individuals under the age of thirteen, both online and offline. If you are under 18, you may only use the Platform with the permission of a parent or guardian. You are accountable for any account activity conducted by a minor using your account.

The company reserves the right to refuse or cancel service, terminate accounts, or edit content at our sole discretion.

Intellectual Property Rights

The Service and its associated intellectual property rights, including but not limited to the rights pertaining to the use of information, images, user interface, logos, trademarks, trade names, and Internet domain names, are and will remain the exclusive property of the company and its licensors. Unauthorized use of our trademarks and trade dress in connection with any product or service is prohibited without the prior written consent of the company.

Except as explicitly stated hereafter, the company does not assert any intellectual property rights over the data that clients upload or store on the dashboard, our servers, or process through the platform. All rights, titles, and responsibilities pertaining to the data shall remain with you, and the company disclaims any rights or liabilities associated with it, except for the specified exceptions.

Third Party Software

The Platform contains specific software components that are obtained from third parties and are governed by the terms and conditions set forth by those third parties ("Third Party Software"). Here is the list:

Software Name Function
serpAPI Search service
Browserless Web page rendering service
Google Google login
Apple Apple ID login
Microsoft Microsoft ID login
Azure (Image) Image recognition service
Azure (Open AI GPT) Open AI GPT service
Open AI (GPT) Text generation service (GPT)
Open AI (Speech) Speech-to-text service
play.ht Text-to-speech service
Cloudflare (Image) Image storage service
Cloudflare (File) File storage service
pinecone Vector data storage service
Google Cloud Platform Cloud hosting and infrastructure
AWS Log management and storage
Notion Notion content retrieval
Mongodb Multi-cloud document storage service

By using our services, you are required to comply with the Product Usage of Open-Source Software with Third-party Licenses.

These Third Party Software components are not bound by the terms and conditions outlined in the terms. Instead, each individual item of Third Party Software is licensed separately based on the accompanying license terms. The Platform does not impose any restrictions on your rights nor does it grant you rights that surpass those provided in the terms and conditions of any applicable license for the Third Party Software.

API

The Platform may provide an application programming interface (API) that offers additional methods to access and utilize the Service. The API is an integral part of the Service, and your usage of the API is governed by these Terms. We retain the right to modify or terminate your access to the API, either in whole or in part, with or without prior notice. Please note that the API may undergo changes and updates, and it is your responsibility to ensure that your usage of the API remains compatible with the latest version.

Feedback

If you choose to provide any feedback or comments to the Platform regarding the Services ("Feedback"), all such Feedback will become the exclusive property of the Platform, and you hereby assign any rights or interests you may have in such Feedback to the Platform. The Platform has the right to utilize and disclose the Feedback in any manner and for any purpose at its discretion, without providing any compensation, payment, or recognition to you. However, please note that the Platform is not obligated to review, consider, or implement such Feedback.

Despite the above, the Platform may use and publish your testimonials and Feedback about the Services in its publications, presentations, and marketing materials.

Input and Output

You have the option to provide input to be processed by the Platform ("Input") and receive the corresponding output generated by the Platform based on your Input ("Output"). When utilizing the Application, both the Input and Output are considered your Customer Data. It is your sole responsibility to develop, create, operate, maintain, and use your Customer Data. You agree to ensure that your Input, use of the Platform, and Output will not (i) violate any applicable laws, (ii) violate the Platform Terms, the Agreement, or our Acceptable Use Policy, or (iii) infringe upon or misappropriate our rights or the rights of any third party.

We do not accept any liability for the content submitted by users of the Services. And we do not accept any liability for the content generated by users using the Platform.

In situations where User Content, including Messages or Documents uploaded to the Workplace, does not comply with the Terms, we reserve the right to remove such content without prior notice. The Platform adheres to a policy that, at its discretion and in appropriate circumstances, disables or terminates the accounts of users who infringe upon the copyrights or intellectual property rights of others.

You understand that because of the nature of machine learning and the technology behind the Platform features, the generated Output may not be unique, and it is possible for the Platform to produce the same or similar output as a third party.

Kompas.ai Feature Use Restrictions

You are prohibited from using the Platform or the Output in the following ways: (i) developing the Platform models or similar large-scale models that directly compete with the Platform, (ii) misleading individuals by presenting the Output as solely generated by humans, (iii) generating spam or content intended for distribution in electoral campaigns, or (iv) using the service in a manner that violates technical documentation, usage guidelines, or specified parameters.

Third Party Provider Policies

When using the Platform, it is important to adhere to the related Language Model Service Providers’ Policies and Guidelines. Any usage of the Platform features that violates any Language Model Service Providers’ Policies is strictly prohibited, including their Content Policy; Sharing and Publication Policy; and Community Guidelines.

Monitoring And Enforcement; Termination

Any content you post, upload, share, store, or provide through the Services is considered your "User Submission." The responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or rights to use all Customer Data lies solely with the Customer.

When using Interactive Services, you must comply with all local laws and regulations. You must not upload or store data that includes the following:

We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

Your Account Termination

You have the option to delete your Personal Workspace(s) at any time through our account management page. Once you request to delete a Personal Workspace, all the Content within it will immediately become inaccessible. After a period of 30 days, the User Content will be permanently deleted from our servers and cannot be recovered. Similarly, if you delete some but not all of the User Content marked as private within your Personal Workspace, after 30 days, that specific User Content will be permanently deleted from our servers and cannot be recovered. Please note that any User Content transferred to an Organizational Workspace will be retained in that Workspace even after the termination of your Personal Workspace.

Privacy Policy

For detailed information about how we collect and use data regarding the use and performance of our products, please refer to our Privacy Policy.

Please note that the Platform does not "sell" any of the data we collect about you. And we are committed to maintaining appropriate administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of your Personal Data. However, please note that we cannot guarantee the security or confidentiality of any transmissions made over the Internet. You understand and agree that any content or information you submit or transmit to us through the Internet (including emails) is not encrypted and may be vulnerable to interception during transmission.

Additionally, if you choose to use the public features of the Services, please be aware that any data provided in those features may become publicly accessible.

Security

It is your responsibility to implement reasonable and suitable measures to ensure the security of your access to and usage of the Services. If you identify any vulnerabilities or breaches in relation to your use of the Services, you must immediately notify the Platform and provide comprehensive information about the identified vulnerability or breach.

The Platform regards all data submitted to our platform as confidential. Our platform employs various security measures, including encryption of static data and data in transit, access control management, and monitoring, to ensure that only authorized users can access and manage the data.

To safeguard privacy, all metadata and private user information within the Platform are encrypted using AES-256. We utilize Google Cloud, Pinecone (GCP), Cloudflare, and Microsoft Azure for cloud storage. When an authorized user accesses data protected by KMS-based security, the data is automatically decrypted. Additionally, Auth0 is employed by the Platform for authentication purposes to prevent the leakage of private and sensitive data.

During the transfer of data between clients and the Platform's server, Transport Layer Security (TLSv1.2+) encryption is employed. Once the data enters the Platform's internal network, port restrictions ensure that it is transmitted through secure channels such as HTTPS and SSH, further enhancing protection.

Subscriptions

Certain parts of the Service, including Add-ons, are available to you through paid subscriptions ("Subscriptions"). The pricing and features included in each Subscription Plan are outlined on our pricing page at https://kompas.ai/pricing.

"Subscription Fees" refer to all the fees associated with your Subscription. Additional terms and conditions ("Supplementary Terms") may apply to the specific Subscription you choose or when you activate certain features. If Supplementary Terms are applicable, we will present them to you before you make a purchase or enable the feature.

You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set on a monthly or yearly basis. Regardless of whether you have chosen monthly or yearly billing, your account may be charged monthly.

Auto-Renewal: By agreeing to these terms, you acknowledge that your Subscription will automatically renew at the end of each Billing Cycle, and your payment method will be charged at the beginning of each new Subscription period for the applicable fees and taxes, under the same conditions as the previous Billing Cycle, unless you cancel your Subscription before the renewal date.

To process the payment for your Subscription, a valid payment method, such as a credit card, is required. The payment processing and related functions are powered by Stripe. TATASTAR (HONGKONG) LIMITED, the parent company, has entered into an agreement with the Stripe platform for payment processing. You must provide accurate and valid payment method details. By submitting this payment information, you authorize the Platform to charge all Subscription Fees incurred through your account to the provided payment method.

Please note that Stripe is responsible for collecting and storing any necessary information related to the payment, and we do not have access to or store any of your payment information for payment processing, deposit, damage reimbursement, and other necessary purposes related to liabilities. For more details, please go to Stripe privacy section(https://stripe.com/legal/privacy-shield-policy).

If automatic billing fails for any reason, Stripe may attempt to charge the credit card on file one or more times. If payment continues to fail, the Platform reserves the right, at its sole discretion, to cancel or downgrade the Subscription, and you may lose access to certain paid features, your Workspace, and your Platform account.

If you opt for a subscription through a third party like Apple, your use of the debit or credit card will be governed by the terms and conditions outlined by that third party. The accepted payment methods can differ depending on your location. Kompas AI disclaims any responsibility and does not assume liability for the actions or omissions of such third parties.

You have the option to cancel your Subscription either through your online account management page or by contacting the Platform customer support at [email protected] and indicating your intention to cancel.

Fees and Fee Changes

The Platform reserves the right to modify the Subscription Fees for Subscriptions, including Add-Ons, at its sole discretion and at any time. Any changes to the Subscription Fees will take effect at the end of the current Billing Cycle.

We will provide you with reasonable prior notice of any changes to the Subscription Fees. By continuing to use the Service, you agree to pay the modified Subscription Fees.

The Subscription Fees do not include any taxes or similar government assessments, such as value-added, sales, use, or withholding taxes, that may be imposed by any jurisdiction ("Taxes"). You are responsible for paying all Taxes associated with your Subscription, except for those taxes based on our net income. If any payment for the Service is subject to withholding tax by any government, you will reimburse us for such withholding tax.

Add-on Package And Extra Message Credits Charges

We offer extra services and additional credit purchase. The extra charges are outlined on our pricing page at https://kompas.ai/pricing

API Brokerage Service

We take care of all the aspects related to accessing and managing the APIs you require. Your only responsibility is to pay us the equivalent cost of using the API as you would pay to the LLM vendors (such as Microsoft Azure Open AI). The specific pricing may vary based on the LLM vendor's rates and policies, and this fee is independent of your subscription.

Free Trial and Beta Products

At our discretion, we may offer you the opportunity to participate in a Trial Subscription for the Paid Services, which allows you to access and use the services for a specified number of days. The free trial enables you to access all features offered in the Standard Plan without any charges, and it also provides free access to the relevant Large Language Model. And the free Trial Subscription can be made without a credit card.

If you are participating in a Free Trial, you have the option to cancel at any time before the last day of the trial. After the trial period, your account will be automatically downgraded to the free plan.

The Platform reserves the right, without notice, to (a) modify the terms and conditions of any Free Trial offer, (b) cancel any Free Trial offer, or (c) cancel any Free Trial Subscription at any time.

If either you or the Platform cancels the Free Trial, you acknowledge and agree that all your User Content or data associated with the Workspace assigned to the Free Trial will be deleted within 30 days.

If you want to continue to use the Service, you should authorize us to charge your credit card or other payment method for the ongoing use of the paid Service.

During the Free Trial and Beta Trial, you are required to comply with the User Terms of Service.

Refund Policy

There will be no refunds for partially used Subscription periods.

Mobile App Terms

You are responsible for ensuring that you have the necessary mobile device, wireless service plan, software, internet connections, and other equipment or services to download, install, and use the mobile application versions of the Service (referred to as the "App"). We cannot guarantee the availability of the App on all devices or with all service plans, nor can we guarantee its availability in specific geographic locations.

As part of the Service and to keep you informed about delivery status, you may receive various types of messages directly related to the App, such as push notifications, local client notifications, text messages, picture messages, alerts, emails, or similar communications (referred to as "Push Messages"). Please note that your wireless service provider may charge you for data usage, text messaging, wireless access, and receiving Push Messages when using the App. You have control over the Push Messages settings and can choose to enable or disable them through the Service or your mobile device's operating system, except for infrequent, important service announcements, and administrative messages.

We recommend checking with your wireless service provider to understand the applicable fees for accessing and using the App, including the receipt of Push Messages from the Platform. You are solely responsible for any fees, costs, or expenses incurred in downloading, installing, and using the App on your mobile device, as well as for receiving push messages from the Platform.

Disclaimer

YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICES AND ANY THIRD PARTY SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IT IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.THE PLATFORM DOES NOT OFFER ANY TECHNICAL SUPPORT, WARRANTIES, OR REMEDIES FOR THE LICENSED SOFTWARE.

THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, BE SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

THE COMPANY DOES NOT MAKE ANY WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE PLATFORM. WE DO NOT ACCEPT ANY LIABILITY FOR THE CONTENT GENERATED BY USERS USING THE PLATFORM. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY THE PLATFORM FEATURE IS DONE AT YOUR SOLE RISK. YOU SHOULD NOT RELY ON FACTUAL ASSERTIONS IN THE OUTPUT WITHOUT INDEPENDENTLY FACT-CHECKING THEIR ACCURACY. THE OUTPUT MAY APPEAR ACCURATE DUE TO SPECIFIC DETAILS BUT MAY STILL CONTAIN MATERIAL INACCURACIES. THE PLATFORM CANNOT DYNAMICALLY RETRIEVE INFORMATION, AND THE OUTPUT MAY NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYING FACTS THAT OCCUR AFTER THE AI MODEL WAS TRAINED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. HOWEVER, WE AND THE PLATFORM’S LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THESE USER TERMS OF SERVICES IS LIMITED TO ONE HUNDRED DOLLARS ($100) IN TOTAL. THESE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY'S RIGHT TO SEEK EQUITABLE RELIEF.

YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICES, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU ARE UNSURE ABOUT THE APPLICABLE CHARGES, PLEASE CONSULT YOUR SERVICE PROVIDER BEFORE USING THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY CARRIER, COPYRIGHT OWNER, OR OTHER USER, IS SOLELY BETWEEN YOU AND SUCH THIRD PARTY. YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Waiver

The failure or delay by either party in exercising any right under the User Terms, including the Acceptable Use Policy, shall not be deemed as a waiver of that right. Any waiver of rights under the User Terms must be made in writing and signed by an authorized representative of the party granting the waiver to be effective.

Severability

The User Terms, including the Acceptable Use Policy, will be fully enforced in accordance with applicable law. If any provision of the User Terms is determined by a court of competent jurisdiction to be unlawful, that provision will be modified by the court to achieve the original provision's objectives to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain valid and enforceable.

Indemnification

To the fullest extent permitted by applicable law, you agree to protect, indemnify, and hold the company, its parent company, subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, and advisors harmless from any and all claims, liabilities, costs, and expenses, including attorneys' fees and expenses, that arise from a breach of these Terms by you or any user of your account or from a breach of your obligations, representations, and warranties under these Terms.

Governing Law; Venue; Fees

The User Terms, including the Acceptable Use Policy, and any disputes arising from or related to them, shall be governed by the laws of Hong Kong. Any arbitration shall be submitted to the Grand Court of Hong Kong. The arbitration decision and awards shall be final and binding on the parties.

In any action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover its reasonable costs and attorney's fees.

Links To Other Web Sites

Our Service may include links to third-party websites or services that are not owned or controlled by the company. We are not responsible for the content or privacy and security practices of third party websites. If you choose to access any of the linked third-party websites through this Website, you do so entirely at your own risk and are subject to the terms and conditions of use for those websites.

Force Majeure

Neither the company nor you shall be held responsible for damages or for any delays or failures in performance resulting from acts or events beyond their reasonable control. These acts or events may include, but are not limited to, fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion, acts of civil or military authorities, public enemies, any law, order, regulation, ordinance, or requirement of any government or legal body, labor unrest, inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Entire Agreement

The User Terms, including any terms incorporated by reference, constitute the complete agreement between you and us, overriding all previous and contemporaneous agreements, proposals, or representations, whether written or oral, regarding the subject matter. In the event of any conflict or inconsistency between the provisions in these User Terms and any referenced pages, the terms of these User Terms will take precedence.

However, if there is a conflict or inconsistency between the Contract and the User Terms, the terms of the Contract will prevail, followed by the provisions in these User Terms, and then the referenced pages (such as the Privacy Policy). It is your responsibility to notify Authorized Users of any conflicts or inconsistencies, and until then, the terms outlined herein will be binding.

Contact Us

If you have any inquiries regarding the Platform's User Terms of Service, please do not hesitate to reach out to us. You can contact us at [email protected].