Terms of Use

The following terms and conditions govern all use of the Langtail websites and all content, services and products available at or through langtail.com (collectively, “Website”). The Website is owned and operated by LANGTAIL.COM s.r.o., a company based in Prague (“Langtail”, “we” or “us”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Langtail’s Privacy Policy) and procedures that may be published from time to time on this Website by Langtail (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Langtail, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your Langtail Account

If you create an account on the Website, you are responsible for maintaining the security of your account and credentials, and you are fully responsible for all activities that occur under the account. You must immediately notify Langtail of any unauthorized uses of your account or any other breaches of security. Langtail will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Fees and Payments

The Website is provided for a fee as set forth on the Website. Unless agreed otherwise, all fees shall be paid within 15 days from receipt of an invoice. Amounts not paid when due shall be subject to a late payment charge of 1.5% per month or the maximum amount permitted by law, whichever is lower. All payments required by this Agreement are exclusive of any taxes, duties, tariffs, levies and withholdings (including without limitation, sales taxes, use taxes and value added taxes), and you agree to be responsible for the payment of all such charges. Should any payment for the Website be subject to withholding tax by any government, you will reimburse us for such withholding tax.

Responsibility of Contributors

If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content and you agree to hold Langtail harmless against all claims, civil or criminal, resulting from the Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;

Without limiting any of those representations or warranties, Langtail has the right (though not the obligation) to, in Langtail’s sole discretion (i) refuse or remove any Content that, in Langtail’s reasonable opinion, violates any Langtail policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Langtail’s sole discretion. Langtail will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors

Langtail has not reviewed, and cannot review, all of the material, including computer software, posted through the Website, and cannot therefore be responsible for that material’s content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Langtail disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Acceptable Use

• Compliance with Laws: The users must use Langtail in compliance with all applicable local, state, national, and international laws, rules, and regulations.
• Prohibited Conduct: The users are prohibited from using Langtail to create or disseminate unlawful, obscene, violent, threatening, harassing, defamatory, or otherwise objectionable content.
• No Interference: The users must not interfere or attempt to interfere with the proper functioning of the Langtail platform or any activities conducted on the platform. This includes introducing viruses, worms, or similar harmful code.
• No Reverse Engineering: The users must not attempt to reverse engineer, decompile, or otherwise try to extract the source code of the software making up Langtail unless expressly permitted.
• Respect Intellectual Property: The users must not infringe upon the intellectual property rights of others while using Langtail. This includes not only the use of copyrighted or trademarked material but also the unauthorized use of proprietary prompts or other IP related to the Langtail platform or services.
• No Spamming or Unsolicited Communications: Users must not use Langtail to send unsolicited communications, promotions or advertisements, or spam.
• Responsible Usage: The users are responsible for their use of Langtail and any content they generate or provide through the platform.
• API Usage: If Langtail provides API access, the users must not abuse the API by creating an unreasonable level of data requests or attempting to circumvent any usage restrictions.

Langtail reserves the right to take immediate action to suspend or terminate your account if, in its sole and exclusive discretion, you are engaging in activities that violate this Agreement. Any termination or suspension may be undertaken with or without notice to you.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Website links, and that link to Website. Langtail does not have any control over those non-Langtail websites and webpages, and is not responsible for their contents or their use. By linking to a non-Langtail website or webpage, Langtail does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Langtail disclaims any responsibility for any harm resulting from your use of non-Langtail websites and webpages. To the extent that any services, tools or content provided by third parties are integrated within the Website or provided through the Website (“Third Party Content”), the terms and conditions of the Third Party Content shall apply and you will be required to accept the applicable terms and conditions in order to use the Third Party Content within the Website.

Intellectual Property

This Agreement does not transfer from Langtail to you any Langtail or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Langtail. Langtail, its logo, and all other trademarks, service marks, graphics and logos used in connection with Langtail, or the Website are trademarks or registered trademarks of Langtail or Langtail’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Langtail or third-party trademarks. If you give feedback on the Website, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary, and implementation of that feedback is owned by Langtail and may become part of the Website without any compensation to you. You agree to grant Langtail a non-exclusive, transferable, royalty-free, sublicensable, irrevocable, worldwide license to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish and distribute the Content solely in relation to the operation of the Website, including the exercise of Langtail’s rights and obligations under this Agreement.

Changes

Langtail reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Langtail may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Langtail may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

THE WEBSITE IS PROVIDED “AS IS”. LANGTAIL AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER LANGTAIL NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.

Limitation of Liability

IN NO EVENT WILL LANGTAIL, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO LANGTAIL UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. LANGTAIL SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Langtail Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party. You or Langtail may identify the other as a user or customer and may use the other’s company name and logo in blog posts, press releases, advertisements, and on their respective websites. You also grant Langtail a non-exclusive license to use your trademarks for the purpose of referring to you within the user interface for the Website. Langtail’s right to use your name and logo may be revoked by writing to [email protected].

Indemnification

You agree to indemnify and hold harmless Langtail, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Langtail and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Langtail, or by the posting by Langtail of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

This Agreement and any access to or use of the Website will be governed by the laws of the Czech Republic excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Prague, Czech Republic.

These terms and conditions, together with Langtail’s privacy policy and any other legal notices published by Langtail on the Website, shall constitute the entire agreement between you and Langtail in relation to your use of the Website, and supersede all previous agreements in respect of your use of this Website.