This Terms of Use (“Terms”) applies to users of our product (“DoWhile Chat”) and other products that may be launched in future and available on our website  https://dowhile.ai/ ("Site") and the general usage of the Site. These Terms are between the user of DoWhile Chat and our Site (hereinafter referred to as "You", "Your" or “User”) and CollectivAI Inc. (hereinafter referred to as "We", "Us", "Collectiv.AI", "DoWhile.AI" or "Our") - owner of DoWhile.AI and DoWhile Chat.

The purpose of these Terms is to provide clarity about the covenants that apply to Your use of Our Site and DoWhile Chat. By registering as a User for DoWhile Chat or using Our Site, You acknowledge that You have read, understood, and agreed to be bound by these Terms. If You do not agree to these Terms, You are not permitted to use Our Site and DoWhile Chat.

1. SERVICES 

DoWhile .AI helps developers and engineers to ship code faster and more reliably. We do this by providing contextual answers to code-related question. DoWhile.AI is powered by a DoWhile Chat that has been trained on a dataset of code and documentation. DoWhile AI uses Large Language Models to understand the context of the code. This allows DoWhile Chat to understand the context of code questions and to provide accurate and helpful answers.

2. USER OBLIGATION 

   By using DoWhile Chat, You agree that- 

• You may provide information technology-related information (“Input”) to DoWhile Chat in exchange for an AI-generated response (“Output”); 

• You are either a legal entity or an individual aged eighteen (18) years or older who has the ability to enter legally binding agreements;

• You take full responsibility for protecting and preserving the secrecy of Your username and password;

• You grant permission to DoWhile .AI to assume that anyone using Your login credentials on the Site or DoWhile Chat is either You or has Your permission to do so; 

• in case You suspect any unauthorised use of Your account, You will inform Us immediately;

• any third-party software, services, or other products You use in connection with DoWhile Chat are subject to their own terms, and We are not responsible for third-party services/products;

• We may establish general practices and limits concerning Your use of DoWhile Chat, including but not limited to, the Output, the maximum number of times (and the maximum duration for which) You may access DoWhile Chat in a given period of time;

• We reserve the right to log off Your DoWhile Chat account that has been inactive for an extended period of time; 

• You shall put into practice reasonable and suitable measures to ensure the security of Your access to and use of DoWhile Chat; 

• in case You identify any vulnerabilities or breaches related to Your use of DoWhile Chat, You must immediately inform Us and provide comprehensive details about the vulnerability or breach; and 

• in case You use DoWhile Chat to process personal data (as defined in Our Privacy Policy), You confirm that You are processing such data in accordance with applicable laws. If You intend to employ the DoWhile Chat for processing "personal data" as outlined in the General Data Protection Regulation, 2016 or "Personal Information" as per the California Consumer Privacy Act definition, You may refer to Our Privacy Policy. 

  
  By using DoWhile Chat, You agree not to commit or allow any User to commit the following acts- 
  
  

• Use DoWhile Chat in any scenario or context in which its malfunction could result in the loss of life or significant financial, reputational or physical harm to an individual, or in substantial physical or environmental destruction; 

• Utilise the DoWhile Chat in a manner that might hinder, cause detriment to, or inflict damage upon Our Site, any service or application of DoWhile Chat, or the usage of DoWhile Chat by anyone; 

• Utilise DoWhile Chat to disturb, obstruct, or make an effort to attain unauthorised entry to any person’s (hereinafter considered as a legal entity or otherwise) services, servers, or networks;

• Perform reverse engineering, decompilation, or disassembly of DoWhile Chat, except and exclusively allowed by Us, whether for commercial purpose or otherwise; 

• Utilise the Output combined with any open-source software or other information governed by an open-source license that could undermine the copyright safeguarding of the Output;

• Use DoWhile Chat in any way that threatens the integrity, performance, or reliability of DoWhile Chat or any of Our products or services, including performance or stress testing, or in any manner that works around any technical limitations in DoWhile Chat;

• Sell, rent, sub-license, reproduce, duplicate transfer, assign or distribute for any commercial purpose the Output generated from DoWhile.AI; 

• Circumvent or bypass the prescribed limits on DoWhile Chat or Our Site by any means or in any manner, including by creating multiple accounts;

• Impersonate any person or entity, including, but not limited to, an official from DoWhile.AI;

• Guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity; 

• Provide any Input to DoWhile Chat that You do not have a right to transmit under any law or under contractual or fiduciary relationships; and 

• Utilise DoWhile Chat in a manner that goes against relevant regulations, encompassing:

• Engaging in unlawful actions, like child pornography, gambling, piracy, or infringing upon copyright, trademark, or other intellectual property statutes;

• Having the intention to exploit minors in any form;

• Accessing or permitting any person to access an Application Programming Interface (“API”) from countries under embargo;

• Engaging in activities that involve threatening, stalking, defaming, defrauding, demeaning, harming, or intimidating any person for any cause; and 

• Breaching applicable privacy regulatory framework and rules.

3. LICENCE

   • DoWhile.AI is safeguarded by copyright, trade secrets, and other intellectual property regulations. We provide You with a restricted, non-exclusive, non-transferable privilege and authorisation to utilise DoWhile Chat and Our Site, as per the stipulations of these Terms. 
     
     

   • You may not use DoWhile.AI’s or any of its affiliates’ names, logos, or trademarks, without prior written consent. Aside from the rights explicitly granted to You under these Terms, DoWhile.AI  retains all other rights, ownership, and interest in DoWhile Chat and the foundational technology employed for providing DoWhile Chat. 
     
     

   • You agree and acknowledge that DoWhile.AI exclusively holds the prerogative to uphold, enrich, or otherwise alter DoWhile Chat, unless explicit permissions are granted to You in a separate agreement with DoWhile.AI.
     
     

   • If You suspect that Your intellectual property rights have been violated, kindly reach out to us at team@collectivai.com. We retain the right to remove or deactivate content that is claimed to be infringing and might terminate the accounts of users who repeatedly infringe on intellectual property rights.

4. FEES AND PAYMENTS 

   By accessing and using DoWhile Chat, You may be asked to pay the applicable subscription fees as specified during the registration or subscription process. These fees are outlined based on the selected plan, usage level, and duration of subscription.

   • Payment for subscription fees is due according to the chosen subscription plan. You shall provide accurate and complete payment information, and You agree to authorise Us to charge the provided payment for the specified fees. You understand that failure to provide valid payment details or maintain up-to-date payment information may lead to interruption or termination of Your access to DoWhile Chat or the Site.

   • Subscription fees are billed on a recurring basis, typically monthly or annually, as per the selected subscription plan. The billing cycle commences from the date of registration or subscription activation.

   • Unless You opt out of automatic renewal through Your account settings or by notifying Us in writing, Your subscription will automatically renew at the end of each billing cycle. You authorise Us to charge the relevant subscription fees to the payment method provided unless otherwise specified.

   • We reserve the right to modify subscription fees, applicable charges, or pricing structure at Our discretion. We will provide reasonable advance notice of any changes to fees, and You will have the option to accept the new fees or cancel Your subscription before the changes take effect.

   • All fees are exclusive of any applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying any such taxes associated with Your use of DoWhile Chat.

   • Subscription fees are non-refundable, except as required by applicable law or as expressly stated in our refund policy.

   • In case of overdue payments or payment discrepancies, We reserve the right to suspend or terminate Your access to DoWhile Chat or the Site until outstanding payments are resolved.

   • We utilise secure third-party payment processors to handle payment transactions. We do not store or retain Your payment-related information on Our servers.

   • If You believe there is an error or discrepancy in the charges billed to Your account, You must notify Us within three (3) days of being charged. Failure to do so will waive Your right to dispute such charges.
     
     
     

5. USE OF DoWhile CHAT’S OUTPUT
   

   • You are responsible for the Output You generate, including ensuring that it does not breach any applicable law or these Terms. This includes the chat data shared by You with other users. 

   • Owing to the nature of machine learning, the Output may not be unique across Users and might generate identical or similar responses for both DoWhile.AI users and other Users. Responses that are generated for other users are not considered part of an Output generated by You. 

   • Any feedback from Your end to DoWhile Chat might be utilised to aid in the development and enhancement of DoWhile Chat. If You prefer Your feedback not to be employed for improving DoWhile Chat, You have the option to opt-out by reaching out to Us. It's important to note that this might, in some cases, limit the capacity of DoWhile Chat to effectively cater to Your specific use case.

   • Artificial intelligence and machine learning are rapidly evolving domains of study. We consistently strive to enhance DoWhile Chat to ensure accuracy, reliability, safety, and utility. Given the probabilistic nature of machine learning, there could be instances where using DoWhile Chat results in incorrect Output that doesn't precisely reflect real people, places, or facts. It is advisable to assess the accuracy of any Output based on Your intended application, which could involve human review of the generated Output.

   • You agree and acknowledge that You are not situated within any embargoed countries and are not listed by any of the aforementioned government bodies. 

6. CONFIDENTIALITY

   • Confidential Information pertains to non-public information designated as confidential by DoWhile.AI, its affiliates, or third parties, or information that should reasonably be considered confidential under the given circumstances. This includes software, specifications, and other non-public business-related details. Confidential Information excludes information that: becomes publicly available without Your involvement; You already possessed without any confidentiality commitments when You received it under these Terms; was properly disclosed to You by a third party without any confidentiality obligations; or You independently developed without utilising Confidential Information. 

   • You may gain access to Confidential Information from Us, Our affiliates, and other third parties. You are only permitted to use Confidential Information as required to utilise DoWhile Chat in line with these Terms. 

   • Disclosing Confidential Information to any third party is prohibited, and You are obligated to safeguard Confidential Information to the same extent as You would protect Your own confidential information of a similar nature, employing at least reasonable care. 

   • If required by law or an authoritative court or governmental order, You can reveal Confidential Information, provided You give reasonable prior written notice to DoWhile.AI and make reasonable efforts to restrict the scope of disclosure. You should also assist in challenging the disclosure requirement, whenever feasible.

7. INDEMNIFICATION

   • DoWhile Chat is provided in its existing state. Unless prohibited by law, We, along with Our affiliates and licensors, do not offer any warranties (whether express, implied, statutory, or otherwise) regarding DoWhile Chat. We disclaim all warranties, which include but are not limited to warranties of merchantability, fitness for a specific purpose, satisfactory quality, non-infringement, and peaceful enjoyment. Furthermore, We disclaim any warranties arising from any prior dealings or customary usage in trade. We cannot guarantee that DoWhile Chat will be continuous, precise, or devoid of errors, or that any content will remain secure and unaltered.

   • You shall protect, reimburse, and absolve Us, Our associates, and Our staff from any claims, losses, and costs (comprising legal fees) that arise due to or are connected with Your use of DoWhile Chat, encompassing Your Input and the Output that DoWhile Chat generates due to the same, as well as any infringement of these Terms or violation of relevant applicable legislation.

   • Neither We nor any of Our affiliates or licensors shall be held liable for any indirect, incidental, special, consequential, or exemplary damages, including damages resulting from the loss of profits, goodwill, use, data, or other similar losses. This applies even if We have been informed about the potential of such damages. Our overall liability under these Terms will not exceed the higher of the amount You paid for DoWhile Chat that led to the claim within the 12 months prior to the emergence of the liability, or one hundred dollars ($100). The limitations specified in this section are applicable to the maximum extent allowed by applicable law.

   • These Terms do not establish a partnership, joint venture, or agency association between You and DoWhile.AI or any of Our affiliates. You and DoWhile.AI operate as separate entities, and both parties are independent contractors. 

8. TERM AND TERMINATION

   • With regard to the term and termination of Your use of DoWhile Chat and Our Site, You acknowledge and agree that- 

   • these Terms come into effect when You visit Our Site, or first utilise DoWhile Chat. You have the option to terminate these Terms at any point for any reason by discontinuing Your use of DoWhile Chat and the Site. 

   • We retain the right to alter or terminate Your access to DoWhile Chat (or any portion of it), on a temporary or permanent basis, at any point and without prior notification. You consent to the understanding that We shall not be held accountable to You or any third party for any adjustments, pauses, or terminations of DoWhile Chat.

   • We hold the authority to promptly terminate these Terms after notifying You, in the event of a substantial violation of Sections two (2) (User Obligation), six (6) (Confidentiality), or nine (9) (Governing law and dispute resolution), shifts in relationships with third-party technology providers beyond Our control, or for the purpose of complying with legal requirements or government requests. 

   • Your access to DoWhile Chat may be suspended if You fail to comply with these Terms if Your usage poses a security threat to Us or any third party, or if there is a suspicion of fraudulent use that might potentially result in liability for us or any third party.

   • Upon termination, You agree to discontinue the use of DoWhile Chat and the Site and without delay either return or, if directed by Us, eliminate any Confidential Information. The portions of these Terms that, due to their inherent nature, ought to remain effective after termination or expiry will persist, encompassing but not limited to sections three (3) and five (5)- nine (9).

9. GOVERNING LAW AND DISPUTE RESOLUTION

   • These Terms, along with any distinct agreements through which We offer You with any other service, will be regulated and interpreted according to the laws of India.

   • You recognize that any violation or breach of these Terms could result in irreversible damage to Us and Our affiliates. Consequently, We reserve the right to pursue injunctive relief against You, alongside other available legal remedies.

   • Both You and DoWhile.AI concur to address any existing or past claims related to these Terms via conclusive and binding arbitration.

   • Prior to initiating formal legal actions, it is Our intention to comprehend and attempt to address Your concerns. Before pursuing a claim against Us, You consent to try to resolve the dispute informally by sending Us a notification at team@collectivai.com, including Your name, a description of the dispute, and the remedy sought.

   • If We are unable to resolve the dispute within 60 days, You may initiate a formal proceeding. During the 60-day resolution period, any statute of limitations will be paused. 

   • If any portion of this section is found to be illegal or unenforceable under any applicable law, the remaining parts will continue to be effective. 

10. SERVICE AVAILABILITY & SUPPORT

    Whilst We will endeavour to provide the DoWhile Chat-based services in an uninterrupted manner, the User understands that the same is subject to maintenance downtimes, service interruptions which may render DoWhile Chat inaccessible for certain period of time. User understands and affirms that DoWhile.AI shall assume no liability or responsibility in this regard. For any requests regarding support for the usage of DoWhile Chat or for reporting any issues, You may reach our to us as team@collectivai.com. 

11. SURVIVAL, SEVERABILITY & WAIVER: 

    All terms and provisions of these Terms that should by their nature survive the termination shall so survive. If any provision of these Terms is held invalid, void, or unenforceable to any extent, that provision will be enforced to the greatest extent permitted by law and the remaining provisions of the Terms shall remain valid and enforceable. No delay or failure by DoWhile.AI in exercising any right or power under these Terms will impair any such right or power or be construed as a waiver of or acquiescence in any default. No single or partial exercise of any right or power will preclude the further exercise of that right or power or the exercise of any other right or power.

12. CHANGES TO THESE TERMS

    You have the option to review the most recent edition of the Terms on this page whenever You wish. We hold the authority, solely at Our discretion, to revise, modify, or substitute any section of these Terms by publishing updates and modifications on Our Site. It is Your duty to periodically review Our Site for alterations. Your ongoing utilisation of or access to Our Site or DoWhile Chat after any modifications to these Terms have been posted signifies Your acceptance of those changes.

These Terms were last revised on 30th August, 2023.