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Terms of Service

Last Updated: December 12, 2024

1. Agreement to Terms

Welcome to Consul Agent ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of Consul Agent's website, applications, and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

Important: These Terms include an arbitration clause and class action waiver that affects your legal rights. Please read Section 13 carefully.

2. Definitions

  • "Service" refers to the Consul Agent platform, including all websites, applications, APIs, and related services.
  • "User," "you," or "your" refers to the individual or entity using the Service.
  • "Content" means any text, data, information, or materials uploaded, submitted, or transmitted through the Service.
  • "AI Services" refers to artificial intelligence features, including automated email responses, scheduling, and document processing.
  • "Account" means your registered user account with Consul Agent.

3. Eligibility

You must be at least 18 years old (or 16 years old in the EEA) and capable of forming a binding contract to use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

By using the Service, you represent and warrant that:

  • You meet the age requirements stated above
  • You have not been previously suspended or removed from the Service
  • Your use of the Service complies with all applicable laws and regulations
  • You have the right to grant the permissions described in these Terms

4. Account Registration and Security

4.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access to your account
  • Accept responsibility for all activities that occur under your account

4.2 Account Security

You are solely responsible for maintaining the security of your account credentials. We are not liable for any loss or damage arising from your failure to maintain account security.

4.3 Third-Party Connections

When you connect third-party services (such as Gmail, Google Calendar, or Google Drive) to your account:

  • You authorize us to access and use those services on your behalf
  • You are responsible for maintaining valid credentials with those services
  • You can revoke access at any time through your account settings or the third-party service
  • We are not responsible for changes, interruptions, or terminations of third-party services

5. Subscription and Billing

5.1 Subscription Plans

Consul Agent offers various subscription plans with different features and pricing. Current pricing and plan details are available on our website.

5.2 Payment

By subscribing to a paid plan, you agree to:

  • Pay all applicable fees according to your chosen plan
  • Provide valid payment information
  • Authorize us to charge your payment method on a recurring basis
  • Pay any applicable taxes

All payments are processed securely through Stripe. We do not store your full credit card information.

5.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current rate for your plan.

5.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period. We do not provide refunds for partial months or unused services, except as required by law.

5.5 Price Changes

We may change our pricing at any time. We will provide at least 30 days' notice before any price increase affects your subscription. Continuing to use the Service after a price change constitutes acceptance of the new pricing.

5.6 Free Trial

We may offer free trial periods for certain subscription plans. At the end of the trial period, you will be automatically charged unless you cancel before the trial ends. We reserve the right to modify or cancel free trials at any time.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Violate any applicable laws or regulations
  • Infringe upon the rights of others, including intellectual property rights
  • Use the Service to transmit spam, malware, or harmful content
  • Attempt to gain unauthorized access to any part of the Service
  • Interfere with or disrupt the Service or servers
  • Use automated scripts or bots to access the Service without permission
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Use the Service to harass, abuse, or harm others
  • Impersonate any person or entity
  • Collect or harvest data from the Service without permission
  • Use the Service for any commercial purpose without our written consent
  • Resell or redistribute the Service

We reserve the right to investigate and take appropriate legal action against anyone who violates this policy, including suspending or terminating accounts without refund.

7. AI-Powered Services

7.1 Nature of AI Services

Consul Agent uses artificial intelligence to provide automated assistance with emails, scheduling, document processing, and other tasks. AI-generated content may not always be accurate, appropriate, or complete.

7.2 Your Responsibility

You are solely responsible for:

  • Reviewing all AI-generated content before use or transmission
  • Verifying the accuracy and appropriateness of AI outputs
  • Ensuring AI-generated content complies with applicable laws and regulations
  • Any consequences arising from the use of AI-generated content

7.3 No Professional Advice

The Service does not provide legal, financial, medical, or other professional advice. AI-generated content is for informational purposes only and should not be relied upon as professional guidance.

7.4 Service Limitations

AI services may occasionally produce unexpected results, errors, or failures. We do not guarantee that AI services will be error-free, uninterrupted, or meet your specific requirements.

8. User Content and Intellectual Property

8.1 Your Content

You retain all rights to the content you submit, upload, or transmit through the Service ("Your Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to:

  • Use, process, and analyze Your Content to provide the Service
  • Use Your Content to train and improve our AI models (in aggregate and anonymized form)
  • Store and transmit Your Content as necessary to provide the Service

This license ends when you delete Your Content or terminate your account, except for content that has been shared with others or aggregated into anonymized datasets.

8.2 Your Responsibilities

You represent and warrant that:

  • You own or have the necessary rights to Your Content
  • Your Content does not violate any laws or infringe upon anyone's rights
  • Your Content does not contain viruses or malicious code

8.3 Our Intellectual Property

The Service, including all software, designs, text, graphics, and other content (excluding Your Content), is owned by Consul Agent and is protected by intellectual property laws. You may not:

  • Copy, modify, or create derivative works of the Service
  • Remove or alter any proprietary notices
  • Use our trademarks without permission

9. Third-Party Services and Links

The Service integrates with and may contain links to third-party services, including:

  • Google services (Gmail, Calendar, Docs, Drive)
  • OpenAI services
  • Stripe payment processing
  • Other third-party integrations

These third-party services are subject to their own terms and privacy policies. We are not responsible for the content, policies, or practices of third-party services. Your use of third-party services is at your own risk.

10. Service Modifications and Availability

10.1 Changes to the Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

10.2 Service Availability

While we strive to provide reliable service, we do not guarantee that the Service will be:

  • Available at all times without interruption
  • Error-free or secure
  • Free from viruses or other harmful components

We may perform maintenance that temporarily limits availability. We will try to provide advance notice when possible.

11. Termination

11.1 Termination by You

You may terminate your account at any time by:

  • Canceling your subscription through your account settings
  • Contacting our support team

Upon termination, your access to the Service will cease at the end of your current billing period.

11.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice or liability, if:

  • You breach these Terms
  • Your account has been inactive for an extended period
  • We are required to do so by law
  • We decide to discontinue the Service
  • Your use poses a security or legal risk

11.3 Effect of Termination

Upon termination:

  • Your right to use the Service immediately ceases
  • We may delete Your Content within 30 days
  • Provisions that by their nature should survive will survive termination
  • You remain liable for any outstanding fees

12. Disclaimers and Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

  • Implied warranties of merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Accuracy, reliability, or completeness of the Service
  • That the Service will meet your requirements
  • That the Service will be uninterrupted, secure, or error-free

No advice or information obtained from us or through the Service creates any warranty not expressly stated in these Terms.

13. Limitation of Liability

To the maximum extent permitted by law, Consul Agent, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

  • Your use or inability to use the Service
  • Any unauthorized access to or use of your account or data
  • Any interruption or cessation of the Service
  • Any bugs, viruses, or harmful code transmitted through the Service
  • Any errors or omissions in any content
  • Any conduct or content of third parties on the Service
  • AI-generated content or actions taken based on such content

In no event shall our total liability to you for all damages exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Consul Agent, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your Content
  • Your use of AI-generated content

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to its conflict of law provisions.

15.2 Dispute Resolution

Informal Resolution: Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@consul.ai. We'll try to resolve the dispute informally by contacting you via email.

15.3 Arbitration Agreement

If we cannot resolve a dispute informally, you and Consul Agent agree that any dispute will be resolved through binding arbitration, except that you may assert claims in small claims court if they qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision.

Class Action Waiver: You and Consul Agent agree that any proceedings to resolve disputes will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15.4 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Consul Agent regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this provision is void.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, natural disasters, or government actions.

16.6 No Agency

No agency, partnership, joint venture, or employment relationship is created between you and Consul Agent as a result of these Terms or your use of the Service.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

  • Update the "Last Updated" date at the top of these Terms
  • Notify you via email or through a prominent notice in the Service
  • For significant changes, provide at least 30 days' notice before they take effect

Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and cancel your account.

18. Contact Information

If you have questions, concerns, or feedback regarding these Terms, please contact us:

Email: legal@consul.ai

Support: stan@generative.inc

Mailing Address:
Consul Agent
Generative Inc.
[Your Business Address]

Acknowledgment

By using Consul Agent, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with any part of these Terms, please discontinue use of the Service immediately.