Terms of Use

Effective Date: 08-29-2024

Welcome to FatDuck.ai, operated by Lost Labs LLC. These Terms of Use (the "Terms") govern your use of our services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.

1. Definitions

1.1. "Authorized User" refers to any employee, contractor, or member of your organization who is authorized to use the services under these Terms.

1.2. "Input" means any data, queries, prompts, or information you provide or upload to our services.

1.3. "Output" refers to the data, content, and other information you receive from our services based on your Input.

1.4. "Services" means all products, software, and related services provided by FatDuck.ai, including any associated documentation.

1.5. "Subscription Plan" refers to the plan you select for accessing our services.

1.6. "Term" refers to the duration of these Terms, including any renewals.

2. License Grant

2.1. Subject to these Terms, we grant you and your Authorized Users a non-exclusive, non-transferable, limited license to access and use our Services for the Term. This license is limited to personal or internal business use and is subject to any limits of your Subscription Plan.

3. Compliance

3.1. Your use of our Services must comply with all applicable laws and regulations. You agree not to use the Services in a manner that violates any laws or regulations.

4. Permissions and Restrictions

4.1. You must be at least 13 years old to use the Services. If you are under 18, you must have parental or guardian consent.

4.2. You are responsible for ensuring that your use of the Services complies with these Terms and for any activities that occur under your account.

4.3. You shall not:

Reverse engineer or attempt to discover the source code of the Services.
Reproduce, modify, or create derivative works of the Services.
Export or assist others in exporting the Services.
Remove proprietary notices or circumvent any protective measures.

5. Disclaimer of Warranty

5.1. The Services are provided "as is" without any warranties. We do not guarantee that the Services will be error-free or uninterrupted. Your use of the Services is at your own risk.

6. Intellectual Property Rights

6.1. We own all rights to the Services. You retain ownership of the Output but acknowledge that the Services may provide similar Output to other users.

6.2. You are responsible for your Input and must ensure it does not violate any laws. We may use your Input to provide and improve our Services.

6.3. We may, at our discretion, provide support and consider any feedback you provide as our property.

7. Limitation of Liability; Indemnity

7.1. We are not liable for any indirect, special, or consequential damages related to the Services. Our liability is limited to the fees paid for the Services in the six months preceding the claim.

7.2. You agree to indemnify us against any claims related to your use of the Services, including breaches of these Terms.

8. Confidentiality

8.1. Both parties agree to protect and not disclose any Proprietary Information received from the other party. This obligation does not apply to information that is publicly available or already known to the Receiving Party.

9. Payment of Fees

9.1. Fees for Subscription Plans are non-refundable. You agree to provide a valid payment method and authorize us to charge it for the selected Subscription Plan.

9.2. Credits, if provided, are non-refundable and expire according to the Pricing Page. They are not redeemable for cash.

9.3. Upgrades to your Subscription Plan will be charged immediately, and downgrades will take effect at the end of your current Term.

10. Term and Termination

10.1. These Terms commence on the Effective Date and continue for one month, automatically renewing unless terminated.

10.2. You may terminate these Terms by providing notice via the subscription and billing page. We may terminate or suspend your access for any reason by providing notice to you.

10.3. Upon termination, you must cease using the Services, and we may destroy your Input.

11. Trade Controls

11.1. You must comply with all applicable trade laws. The Services may not be used in embargoed countries or for prohibited end uses.

12. General Provisions

12.1. Notices: All notices must be in writing. Notices to us should be sent to legal@fatduck.ai. Notices to you will be sent to the email address you provide.

12.2. Governing Law: These Terms are governed by the laws of the State of New Jersey, without regard to its conflict of law principles.

12.3. Dispute Resolution: Any disputes arising from these Terms will be resolved through binding arbitration in New Jersey.

12.4. Changes to Terms: We may modify these Terms at any time. Your continued use of the Services constitutes acceptance of any changes.

12.5. Severability: If any provision of these Terms is found to be invalid, the remaining provisions will remain in effect.

12.6. Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Services and supersede any prior agreements.

By using our Services, you agree to these Terms of Use.

Contact Information:

Lost Labs LLC
155 Willowbrook Blvd, Ste 110 #1939
Wayne, New Jersey 07470 US
Email: legal@fatduck.ai