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Terms of Service

Last updated: Sep 15th, 2023

Thank you for using IllumiTacit! This Terms of Service applies to both the IllumiTacit platform and its services, as well as any packaged Macros offered by IllumiTacit on the platform.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to IllumiTacit, LLC.

When we say “You” or “your”, we are referring to the people or organizations that own an account on IllumiTacit.

We may update these Terms of Service in the future. You can track all changes on GitHub. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders.

When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That’s true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

If you violate any of the terms, we may terminate your account. That’s a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about our policies and keeping an open door to your feedback.

Account Terms

  1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

  2. You are responsible for all content uploaded and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.

  3. You may not use our service for any illegal purpose or to violate any laws in your jurisdiction.

  4. Your usage of the Services must comply with the usage policies of the underlying language model provisers. You may not use IllumiTacit for any purpose that are expressly prohibited by the underlying services. For example, here is the Usage Policy of OpenAI. Your content will go through an automated filtering process managed by the Service Providers to ensure it complies with the policies.

  5. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payment, Plan Changes, and Usage

  1. For our free trial, we explain the length of trial and included services when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for 60 days, the account and its contents will be queued for deletion.

  2. If you are upgrading from a free trial to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade.

  3. There is only one paid plan. The paid plan is a recurring subscription that provides access to the core features of the service.

  4. Every generated text from a request to generate content (including, but not limited to, executing Macros, sending a message in a Chat based Experiment, sending a prompt in a Trial based Experiment, retrieving passages from document references) will be counted towards usage on the account. Usage includes those originating from any request that is canceled mid process, either by using the cancel button in the UI or by closing the browser. Our underlying providers do not support canceling a request midway, and as such we account for words generated by the provider against the monthly limit on your account even though you may have canceled the request in IllumiTacit.

  5. Usage is tracked by the number of words that are generated by our engine. Words are counted as contiguous non-whitespace characters in the text. For languages that are not space-delimited, such as Chinese and Japanese, words are counted as non-whitespace, non-punctuation characters in the text.

  6. The paid plan includes a certain number of words that are added into your account balance every billing cycle, as described in the pricing table. You will not be able to generate content if your account balance drops to, or below, 0. We will not charge for a negative balance on your account. However, a negative balance will be counted when adding words to your account. Words in your account balance will never expire, unless you delete your account. Words hold no monetary value and are non-refundable. In other words, you may not exchange words in your account balance for monetary transactions, or for a refund, even after cancellation.

  7. You can purchase additional word capacity in your plan at any time within your account settings. Additional words are charged on a one time basis and will immediately replenish your account. You can also configure auto-reload on your account. When auto-reload is enabled, your account will automatically be charged for the number of words you have configured when your balance drops below the configured threshold.

  8. Our payment process is conducted by our Merchant of Record (Paddle). All fees are inclusive of all taxes, levies, or duties imposed by taxing authorities. Paddle will collect those taxes on behalf of the taxing authorities and remit those taxes to them. All charges will originate from Paddle and will show as PADDLE.NET* ILLUMITACI on your bank/card statement. See Paddle's Terms of Service for more details.

  9. All purchases are final and non-refundable, except for those listed below in the "Cancellation, Refunds, and Termination" section.

Cancellation, Refunds, and Termination

  1. You are solely responsible for properly canceling your account. We provide a simple no-questions-asked cancellation link from your account settings page. You can find instructions for how to cancel your account in our documentation. An email or phone request to cancel your account is not automatically considered cancellation. If you need help cancelling your account, you can always contact us.

  2. You can cancel during the grace period after upgrading to a paid plan for a full refund of the last subscription charge, if you have not consumed any words that were added to your account balance from the last charge. To claim your refund, contact us after canceling your account. We will use the date of cancellation when determining whether the cancellation occurred during the grace period. To prevent abuse and access without payment, you will not be able to reinstate your account for 30 days after claiming a refund. The respective grace periods are:

    1. Within 3 days of renewal for monthly plans. The refund will be for the monthly charge of the new month.

    2. Within 30 days of renewal for annual plans. The refund will be for the annual charge of the new year.

  3. Account cancellation takes effect at the end of the current billing cycle, unless you are cancelling during the grace period, in which case cancellation takes effect immediately. Your account will be reduced to a limited access status on the Service after the account cancellation is effective. In limited access, you can only access your billing dashboard to upgrade your account. You will not be able to access any of your existing content (including but not limited to, Macros, Experiments, or Function Generators) in the account. Your content will be stored indefinitely unless you also delete your account.

  4. When requesting cancellation, you will be asked if you would like to also delete your account. All your content (including but not limited to, Macros, Experiments, Function Generators) will be deleted from our active system and logs upon account deletion. Within 60 days, all content will be deleted from our backups. We cannot recover this information once it has been permanently deleted.

  5. You can request to delete your account at any time after cancellation even in limited access status if you did not select to delete your account at the point of cancellation.

  6. If the account has not been deleted, you can restore access to your content at any time by restoring your account to a paid plan. You can find instructions for how to restore access to your account in our documentation.

  7. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the accounts on our Services, there may be at least one doing something nefarious.

  8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employees, officers, contractors, or affiliates will result in immediate account termination.

Packaged Macros

  1. We offer packaged Macros as an add-on to your Subscription plan for an additional charge (e.g., Patette). The add-on is a recurring charge on top of the base plan and includes access to the packaged Macros as well as a royalty-free license to use the Macros through the platform for as long as the add-on portion of the subscription remains active.

  2. When you purchase packaged Macros, the Macros will be installed into your account and become accessible through the IllumiTacit platform. Packaged Macros behave the same as standard Macros created on the platform. Every generated text from a request to generate content using packaged Macros will count towards your account's word balance in the same way as a user created Macro.

  3. You may cancel the add-on portion of the subscription at any time, independent of the base IllumiTacit subscription. When you cancel the add-on portion of the subscription, you will lose access to the Macros and the license to use them at the end of the billing cycle.

  4. The content in the packaged Macro (e.g., the Macro template and/or generated function) is owned by IllumiTacit. You may not reproduce or distribute the Macro content without our express permission. This only pertains to the content stored on our servers related to Macro creation and does not apply to the content you upload during Macro execution.

Modifications to the Service and Prices

  1. Any part of the Service may change or be discontinued with or without notice.

  2. Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

  1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for most of our Services but do take uptime of our applications seriously. Visit https://status.illumitacit.com to see the status of our Service.

  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Service. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.

  3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. We store all your files and data encrypted at rest. There are some edge cases where we may send your data through our internal network unencrypted. Please report a security incident or threat to [email protected].

  4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that IllumiTacit may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:

    1. To help you with support requests you make. We’ll ask for express consent before accessing your account.

    2. On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause as much as possible to avoid the errors from reoccurring.

    3. To safeguard IllumiTacit. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.

    4. To the extent required by applicable law. As a US company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a US government authority with a legally binding order or proper request under the Stored Communications Act. If a non-US authority approaches IllumiTacit for assistance, our default stance is to refuse unless the order has been approved by the US government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If IllumiTacit is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.

  5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all subprocessors who handle personal data for IllumiTacit in our Privacy Policy.

  6. Under the California Consumer Privacy Act (“CCPA”), IllumiTacit is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms of Service and Privacy policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. Reciprocally, you agree to comply with your requirements under the CCPA and not use IllumiTacit’s Services in a way that violates the regulations.

  7. Our products and other web properties are operated in the United States. If you are located in the European Union, UK, or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to and stored in the United States. By using our websites or Services and/or providing us with your personal information, you consent to this transfer.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.

  2. We claim no intellectual property rights over the material generated by the Services. All service generated materials sent to you are owned by you.

  3. We reserve the right (but not the obligation) at our sole discretion to refuse or remove any content that is available via the Service.

  4. You must not modify another website so as to falsely imply that it is associated with the Service or the Company.

  5. "IllumiTacit", the IllumiTacit logo, and any other product or service name or slogan displayed on the Service are trademarks of the company and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the company or the applicable trademark holder. You must request permission to use the IllumiTacit logo for promotional purposes. Please email us requests to use logos. We reserve the right to rescind this permission if you violate these Terms of Service.

  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by IllumiTacit.

  7. We reserve the right to reclaim usernames and organization names on behalf of businesses or individuals that hold legal claim or trademark to those names.

  8. You may not and may not allow any third party to engage in username squatting. Accounts without any activity or Macros created for more than 90 days may be terminated and deleted in our sole discretion.

  9. You may not and may not allow any third party to buy or sell usernames and organization names for the Service.

  10. All content uploaded to the Service must comply with U.S. copyright law. Under the Digital Millennium Copyright Act (17 U.S.C. § 512), you have the right to notify us (IllumiTacit, LLC) if you believe that an account user of any product we built and maintain has infringed on your work(s) as copyright owner. To be effective, the notification of claimed infringement must be written. Please include the following information:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    • Identification of the copyrighted work(s) claimed to have been infringed. If there are multiple, please share a representative list of those works.

    • A way for us to locate the material you believe is infringing the copyrighted work.

    • Your name and contact information so that we can get back to you. Email address is preferred but a telephone number or mailing address works too.

    • A statement that you, in good faith, believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  11. If you believe your material has been removed in error, you can file a written counter-notification. Please include the following information:

    • A physical or electronic signature, or the signature of the person authorized to act on your behalf.

    • A description of the material that was removed.

    • A description of where the material appeared in IllumiTacit products prior to their removal.

    • Your name and contact information so that we can get back to you. Email address is preferred but a telephone number or mailing address works too.

    • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

    • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, in the Western District of Texas (where IllumiTacit is located).

    • A statement that you will accept service of process from the person who filed the original DMCA notice or an agent of that person. (In other words, you’ve designated that person to receive documents on your behalf.)

  12. You can notify us of either copyright infringement claims or DMCA counter-notifications through either of the following channels:

    By email: [email protected]

    By mail: IllumiTacit, LLC ATTN: Yoriyasu Yano 5900 BALCONES DR. STE 100 AUSTIN, TX, 78731, USA

Generated Content

  1. Similarity of content. Due to the nature of machine learning and AI, Generated Content from the Services may not be unique across users and the Services may generate the same or similar output. For example, you may provide input to a model such as “What color is the sky?” and receive output such as “The sky is blue.” Other users may also provide the same or similar input and receive the same response. Responses that are requested by and generated for other users are not considered your content.

  2. Consistency of content. Artificial intelligence and machine learning are rapidly evolving fields of study. The underlying models and Service Providers are constantly evolving to make them more accurate, reliable, safe, and beneficial. We do not control the models provided by our Service Providers, and they may be updated automatically from time to time. This may result in receiving different responses for the same inputs over time. IllumiTacit adjusts the parameters to try to ensure the respones are as consistent as possible, but can not and will not provide any guarantee that the generated content for the same inputs will be consistently the same over time.

  3. Accuracy. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Generated Content that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Generated Content as appropriate for your use case, including by using human review of the Generated Content. IllumiTacit can not and will not provide any guarantee of factual correctness or fitness for purpose of any Generated Content provided by the Services.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Services Adaptations and API Terms

We offer Application Program Interfaces (“API”s) for IllumiTacit. Any use of the API, including through a third-party product that accesses the Services, is bound by the terms of this agreement plus the following specific terms:

  1. You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.

  2. Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user’s activity *other than time tracking*, both inside and outside the applications. We, at our sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.

  3. Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account’s access to the API. IllumiTacit, at its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account’s access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.

Support

Technical support is provided by email and Discord (server IllumiTacit) There is no Service Level Agreement on support inquiry response time. Responses are provided on the reasonable effort basis without guaranteed response time.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general giving a damn. If you choose to use our Services, thank you for betting on us.

Contact us

If you have a question about any of the Terms of Service, please contact us.