GC AI Website Terms of Use

Introduction

Welcome to GC AI. These Terms of Use ("Terms") govern your access to and use of the website located at https://gc.ai/, https://getgc.ai/, and https://gcai.com/ including any subdomains and associated webpages (collectively, the "Website"). For the avoidance of doubt, your use of GC AI's software-as-a-service platform is subject to the GC AI Services Agreement located at https://gc.ai/terms or a written agreement, as applicable.

By accessing or using the Website, you agree to be bound by these Terms and the GC AI Privacy Policy located at https://gc.ai/privacy (collectively, the "Agreement"). If you do not agree with any part of the Agreement, you must not access or use the Website.

1. Eligibility

1.1 By using the Website, you represent and warrant that you are at least 18 years old. If you are under 18 years old, you may not use the Website.

1.2 If you are using the Website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to the Agreement. All references to "you" in the Agreement shall include such organization, jointly and severally with you personally.

1.3 If any applicable law, rule, regulation, or government restriction prohibits you from using or accessing the Website, then you must immediately cease all access and use. If you nevertheless access or use the Website, you will still be bound to the Agreement and shall have all the obligations, responsibilities, and liabilities as if you were eligible to do so.

2. General Use of the Website

2.1 License. Subject to the Agreement, GC AI grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access and use the Website and the information, materials (including, without limitation, text, graphics, audio, video, blog posts, visual interfaces, photographs, trademarks, logos, artwork, documents, and FAQs), and other content available on or from the Website (collectively, "Website Materials").

2.2 Restrictions. You agree not to: (a) use the Website or Website Materials to develop, train, or improve any product or service that competes with GC AI; (b) reverse engineer, decompile, or disassemble any software used in connection with the Website, except as permitted by law; (c) use any automated means to access or copy the Website without GC AI's prior written consent; (d) interfere with the security or performance of the Website; (e) upload content that is unlawful, defamatory, obscene, or otherwise objectionable; (f) impersonate any person or entity; or (g) use the Website for unauthorized commercial purposes.

3. Content

3.1 Website Materials. Website Materials are owned, controlled, or licensed by GC AI and are protected by trademark, copyright, and patent laws, as well as various other intellectual property rights and unfair competition laws. GC AI and its licensors expressly retain all right, title, and interest in and to the Website Materials, including and without limitation, all intellectual property rights therein and thereto. All rights not expressly granted herein are reserved.

3.2 Third-Party Information. In addition to Website Materials, the Website may contain content, data, or information not originating from GC AI, but from external, public, or internet-based sources ("Third-Party Information"). Third-Party Information is the copyrighted work of its owner, which expressly retains all right, title, and interest in and to the Third-Party Information, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to the Agreement, Third-Party Information may also be subject to different and/or additional terms of use and/or privacy policies of such third parties.

3.3 Third-Party AI Tools. GC AI may make available AI-powered tools or chatbots on the Website provided by third-party vendors ("Third-Party AI Tools"). For the avoidance of doubt, Third-Party AI Tools are separate from GC AI’s proprietary software-as-a-service platform, which is governed by the GC AI Services Agreement. These Third-Party AI Tools are available to assist with a range of inquiries. While they provide data-driven responses, outputs may be incomplete or inaccurate and may incorporate Third-Party Information. Outputs do not constitute legal or professional advice. GC AI advises that decisions based on complex or critical matters be confirmed with qualified professionals.

3.4 No Legal Advice. Website Materials are for general informational purposes only and do not constitute legal advice.

4. User Submissions

4.1 Submitting User Submissions. At our sole discretion, the Website may include functionality that permits you to submit, share, or make available comments, posts, feedback, or other materials ("User Submissions"). If you choose to make publicly available any of your personal information, confidential information, or any other sensitive information through the Website, you do so at your own risk. GC AI has no confidentiality obligations with respect to your User Submissions. Any information you post may be publicly accessible to any and all users of the Website. GC AI has no control over and is not responsible for any use or misuse by any third party of your User Submissions.

4.2 License Grant to GC AI. By uploading, posting, displaying, submitting, or otherwise transmitting your User Submissions to us, you hereby grant to GC AI (to the extent permitted by applicable law) a perpetual, irrevocable, fully paid-up, royalty-free, worldwide, non-exclusive, transferable, and fully sublicensable (through multiple tiers) right and license, without any additional consideration to you or any third party, to use, reproduce, adapt, modify, publicly display, publicly perform, prepare derivative works from, and distribute such User Submissions, for any purpose and in any form, medium, or distribution method now known or hereafter existing, known or developed.

4.3 Monitoring. GC AI may, but is not obligated to, monitor, evaluate, alter, and/or remove Website Materials, User Submissions, and your use of the Website. GC AI reserves the right to accept, reject, refuse, remove, alter, or modify any Website Materials or User Submissions, for any reason and at any time, without notice, but assumes no liability based on its acceptance, rejection, modification, or failure to modify, reject, or modify any Website Materials or User Submissions. GC AI may delete User Submissions at any time without notice to you. GC AI has no obligation to store any User Submissions and has no responsibility or liability for the deletion or failure to store, transmit, or receive User Submissions.

5. Infringement and DMCA

GC AI respects the intellectual property rights of others, and we ask you to do the same. GC AI may, in appropriate circumstances and at our discretion, terminate access to this Website for users who infringe the intellectual property rights of others. If you believe in good faith that your work is the subject of copyright infringement and/or trademark infringement and appears on our Website, please provide GC AI's designated agent 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 and/or trademarked work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works.

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit GC AI to locate the material.

• Information reasonably sufficient to permit GC AI to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark 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.

GC AI's agent for notice of claims of copyright or trademark infringement on this Website can be reached at: legal@gc.ai.

6. Links to Third-Party Sites

The Website may be linked to other websites that are not GC AI websites ("Third-Party Sites"). These Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than GC AI, and your use of such Third-Party Sites is governed by such terms. GC AI provides links to the Third-Party Sites to you as a convenience, but GC AI does not endorse, verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT GC AI WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

7. Indemnification

You agree to defend, indemnify, and hold GC AI and its officers, directors, employees, affiliates, subsidiaries, agents, licensors, and business partners (collectively, the "GC AI Parties") harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) GC AI or any other indemnified party suffers in relation to or arising, directly or indirectly, from:

• Your violation or breach of the Agreement;

• Your breach of any applicable laws;

• Any claim or demand that your use of this Website or the use of this Website by any person using your username and/or password, violates any applicable law or regulation, or the patents, copyrights, trademark rights, personality, publicity, or other rights of any third party; and

• Any claim that your User Submissions infringes or misappropriates any third-party patent, copyright, trademark, or trade secret, privacy, publicity, or any other third-party right.

8. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE WEBSITE AND THE WEBSITE MATERIALS, TOGETHER WITH ALL FEATURES AVAILABLE ON OR THROUGH THE WEBSITE, ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE GC AI PARTIES MAKE NO REPRESENTATION, GUARANTEE, OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER. THE GC AI PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES, GUARANTEES, AND REPRESENTATIONS, INCLUDING ALL IMPLIED, STATUTORY, OR OTHER WARRANTIES WITH RESPECT TO THE WEBSITE AND THE WEBSITE MATERIALS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, OR THAT THE WEBSITE OR THE WEBSITE MATERIALS ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE WEBSITE AND/OR THE WEBSITE MATERIALS RESTS WITH YOU. GC AI MAKES NO REPRESENTATION, GUARANTEE, OR WARRANTY THAT THE AVAILABILITY OF THE WEBSITE WILL BE UNINTERRUPTED, OR THAT THE WEBSITE AND/OR THE WEBSITE MATERIALS WILL BE ERROR-FREE OR SECURE, OR THAT ANY OR ALL DEFECTS WILL BE CORRECTED.

The Website may depend on external systems and services (such as cloud platforms, APIs, and third-party infrastructure) and the availability may be directly impacted by such external systems. There is no guarantee or warranty for the Website availability, uptime, or continuity.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL THE GC AI PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES DIRECTLY OR INDIRECTLY ARISING OUT OF OR CONNECTED TO YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY, OR STATUTORY DAMAGES, INCLUDING ANY LOSS OF BUSINESS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF GC AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.

IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE GC AI PARTIES UNDER THE AGREEMENT EXCEED US $100.

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

10. Suspension and Termination

10.1 Suspension. In the event GC AI reasonably believes you have breached, or will breach, any provision of the Agreement, GC AI may, without limiting its other rights and remedies, immediately suspend your use of the Website until such breach is cured or GC AI reasonably believes there is no longer a threat.

10.2 Termination. GC AI reserves the right to immediately terminate your access to or use of the Website, at any time, with or without cause, and with or without notice. You may terminate the Agreement at any time by ceasing to use the Website.

10.3 Effect of Termination. Upon expiration or termination of the Agreement, your access to the Website will immediately cease. In no event will GC AI have any responsibility or liability to you related to suspension or termination of the Agreement.

10.4 Survival. The termination or expiration of the Agreement will not affect any provisions herein which by their nature survive or are intended to survive termination or expiration, including but not limited to the provisions that deal with the following subject matters: ownership of intellectual property, effect of termination, limitation of liability, indemnification, disclaimers, export control, and the "General" section in the Agreement.

11. Privacy Policy

Our Privacy Policy, available at https://gc.ai/privacy, explains how we use information that you submit to GC AI, and which is incorporated into the Agreement.

12. Export Control

12.1 General Information. The export control information provided on this Website may not reflect the most current legal or regulatory developments and GC AI does not represent, warrant, or guarantee that it is complete, accurate, or up to date. It is not intended as legal advice or as an exhaustive interpretation of the export control laws and regulations.

12.2 Export Compliance. The Website is controlled and operated from the United States and is subject to its export laws and regulations. You represent that you are not located in, and will not export, re-export, access, use, or permit any person to export, re-export, access, or use, the Website in any U.S. embargoed country or region, or contrary to any U.S. export laws or regulations. You acknowledge that remote access may in certain circumstances be considered a re-export.

12.3 Sanctions Compliance. No GC AI products or services may be sold, exported, or re-exported to an individual or entity located in an embargoed country or on any applicable government sanctions lists, including the U.S. Treasury Department's list of Specially Designated Nationals, or on the U.S. Commerce Department's Denied Persons List or Entity List. Such prohibition includes the following countries: Cuba, Iran, North Korea.

13. Modifications to the Agreement or Website

GC AI reserves the right to revise, change, update, add, or remove provisions of the Agreement at any time by posting the updated Agreement on the Website, along with a notice of the effective date. You agree to periodically review the Agreement to be aware of any modifications. By accessing or using this Website after GC AI has updated the Agreement, you agree to the updated Agreement. If you do not agree with any of the updated Agreement, your only recourse is to stop using the Website. GC AI may modify, alter, terminate, update, or discontinue the Website, including any portions of the Website, at any time, without prior notice.

14. General

14.1 Website Location and Local Laws. GC AI controls and operates this Website from the United States. The Website Materials may not be appropriate or available for use in other locations. GC AI makes no representation that all features of this Website will be available to you from specific countries, or that the Website Materials are permitted to be accessed from any country. You are solely responsible for any decision to use the Website from your location and for compliance with applicable local laws.

14.2 Feedback. You may volunteer feedback to GC AI about the Website or Website Materials ("Feedback"). GC AI shall be irrevocably entitled to use that Feedback, for any purpose and without any duty to account. All such Feedback is non-confidential and non-proprietary.

14.3 Governing Law and Jurisdiction. This Agreement will be governed by the laws of the State of California, without regard to its conflict of laws principles, and all suits hereunder will be brought solely in Federal Court for the Northern District of California, or if that court lacks subject matter jurisdiction, in any California State Court located in San Francisco County, California. This Agreement shall not be governed by the 1980 UN Convention on Contracts for the International Sale of Goods or any laws based on the Uniform Computer Information Transactions Act (UCITA). The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any action or proceeding in any of the applicable courts set forth above, based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens, or any similar claim or defense.

14.4 Waiver of Rights and Remedies. GC AI's failure to insist upon or enforce strict performance of any provision of the Agreement will not be construed as a waiver of any provision or right. GC AI's rights, powers, and remedies in the Agreement, including the right to suspend, restrict, or terminate any use of the Website, are cumulative and in addition to any right, power, or remedy that may be available to GC AI at law or in equity.

14.5 Severability. If any provision of the Agreement is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to give effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable.

14.6 Assignment and Inurement. GC AI may at any time assign its rights and obligations under the Agreement, in whole or in part, without notice to you. You may not assign the Agreement without GC AI's prior written consent. The Agreement will inure to the benefit of and bind you and GC AI and our respective personal and legal representatives, successors, and permitted assigns.

14.7 Relationship. The parties are independent contractors. No joint venture, partnership, fiduciary, employment, or agency relationship exists between GC AI and you as a result of the Agreement or use of the Website. There are no third-party beneficiaries of the Agreement. Neither party has the authority to bind or act on behalf of the other party in any capacity.

14.8 Force Majeure. Neither party will be liable for, or be considered to be in breach of, or in default under, this Agreement, as a result of any cause or condition beyond such party's reasonable control.

14.9 Entire Agreement. The Agreement, as amended from time to time, including any and all documents, websites, rules, terms, and policies referenced herein, constitute the entire agreement between GC AI and you with respect to the matters referred to in the Agreement and supersede all prior and contemporaneous agreements and understandings, whether electronic, oral, or written, between GC AI and you with respect to such matters.

14.10 Contact Us. If you have any questions about the Agreement or otherwise need to contact GC AI for any reason, you can reach us at legal@gc.ai.