Using the Service

‍
Definitions

‍

Service‍

Elman by Deep Science Ventures is a piece of web based software that uses Large Language Model agents and custom tooling, heuristics and templates to complete user requests. It is available via https://app.elman.ai/

‍

Third-Party Services

Our services might incorporate software, products, or services from third parties ("Third-Party Services"), and certain components of our Services, such as our browse feature or Patent analysis, may consist of content derived from these services ("Third-Party Output"). Third-Party Services and Third-Party Output have their own applicable terms, for which we bear no responsibility.

‍

Content

You can supply data or information to the Services ("Input") and to receive corresponding results or responses from the Services based on that Input ("Output"). Together, Input and Output constitute "Content."

‍

Derivative Works

Any content generated by the Service which is a result of user defined including but not limited to a statement, instruction, question or image.

‍

1. Eligibility
   ‍
   1. By using the Service or establishing an Account and registering as a Member, you agree to the following:
      ‍
      1. Access to or use of the Service requires you to be at least thirteen (13) years old. By registering or using the Service, you confirm that you (or any individual user, if you represent an entity) meet or exceed this age requirement. If you are younger than 13, you must have explicit consent from a parent or guardian to use the Service and must operate under an Account created by your parent or guardian. Access to or membership in the Service is not permitted where it is legally restricted.
      2. You affirm and guarantee that you will adhere to all relevant laws and any terms, conditions, and policies set by any Third-Party Services (defined later) that you opt to use in conjunction with the Service.
         ‍
2. IP rights
   ‍
   1. You hold sole intellectual property for any data, information, or content you submit or share in the service and any Derivative Content produced. Your data will not be used to train any models or shared with anyone else other than where you explicitly opt in (for example to share a template with others outside of your organisation).
   2. In sharing your Content with the Service you affirm and promise that: The rights granted to us to use Your Content under these Terms of Service will to the best of your knowledge neither infringe nor misappropriate any third parties' intellectual property, not contravene any applicable law, nor breach any contracts; All necessary consents have been secured from identifiable individuals or households if Your Content encompasses personal information;  You agree that you must evaluate and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
   3. You willingly provide us with a limited, non-exclusive, global, perpetual, irrevocable, assignable licence to use, exhibit, perform, replicate, alter, develop Derivative works from Your Content for the purpose of delivering the Service to you. When you upload, submit, store, send or receive content to or through the Service, you give us (and those we work with) a worldwide licence to use, host, store, reproduce, modify, create Derivative works, and communicate such content to the Derivative content owner or other users explicitly premitted by the Derivative Content owner. The licence you extend to us is strictly confined to the purposes of operating and improving, our Service. Make sure you have the necessary rights to grant us this licence for any Content that you submit to our Services.
   4. Neither Party will use the other’s name or the other Party’s logo in any press release or product advertising, or for any other promotional purpose, without first obtaining the other Party’s written consent.
   5. We reserve the right, though not the obligation, to monitor, amend, eliminate, modify, or filter your Content at our discretion, particularly if we believe it may breach these Terms of Service to ensure compliance with applicable laws. Under no circumstances will Deep Science Ventures be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
   6. Deep Science Ventures explicitly retains all rights, title, and interest in: the Service (or any part thereof), and all other materials or content provided by Deep Science Ventures under this Agreement, including any and all modifications to any of the foregoing.
      ‍
3. Data privacy
   ‍
   1. Collection of Personal Information We gather your personal information ("Personal Information") in the following ways:
      ‍
      1. Information You Provide. Your Personal Information is collected when you set up an account or interact with us, detailed as follows:
         ‍
         • Account Information: When you create an account with us, we collect information tied to that account, such as your name, contact details, and transaction records ("Account Information").
         • User content: We collect Personal Information embedded in the inputs, uploads, or feedback you provide while using our Services ("Content").
         • Communication Information: Interacting with us results in collecting your name, contact details, and the substance of your communications ("Communication Information").
         • Feedback in any form
         • Other Provided Information: We gather additional details you may offer, such as participation in events or surveys or information for identity verification ("Other Provided Information").
           ‍
      2. Data collected automatically Your interaction with our Services automatically provides us with certain information ("Technical Information"):
         ‍
         • Log data: This includes information automatically transmitted by your browser or device when using our Services, such as your IP address, browser type and settings, the time and nature of your requests, and your interactions with our Services.
         • Usage data: We automatically gather details about your engagement with our Services, including viewed or interacted content types, utilised features, and actions taken, along with your time zone, country, access dates and times, user agent and version, device type, and network connection.
         • Device Information: This covers your device's name, operating system, unique identifiers, and browser information, which vary depending on its specifications.
         • Cookies: Our Services use cookies to function, manage, and enhance your experience. Cookies are data pieces sent to your browser by visited websites. You can configure your browser to accept, reject, or alert you about cookies, though rejecting cookies may limit your use or impact the functionality of certain website features or services. For more on cookies, visit All About Cookies.
         • Analytics: We employ various analytics tools to analyse how users engage with our Services, aiming to improve your service experience.
           ‍
   2. Usage of Personal Information We use your Personal Information for various purposes, including:
      ‍
      • Delivering, managing, enhancing, and analysing our Services;
      • Upgrading our Services and conducting research;
      • Communicating with you, which includes sending information about our Services and events;
      • Developing new offerings and services;
      • Preventing fraudulent activities, criminal actions, or misuse of our Services and ensuring the security of our IT infrastructure and networks;
      • Adhering to legal requirements and procedures to safeguard our rights, privacy, safety, or assets, and/or those of our affiliates, you, or others.
        ‍
   3. Aggregated or Anonymised Information‍
      
      We may aggregate or anonymise Personal Information so it can no longer identify you, using such data to assess our Services' effectiveness, enhance features, conduct research, and for similar purposes. Occasionally, we analyse and share aggregated user statistics with third parties or publicly. We collect this aggregated information through the Services, cookies, and other methods outlined in this Privacy Policy. We'll manage and use anonymous or de-identified data accordingly and won't try to re-identify it unless mandated by law.‍
      ‍
   4. Sharing Personal Information Under specific circumstances, we may disclose your Personal Information to third parties without further notice, except as required by law:
      ‍
      • Vendors and Service Providers: To support our business needs and provide certain services, we might share Personal Information with vendors and service providers, including hosting, customer service, cloud computing, email communication, web analytics, and other IT services, following our directions.
      • Legal obligations: We may disclose your Personal Information to authorities or third parties if legally required, to protect and defend our rights or property, to address violations of our terms or laws, to prevent fraud or illegal activities, to ensure safety and integrity, or to guard against legal liabilities.
        ‍
   5. Your Rights Your location may grant specific rights regarding your Personal Information, such as:
      ‍
      • Accessing and understanding how your Personal Information is processed;
      • Deleting your Personal Information from our records;
      • Amending or updating your Personal Information;
      • Transferring your Personal Information to a third party (data portability);
      • Limiting the processing of your Personal Information;
      • Withdrawing consent for processing based on consent;
      • Objecting to our processing of your Personal Information;
      • Filing a complaint with your local data protection authority.
        ‍
4. Limitations of Liability
   ‍
   1. You bear full responsibility for all actions taken under your Account and with Your Content. If you're using the Service on behalf of an employer or another entity, it's your responsibility to ensure that you have the requisite rights, licenses, and permissions to use the Service and submit Your Content. We are not obligated to scrutinise Your Content or any associated terms and conditions.
   2. Given the generative nature of the Service, Suggestions by Elman are produced automatically and may not be checked/moderated by Deep Science Ventures before they are presented to you. The choice to employ Ideas and/or Suggestions recommended by Elman lies with you. If you decide to use these Suggestions, Deep Science Ventures strongly advises implementing adequate policies and practices to avoid using a Suggestion in a manner that infringes on someone else's rights. The responsibility for your overall Research and Development work rests solely with you. This includes any Ideas you integrate into Your work or use for its development.
   3. Given the generative nature of the Service, Suggestions by Elman are produced automatically and may not be checked/moderated by Deep Science Ventures before they are presented to you. The choice to employ Ideas and/or Suggestions recommended by Elman lies with you. If you decide to use these Suggestions, Deep Science Ventures strongly advises implementing adequate policies and practices to avoid using a Suggestion in a manner that infringes on someone else's rights.
   4. Deep Science Ventures, along with its directors, employees, partners, agents, suppliers, or affiliates, will not be responsible for any indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to, loss of profits, data, use, goodwill, or other non-material losses that arise from (i) your ability or inability to access or use the Service; (ii) the actions or content of any unauthorised third party using the Service; (iii) any Content you acquire via the Service; and (iv) any unauthorised access, use, or modification of your transmissions or Content. This holds true regardless of whether the damages are based on warranty, contract, tort (including negligence), or any other legal stance, and remains applicable even if we were previously advised of the potential for such damages or if a remedy outlined here fails to achieve its fundamental goal.
   5. The liability of the Customer for any breach of this Agreement, any negligence or arising in any other way out of the subject matter of this Agreement, will not extend to:
      • any indirect damages or losses;
      • any loss of profits, loss of revenue, loss of data, loss of contracts or opportunity, whether direct or indirect,
      • even, in each case, if the Party bringing the claim has advised the other of the possibility of those losses, or if they were within the other Party's contemplation.
   6. Your aggregate liability (except the indemnity covered below) for all and any breaches of this Agreement, any negligence or arising in any other way out of the subject matter of this Agreement, will not exceed in total an amount equal to the fees paid for the Services.
   7. Nothing in this Agreement limits or excludes either Party's liability for:
      • death or personal injury caused by negligence; or
      • any fraud
        ‍
5. Indemnity
   ‍
   1. You agree to indemnify Deep Science Ventures, as well as its staff, officers, and directors (the Indemnified Parties), against all third party claims, damages, responsibilities, losses, liabilities, expenses, and debts (including reasonable attorney fees)as a result of a) your or any individual using your account and password's use and access of the Service; b) any violation of these Terms; or c) any Content you upload to the Service that breaches applicable laws. Provided that Deep Science Ventures must:
      ‍
      1. promptly notify you of details of the claim;
      2. not make any admission in relation to the claim;
      3. take reasonable steps to mitigate its losses and expenses arising from the claim;
      4. allow the you to have the conduct of the defence and settlement of the claim; and
      5. give you all reasonable assistance (at the your expense) in dealing with the claim.
         ‍
   2. The indemnity in this paragraph will not apply to the extent that the claim arises as a result of the Indemnified Party's negligence, its deliberate breach of this Agreement or its knowing infringement of any third party’s intellectual property rights or its knowing breach of any third party’s rights of confidence.
      ‍
6. Acceptable use
   ‍
   1. You are permitted to use the Service strictly in accordance with these Terms of Service and applicable laws, including laws related to export and re-export controls. It is forbidden to use the Service in a way that is illegal, abusive, or inappropriately interferes with other users' enjoyment of the Service, or that could expose us or any Service user to legal liability. The following list, which is not exhaustive but offers examples, outlines actions you are prohibited from taking:
      ‍
      1. Altering, customising, translating, reverse engineering, decompiling, disassembling the Service, or creating derivative works from any part of the Service;
      2. Assigning, sub-licensing, leasing, lending, renting, or otherwise distributing the Service, your Account, or your access to the Service to any third party;
      3. Sending, uploading, generating, or circulating any content or information that is illegal, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable;
      4. Deliberately creating or spreading harmful or deceptive software, such as malware, viruses, worms, or Trojan horses;
      5. Promoting or engaging in illegal activities, including fraud, pyramid schemes, illegal file sharing, or any activities prohibited by law;
      6. Generating or disseminating content harmful to minors;
      7. Falsely representing yourself or the origin of Your Content;
      8. Illegally transmitting proprietary or confidential information, or any intellectual property without proper authorisation;
      9. Using the Service to infringe upon the rights of others;
      10. Disrupting or impeding other users' enjoyment or use of the Service.
      11. Employing any part of the Service to create or aid in creating "spam," which includes but is not limited to:
          ‍
          • Sending emails contrary to the CAN-SPAM Act or other anti-spam laws;
          • Mailing unsolicited messages to a large number of recipients who have no prior relationship with you or who have opted out of receiving such emails;
          • Revealing someone's email address without their consent for disclosure.
            ‍
   1. Violating any of the above guidelines, attempting to do so, or using the Service in any other improper manner or against these Terms of Service may lead to the suspension or termination of your Account and access to the Service.
      ‍
7. Term and Termination
   ‍
   1. These Terms of Service are effective and binding for as long as you use or access the Service or maintain membership status. You can terminate your membership and delete your Account at any time and for any reason by reaching out to us at help@elman.ai.
   2. We reserve the right to cancel your Account and halt your access to the Service at our discretion and without notice. If we decide to terminate your account for reasons outside of a breach of the terms, we will review any remaining balance for unused services and offer a prorated reimbursement, if applicable. The specific reimbursement would depend on the type of subscription or services you've paid for and the remaining duration of your plan.
   3. Be aware that ending these Terms of Service and your Account may lead to the removal of Your Content and other data from our systems. We are not liable to you for any account termination or service access cessation, or for the deletion of Your Content or other information.
      ‍
8. Disclaimer
   ‍
   1. You assume all responsibility for your use of the Service, which is offered "AS IS" and on an "AS AVAILABLE" basis. No warranties, whether explicit or implied, are provided with the Service provided that Deep Science Ventures warrants that the use of the Service in accordance with these Terms of Use will not infringe any third-party intellectual property rights. This includes, but is not limited to, the implied warranties of merchantability, suitability for a specific purpose, non-infringement, or course of performance.
   2. Deep Science Ventures, along with its subsidiaries, affiliates, and licensors, makes no guarantees that a) the Service will operate without interruption, securely, or be accessible consistently at any specific time or place; b) any errors or defects will be remedied; c) the Service will be free from viruses or other damaging components; or d) your use of the Service will fulfil your expectations.
      ‍
9. Governing law‍
   ‍
   This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation are governed by, and this agreement is to be construed in accordance with English law. The English Courts will have exclusive jurisdiction to deal with any dispute (including any non-contractual claim or dispute) which has arisen or may arise out of, or in connection with, this agreement.