Terms of use
These terms of use (“Terms”) apply when you (“User”, “you”, or “your”) make use of, interact or play our game named “Human or Not?” (“Game”) available on our website: www.humanornot.ai (“Website”). Please read the following Terms carefully before accessing the Website and the Game so that you are aware of your legal rights and obligations with respect to AI21 LABS Ltd. (“AI21”, “we”, “our” or “us”). By accessing and making use of the Website and by playing and using the Game, you expressly agree that you are entering into this legal agreement with us and have understood and agree to comply with, and be legally bound by these Terms. IF YOU DO NOT UNDERSTAND THESE TERMS, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY REFERENCED HEREIN, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND THE GAME AND YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE WEBSITE AND/OR THE GAME. NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO THE EXTENT THAT CONSUMER PROTECTION OR LOCAL LAWS OR REGULATIONS GRANT YOU MANDATORY OR STATUTORY RIGHTS, THESE TERMS SHALL ONLY LIMIT SUCH RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAWS OR REGULATIONS.
1. Background
The Website and the Game allow you to chat (for a time-limited session) to ascertain whether you are interacting with a human person or an AI bot by attempting to uncover the other side’s identity. Subject to your compliance with these Terms, AI21 grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right, during the term of these Terms, to access and play the Game solely for the purpose of your own personal benefit and enjoyment (subject to the conditions set forth herein); provided that you play the Game only for lawful purposes within the stated context of our intended and acceptable use of the Game and comply with these Terms and all applicable statutes, orders, regulations, rules and laws. The Game shall not be accessed and/or used for any business or commercial purpose. As part of the Game, you hereby acknowledge and agree that you may chat with a random human person who also access the Game at the same time (another user of the Game), an AI21 employee or an AI bot, therefore, you may be exposed to text, data, information and other content from a variety of sources. You specifically acknowledge that AI21 shall not be responsible for any User Content (as defined below) or any conduct of such human person and the risk of harm or damage from the foregoing rests entirely with the User. You may not submit any confidential information, personal data or real details. You also may not submit any other type of information which is not intended to understand whether you are chatting with a human or an AI bot (e.g., links, URLs).
2. Registration and Access
You must be at least 16 years old to use the Website and play the Game. You agree that we may monitor the Website and the Game from our own systems to ensure quality, improve our products and services, and ensure compliance with these Terms. In order to store your score on the Game, you can create an account (“Account”). You may do so by providing your email address, we will then send you a “magic link” for you to store your score and access it next time. You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. As between you and AI21, you are solely responsible and liable for the activity that occurs in connection with your Account. The Game will be hosted by one or more third party hosting service providers or systems selected by AI21 at its discretion, such hosting service providers or systems may change from time to time. The availability of the Game will be subject to the terms and uptime commitments offered by each such hosting provider.
3. Restrictions
As a condition to providing access to the Website and allowing you to play the Game, you shall not and shall not allow any third party to: (i) copy, distribute, create public Internet “links” to, “frame”, “mirror” or modify any part of the Website and the Game without our prior written authorization; (ii) sell, assign, transfer, lease, rent, sublicense, or otherwise distribute or make available the Website and the Game to any third party; (iii) decompile, disassemble, decrypt, reverse engineer or extract the Website and the Game; (iv) remove, alter, or conceal any copyright, trademark, or other proprietary rights notices displayed on or in the Website and the Game; (v) use the Website and the Game to develop any platform, game, service or product that is the same as (or substantially similar to), or otherwise competitive with, the Website and the Game; (vi) store or transmit any robot, malware, Trojan horse, spyware, or similar malicious item intended to damage or disrupt the Website and the Game, participate, assist, permit, allow and/or generate any denial of service attacks (including distributed denial of service attacks – DDoS), or use or launch any automated system, including “robot”, “spider”, or any other automated means to access, play the Game and/or guess whether you are chatting with an AI bot or a human; (vii) share or try to extract or ask for any identifiable personal information from the other side of the chat (e.g., social media links or phone number); and/or (viii) violate applicable laws or any third party rights. You shall not use the Website and the Game for any fraudulent or unlawful purpose or beyond the scope of the Game’s intended use and purpose (in AI21's sole judgment), and shall not take any action to interfere in any manner with the operation, or hosting, of the Website and the Game, or any other party’s use thereof. In addition, the Website and the Game shall not be used: (i) for commercial purposes, (ii) as a marketing or spam platform or chat, and/or (iii) as a social platform or for any socializing purposes.
4. Intellectual Property Rights
AI21 (and/or its licensors, as applicable) is, and shall be, the sole and exclusive owner of all right, title and interest (including, without limitation, all intellectual property rights) in and to the Website and the Game, including, without limitation, the text, software, design, graphics, photos, interactive features and all reproductions, corrections, modifications, enhancements and improvements to the Website and the Game. If you contact AI21 with feedback data, whether orally or in writing (e.g., questions, comments, reports, suggestions or the like), regarding the Website and the Game (“Feedback”), such Feedback shall be deemed the exclusive property of AI21, and you hereby irrevocably transfer and assign to AI21 all intellectual property rights to the Feedback and waive any and all moral rights or economic rights that you may have in respect thereto.
5. User Content
The Website and the Game may permit the provision, submission and transmission through, the Game (or as otherwise provided or made available to AI21), by you or on your behalf of any data, information, input, ideas, text, notes and/or other content submitted in connection with your use of the Game (“User Content”). By submitting any User Content, you represent, warrant and covenant that you own or have acquired all the necessary permits and rights to do so, that you have complied and will comply at all times with applicable laws, and that you have not and will not infringe, misappropriate or violate third party rights (including without limitation intellectual property rights, and proprietary or privacy rights). As between the parties and to the extent permitted by applicable law, you own all User Content. As a result, you grant us a license to your User Content for the following purposes: (i) providing you the Website and the Game, including, without limitation, sharing and transmitting the User Content submitted to the chat to other users; (ii) providing operating and improving the Website and the Game and our products and services (for example, your acceptance or rejection of suggestions may help train our suggestion engine); (iii) protecting the Website and the Game; (iv) customizing the Website and the Game; and (v) developing new technologies and services. To the maximum extent permitted by law, AI21 shall have no liability with respect to the User Content, including, without limitation, for its accuracy, legality, and quality and for ensuring your User Content does not violate any applicable laws or third party rights. You are solely responsible and liable for the maintenance and backup of all User Content and other safeguards appropriate for your needs. When submitting any User Content, you shall not (a) post, upload, share, transmit or otherwise make available to or through the Website and the Game any content (including, messages) that is or may be, unlawful, harmful, threatening, intimidating, deceptive, fraudulent, pornographic, obscene, discriminatory, defamatory, invasive of or violative of privacy or publicity rights, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam” (including unsolicited promotions and advertising); (b) violate or attempt to violate, the security and the operation of the Website and the Game and abuse the Website, the Game and/or these Terms in any way; and/or (c) use the Website and the Game to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
6. Anonymous Information
Notwithstanding any other provision in these Terms, some of the abovementioned User Content will be used for detecting, taking steps to prevent and prosecute fraud or other illegal activity, identifying and repairing errors, and conducting audits and for security purposes. User Content may also be used to comply with applicable laws, with investigations performed by the relevant authorities, for law enforcement purposes and/or to exercise or defend legal claims. In certain cases, we will anonymize or de-identify your User Content (including, personal data) and further use it for internal and external purposes, including, without limitation, to improve the Website and the Game, our services and our products (including through the use of artificial intelligence), to create and publish benchmarks and/or to share the Anonymous Information with academic and research entities and organizations. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our services. We may use Anonymous Information and/or disclose it to third parties without restrictions (for example, with academic institution and universities) for research purposes, in order to improve our services and enhance your experience and/or to develop new product features and improve existing offerings.
7. Privacy
You acknowledge and agree that we will use any personal data that we may collect or obtain in connection with the Website and/or the Game in accordance with our privacy policy available at www.humanornot.ai/privacy-policy/ (“Privacy Policy”).
8. Warranty Disclaimers
- YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT WHEN ACCESSING AND/OR USING THE WEBSITE AND THE GAME: (I) YOU SHALL BE SOLELY RESPONSIBLE AND LIABLE FOR YOUR USER CONTENT AND THE CONSEQUENCES OF CREATING, USING OR SHARING IT; (II) YOU MAY BE EXPOSED TO USER CONTENT FROM A VARIETY OF SOURCES; AND (III) THE WEBSITE, GAME AND THE USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THE USE OF THE WEBSITE, THE GAME AND THE USER CONTENT ARE AT YOUR SOLE RISK AND FREE WILL. YOU HEREBY AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU MAY HAVE AGAINST AI21 WITH RESPECT TO THE WEBSITE, THE GAME AND/OR USER CONTENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AI21 EXPRESSLY DISCLAIMS ALL WARRANTIES AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- AI21 DOES NOT WARRANT THAT THE WEBSITE, THE USER CONTENT AND THE GAME WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE WEBSITE AND/OR THE GAME MAY OCCASIONALLY BE UNAVAILABLE, FOR EXAMPLE, FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT AI21 WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT THAT THE WEBSITE AND THE GAME ARE FREE OF VIRUSES OR OTHER HARMFUL CODE.
- YOU SPECIFICALLY ACKNOWLEDGE THAT AI21 SHALL NOT BE RESPONSIBLE FOR THE USER CONTENT AND/OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL OR NEGLIGENT CONDUCT) OF ANY USER. AI21 DOES NOT WARRANT OR ENDORSE ANY CONTENT THAT APPEARS AS USER CONTENT,DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY USER CONTENT, AND DISCLAIMS ALL LIABILITY FOR, ANY USER CONTENT AND/OR ANY OTHER CONTENT.
9. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AI21 (INCLUDING ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES AND AGENTS) SHALL NOT BE LIABLE FOR (I) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, BUSINESS, REVENUE, ANTICIPATED SAVINGS OR WASTED EXPENDITURE; AND/OR (III) ANY LOSS OF, DAMAGE OR INTERRUPTION TO, DATA, NETWORKS, INFORMATION SYSTEMS, REPUTATION OR GOODWILL, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR ACCESS TO THE WEBSITE AND THE GAME, EVEN IF AI21 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AI21 (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES AND AGENTS) FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF OR ACCESS TO THE WEBSITE AND THE GAME, EXCEED ONE HUNDRED DOLLARS ($100). ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE AND THE GAME MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
10. Term and Termination
These Terms shall become effective on the date that you commence access, use or play the Website and the Game, and remain in effect until terminated in accordance herewith. You may terminate these Terms at any time for any reason by discontinuing the use of the Website and the Game. You understand that the Website and the Game may not be available at all times, and to the maximum extent permitted by law, AI21, in its sole discretion, has the right to discontinue, remove, suspend, change, update, upgrade, modify any aspect of the Website and the Game and/or terminate these Terms and/or your access to the Website and the Game, or any part thereof at any point, for any reason, immediately at any time and with or without cause without any liability to you. AI21 shall not be liable to you or any third party for termination of the Website and the Game, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Website and the Game in any way, your only recourse is to immediately discontinue use of the Website and the Game. Upon termination of these Terms for any reason you shall cease all access and use of the Website and the Game. You acknowledge that following termination, you will lose all access to any data that may be stored on your behalf, including your score on the Game, the Website and any User Content. This Section 10 and Sections 3, 4, 5, 6, 9 and 11 shall survive termination of these Terms.
11. General
To the maximum extent permitted by law, these Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. To the maximum extent permitted by law, you agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that AI21 may seek injunctive relief in any court of competent jurisdiction. These Terms, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by AI21 without restriction or notification. You may not use AI21’s or any of its affiliates’ names, logos, or trademarks, without our prior written consent. These Terms, and any other legal notices published by us in connection with the Website and the Game, shall constitute the entire agreement between you and AI21 concerning the Website and the Game. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. AI21 may from time to time update or revise these Terms. If the changes are material, AI21 will post the updated or revised Terms on the Website and/or the Game or update you by any other manner chosen by AI21 in its commercially reasonable discretion. Such changes will be effective ten (10) days following the foregoing notification/post thereof, and your continued use of the Website and/or the Game thereafter means that you accept those changes to the Terms as updated or revised. You can view the most current Terms on our Website. It is your responsibility to review the Terms periodically and we encourage you to do so.
Last updated: May 3, 2023