Last updated: July 2024

ACCEPTANCE OF TERMS OF USE

GLUINO, INC., dba: GLUINO, a Delaware corporation (together, “Gluino,” “we,” “us,” or “our”) owns, operated and provides you (“User/s”) access to our service (“Gluino/Service”) located at www.gluino.io subject to the following Terms of Service, which may be updated from time to time, with or without notice to you.

"User" or "You/you/your" shall refer to any individual or entity that is bound and or obligated by this Agreement. If you do not agree to any of these terms, you may not use Gluino. By accessing and using Gluino, you acknowledge that you have read, understood, and agree to be legally bound by Gluino's Terms of Service and <a href="/privacy">Privacy Policy</a> which are hereby incorporated by reference (collectively, this “Agreement”). *Capitalized terms not defined in these Terms of Service shall have the meaning set forth in our <a href="/privacy">Privacy Policy</a>.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

ANY USER DESIRING TO UTILIZE GLUINO IS BOUND BY THE TERMS AND PRIVACY POLICIES HEREIN.

1. SERVICES

For the purposes of these Terms and Conditions, all Users shall be known as "User", "Users", "you" or "your".

Gluino is an Artificial Intelligence application that uses a combination of AI/ML techniques to learn and better anticipate a User's queries. Gluino uses third party providers including but not limited to services like: OpenAI. Gluino uses User queries to "learn" at an anonymized and aggregated level. With ongoing interaction with Gluino, Gluino's answers will become more customized to the User's specific interests. Gluino may transmit personal information to these third-party providers under the condition that those providers do not store that information, and they only use the personal information to service that specific request.

USER BEWARE - GLUINO MAY PRODUCE AI HALLUCINATIONS: …[AI] HALLUCINATION OR ARTIFICIAL HALLUCINATION IS A RESPONSE GENERATED BY AI WHICH CONTAINS FALSE OR MISLEADING INFORMATION PRESENTED AS FACT. [*Wikipedia]

ALL ANSWERS GIVEN BY GLUINO ARE GIVEN "AS-IS", WITH ALL DEFECTS, FOR NO PARTICULAR PURPOSE AND WITHOUT WARRANTY. IT IS RECOMMENDED THAT USERS FACT-CHECK ANY ANSWER PROVIDED BY GLUINO. USERS USE GLUINO AT THEIR OWN RISK.

2. ELIGIBILITY - Paid Users and Free Users

Paid Users. Gluino is available for individuals aged 18 years or older. A User may elect to create a paid account by submitting an email address and subscribing to Gluino. By creating a paid account on our GLUINO, you will have access to Gluino:
1. Gluino’s memory is not limited by size for Paid Accounts
2. Gluino will use the most advanced ML techniques available to Gluino
3. A Paid Account can connect their third-party accounts like G-Suite to Gluino so Gluino can perform actions on their behalf.
Free Users. A User may also elect to use Gluino unpaid. Free Users will experience Gluino differently.
1. Gluino’s memory is limited to a single "session". A session being defined by a cookie that is automatically created for all Accounts and has limited but dynamic time span.
2. The number of requests a Free Account can make is more limited than a Paid Account.
3. The number of topics a Free Account can discuss with Gluino will be more limited than a Paid Account.
4. A Free Account cannot connect their accounts to Gluino (They can't ask Gluino to check their gmail, because they can't connect their g-mail).
BOTH Paid and Free Users acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your account. *Gluino reserves the right to accept or not accept any registration request for any reason or no reason, at Gluino’s sole discretion. Gluino reserves the right to terminate any user for any or no reason at any time, at Gluino’s sole discretion (see Section 11, below).

3. THIRD PARTY LINKS, THIRD PARTY CONTENT AND AFFILIATE MARKETING.

Gluino may contain features and functionalities that link to or provide you with access to third party links, content and affiliate marketing, that is completely independent of Gluino, including applications, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. Your interactions with and third-party links, content and affiliate marketing including end-users on or through Gluino or Services are solely between you and the third party. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from any sourced to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk. Gluino may have a financial interest if a User elects to use third party links, content and affiliate marketing provided by Gluino.

You should make whatever investigation you feel necessary or appropriate before proceeding with any contact or interaction, in connection with Gluino. However, you agree not to contact or interact with any third-party except as expressly permitted through Gluino. You also agree that Gluino may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with Gluino if it does so. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release each Gluino Party (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected, and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Site.

*IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY OTHER SIMILAR APPLICABLE STATE STATUTE), WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY".

4. How Gluino Works:

User submits a query. Gluino stores that query to the User’s account. Each User’s account is stored within Gluino and each User account is segregated from other User’s accounts.
For each User query Gluino performs a set of AI algorithms to produce a response through various online resources and databases.
All third-party sources used by Gluino use the information that Gluino provides to serve the request. Gluino does not utilize third-party sources that might use Gluino information, inclusive of User information, if that third-party does not strictly adhere to this rule.
Intentional or Inadvertent User Permission - A User's Query may intentionally or inadvertently permit Gluino to modify a User's third-party applications and accounts.
1. A User can intentionally or inadvertently request and allow Gluino to collect information into the User's "database" from third parties on their behalf.
 1. For example, if a User query asks Gluino to "check my email", then Gluino will treat that request as if it were a User query, store the query into the requesting User's account, perform AI Algorithms including sending the User's email inbox to be read by Gluino.
2. A User can intentionally or inadvertently request and allow Gluino to modify third party information on their behalf. Gluino will always confirm a modification with the User.
 1. For example, if a User query asks Gluino to create a calendar event, Gluino will create an event in the User’s Google Calendar.
3. A User can intentionally or inadvertently request and allow Gluino to perform specific modifications on their behalf without Gluino requiring a confirmation.
 1. For example, if a User query asks Gluino to respond to all emails from a Sender about a Topic, then Gluino will send reply emails to that Sender for every new email about that Topic.

5. GUIDELINES. By accessing and/or using Gluino or other services, you hereby agree to comply with these rules:

You will comply with all applicable laws in your use of Services, and you will not use the Services for any unlawful purpose;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from Gluino, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not interfere with or attempt to interrupt the proper operation of the Services by using any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means.

6. CHARGES, PAYMENT AND RETURNS.

<ins>Charges</ins>: You agree to pay all amounts due arising out of your use of the Services.
<ins>Currency</ins>: All transactions are in U.S. dollars (“USD”) unless otherwise specified at point of purchase.
<ins>Third Party Payment Processing</ins>: Gluino uses STRIPE.com, a third-party electronic payment processing provider for payment services (e.g. card acceptance, merchant settlement, and related services) ("Payment Services") for payments related to the Services. By using GLUINO Services, you agree to be bound by STRIPE's terms and conditions as well as their privacy policy both which are available on our <a href="/privacy">Privacy Policy</a>. Further, you hereby consent and authorize us to delegate the authorizations and share the information you provide to us with our third-party electronic payment processing provider(s) to the extent required to provide the Payment Services to you.
<ins>Payment Questions</ins>: All payments are final and nonrefundable. If you have any payment related issues or questions, Gluino can be contacted directly for payments support at help@gluino.io. We have the sole discretion to determine how billing disputes between us will be resolved.

7. USE OF PERSONAL INFORMATION

Your use of the Services may involve the transmission to us of certain Personal Information. Gluino only uses third-party sources that utilize Personal Information for the purposes of completing a query. No third-party source stores, aggregates, analyzes, and or uses Personal Information other than to complete a Gluino query. Our policies with respect to the collection and use of such Personal Information are governed according to our Privacy Policy (located at <a href="/privacy">www.gluino.com/privacy</a>), which is hereby incorporated by reference in its entirety.

8. NO WARRANTIES/LIMITATION OF LIABILITY

GLUINO SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND GLUINO DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. GLUINO HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, GLUINOABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE GLUINO, OR THE CONTENT, AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF GLUINO, OR THE CONTENT SHALL BE LIMITED TO PURCHASE AMOUNT OF THE TRANSACTION IN QUESTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

GLUINO MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON GLUINO. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO GLUINO AT ANY TIME WITHOUT NOTICE.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold the Gluino, its affiliates, and their respective shareholders, members, officers, directors, employees, agents, and representatives (collectively, the “Gluino Parties”) harmless from and against any and all claims, actions, or demands and relating costs, damages and liability (including, without limitation, reasonable attorneys' fees) arising or resulting from: (i) your breach of this Agreement; (ii) your use of Gluino Services and/or the Content; or (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right.

10. BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement or the Services (each, a "Dispute"), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT'S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS' Streamlined Arbitration Rules and Procedures. All applicable JAMS' rules and procedures are available at the JAMS App www.jamsadr.com. The claiming party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the San Mateo County, CA, United States. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Gluino from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Gluino's proprietary interests.

11. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12. INTELLECTUAL PROPERTY

The Services contain materials, such as software, text, graphics, images, sound recordings, audiovisual works, and other materials provided by or on behalf of Gluino (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other application or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your permission to access and/or use the Content and the Services automatically terminates, and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Gluino ("Gluino Trademarks") used and displayed on the Services are registered and unregistered trademarks or service marks of Gluino, Inc. Other Gluino, product, and service names located on the Services may be trademarks or service marks owned by others (the "Third-Party Trademarks", and, collectively with Gluino Trademarks, the "Trademarks"). Nothing about the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Gluino Trademarks inures to our benefit.

Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for every instance.

13. COMMUNICATIONS WITH GLUINO

Although we encourage you to e-mail us, we do not want, nor should you e-mail us any content that contains confidential information. With respect to all e-mails, you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.

14. COMPLIANCE WITH APPLICABLE LAWS

The Services are based in the United States. We make no claims concerning whether the Service or the Content may be viewed or used outside of the United States. If you access the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

15. TERMINATION OF THE AGREEMENT; CANCELLATION OF ACCOUNT

Either Party reserves the right to cancel an account on Gluino at will. You may terminate and delete your account using Gluino or by emailing us at help@gluino.io. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your and any device's access to all or any part of Gluino, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of Gluino at any time without prior notice or liability.

Any Paid-Users that request termination/cancellation of account must provide 30-day’s notice of termination. All subscription fees charged are non-refundable. Any termination by Gluino shall be effective as of the termination and not require 30-day notice. Any Paid-User fees shall be terminated as of the termination date. No refunds shall be given for any unused portion of a subscription period.

16. DIGITAL MILLENNIUM COPYRIGHT ACT

Gluino respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or User submissions deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the "Act") for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows: To: Gluino, Inc. Attention: DMCA, 570 El Camino Real #150 PMB 132, Redwood City, CA 94063.

17. MISCELLANEOUS

If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: "Intellectual Property," "Communications to Gluino," "No Warranties/Limitation of Liability," "Indemnification," "Termination of the Agreement," "Compliance with Applicable Laws," "Binding Arbitration," "Class Action Waiver," "Equitable Relief," and "Miscellaneous." You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its principles of conflicts of laws. Except for proceedings commenced by Gluino to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the San Mateo County, CA, United States. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. This Agreement contains the entire agreement of the parties concerning its subject matter, and supersedes all existing agreements and all other oral, written or other communication between the parties concerning the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.