Terms of Service

Last Updated: December 12th, 2023

Introduction

Thank you for using GenServ AI, a product offered by Mark Two Ventures, LLC ("We", "Us", "Our", "Service"). These Terms of Service ("Agreement") constitute a legal agreement between you and Us. By using the Service, you agree to abide by these Terms of Service.

Definitions

  1. "User" refers to an individual user on the platform.
  2. "Account" refers to an entity on which users, billing, and integrations are managed
  3. "Account Admin" refers to an administrative user on an account, that can manage users, billing, and integrations
  4. "We" or "Us" or "Our" refers to Mark II Ventures, LLC
  5. "External Service" refers to a multitude services leveraged by GenServ to provide services listed
  6. "Steps" refers to the distinct actions built, each resulting in both input and output token usage of an External Service
  7. "Workflows" refers to the series of steps built to execute a run
  8. "Workflow Output" refers to the designated deliverable constructed at the end of the Workflow run
  9. "Your Data" refers to any data uploaded into the Service, or otherwise provided for processing by the Service, by or on behalf of you and your affiliates in accordance with this Agreement.

Business Model and Functionality

Scope of Service

The Service is intended to enable users to build and execute Workflows, leveraging External Service outputs to construct a target deliverable (Workflow Output). These Workflows can be shared with other Users or Accounts, at your discretion. Additionally, We may make available certain integrations that would allow Users to integrate their Workflows with third party applications.

Prohibited Activities - You may not:

  • Use the Platform for any illegal or unauthorized purpose
  • Attempt to gain unauthorized access to the Platform or its related systems or networks
  • Use the Platform to generate unsolicited email advertisements or spam
  • Use any robot, spider, crawler, scraper, or other automated means or interface to access the Platform or extract data
  • Use the platform in violation of any terms of any of the service providers made available through the platform.

Pricing and Fees

Any activity resulting in token usage of an External Service will incur a usage fee to the Account. Users may be offered, at Our discretion, some amount of free credits to be used on the Service but will need to buy more credits to continue use of the Service, when their balance is no longer sufficient to pay for the token usage of their desired action. Additionally, certain premium features may be made available only to Accounts who are actively subscribed to a premium tier. Details regarding the applicable fees for using the Service are available on the platform and are incorporated herein by reference.

Beta Versions

From time to time, We may offer Beta Versions of the Service. These are for evaluation purposes and may not be fully supported. We may discontinue Beta Versions at any time and have no liability for any harm or damage arising from your use of a Beta Version.

Legal Provisions

Governing Law

This Agreement is governed by the laws of the State of Delaware, United States.

Liability and Warranty

Mark Two Ventures provides the Service "as is" and "as available," without any warranties of any kind, either express or implied. The Workflow Outputs provided by the Service are largely constructed by External Services. We do not guarantee the specific results or that the content generated will be truthful or accurate, and users should conduct their own due diligence on all Workflow Outputs.

To the fullest extent permitted by applicable law, We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use or inability to use the Service.

Security and Data Management

Data Security

We implement and maintain robust security measures to protect against unauthorized access or alteration to Your Data. This includes encryption at rest and during transmission. All data access within the system follows zero-trust guidelines, requiring authenticated and authorized access for all system data.

Data Transmission

Your use of the Service involves the transmission of Your Data over the Internet to External Services, from a variety of providers. While We take measures to protect Your Data, you are responsible for safeguarding your information. The selection and use of any particular External Service through the Service is an acknowledgement of your agreement to the Terms of Service and/or Privacy Policy of the External Service provider. Notify Us promptly of any security breach at info@mark2ventures.com.

Data Backup

We maintain database backups for all data, with the ability to restore any time within the last seven days.

Privacy Policy

Your use of the Platform is also governed by our Privacy Policy, which can be found at https://app.GenServ.ai/privacy-policy.

Intellectual Property Rights

Ownership and Licensing

All features, and functionality provided directly by the Service, including but not limited to text, graphics, logos, icons, images, and software, are the exclusive property of Mark Two Ventures, LLC or its licensors.

Your Data and Workflow Outputs, which you upload and create during the course of using the Service, is your property. We will only use Your Data as described in Our Privacy Policy (https://app.GenServ.ai/privacy-policy). You grant Us a non-exclusive, worldwide license to use Your Data as necessary to provide the Service.

User Conduct and Restrictions

Access by Competitors

Direct competitors are prohibited from accessing the Service without Our prior written consent. No benchmarking or competitive monitoring is allowed.

Dispute Resolution

Arbitration

Any disputes arising from this Agreement will be resolved by binding arbitration in Nashville, Tennessee, U.S.A, administered by the AAA in accordance with its Comprehensive Arbitration Rules and Procedures.

Miscellaneous Provisions

Data Retention and Cancellation

Upon cancellation, there is no guarantee for data retrieval.

Changes to Terms

We reserve the right to modify these Terms and will notify users of any changes.

This Agreement is intended to be legally binding. We recommend you consult a legal advisor for any clarifications. By using the Service, you acknowledge that you understand and agree to this Agreement.

Contact Information

For any questions about these Terms, please contact us at info@mark2ventures.com.