Terms & conditions
1.Introduction
About myAuxilium: myAuxilium is a SaaS application for generative artificialintelligence that allows users to generate content automatically.
Purpose of the Terms and Conditions: These Terms and Conditions (T&Cs) govern theuse of myAuxilium's services.
Acceptance of the Terms and Conditions: By using myAuxilium's services, you agree tocomply with these T&Cs.
Publisher Information: The myAuxilium solution is published by Jupiter Consulting Ltd,located at Silicon Avenue 4th Floor, The Catalyst Building, Ebene, MAURITIUS,Business Registration No.: C21183077.
2. Definitions
"Service": Refers to the myAuxilium SaaS application and any related servicesprovided by Jupiter Consulting Ltd.
"User": Any individual or entity using the myAuxilium service.
"Data": Any information, including personal data, provided by the user orcollected by myAuxilium during the use of the service.
"myAuxilium Content": Refers to text, graphics, images, music, software,machine learning models, audio, video, works of authorship of any kind, andinformation or other materials that are posted, generated, provided, orotherwise made available through the Service by myAuxilium or its licensors.
"User Content": Refers to any content that you provide to be made available through theService, including any output generated using the Service.
"Organization Content": Refers to any content provided by users who arepart of an organization using the Service.
Collectively,myAuxilium Content, User Content, and Organization Content are referred to as "Content".
"Content": Any text, images, or other materials generated or uploaded by the userthrough the myAuxilium service.
3. User Obligations
Eligibility: Users must be atleast 18 years old and have the legal capacity to enter into a bindingagreement to use the myAuxilium service.
User Promises: Users agree toprovide accurate and complete information when creating an account and to keepthis information up to date. Users also agree to use the service in compliancewith all applicable laws and regulations.
Account Security: Users areresponsible for maintaining the confidentiality of their account credentials,including their password, and for restricting access to their computer and/oraccount. Sharing of user login or password is prohibited. Users acceptresponsibility for any and all activities or actions that occur under theiraccount. Users must notify myAuxilium immediately upon becoming aware of anybreach of security or unauthorized use of their account.
Personal Account: Each accountis personal, and multiple individuals are not permitted to log insimultaneously to the same account by any means, including within the samecompany. Violation of this rule may result in:
Suspension of the Account: Fora first-time violation, the account may be temporarily suspended, and the userwill be notified to rectify the issue.
Deletion of the Account: Forrepeated violations or failure to rectify the issue after suspension, theaccount may be permanently deleted.
Username Restrictions: Usersmay not use as a workspace username the name of another person or entity thatis not lawfully available for use, or a name or trademark that is subject toany rights of another person or entity other than the user, without appropriateauthorization. Users may not use as a username any name that is offensive,vulgar, or obscene.
4. Rights and Limits
Content Ownership: Users retain ownership of the content theygenerate using the myAuxilium service. myAuxilium does not claim any ownershiprights in any User Content, and nothing in these Terms will be deemed torestrict any rights that users may have to use and exploit their User Content.Subject to the foregoing, myAuxilium and its licensors exclusively own allright, title, and interest in and to the Service and myAuxilium Content,including all associated Intellectual Property Rights. Users acknowledge thatthe Service and myAuxilium Content are protected by copyright, trademark, andother laws of Mauritius and foreign countries. Users agree not to remove,alter, or obscure any copyright, trademark, service mark, or other proprietaryrights notices incorporated in or accompanying the Service or myAuxilium Content.
Rights in User Content Granted by Users: By making any User Content available through theService, users grant myAuxilium a non-exclusive, transferable, worldwide,royalty-free license, with the right to sublicense. This license allowsmyAuxilium to use, host, cache, store, reproduce, transmit, publicly display,publicly perform, publish, distribute, and modify (for formatting purposesonly) the User Content solely to operate and provide the Service and myAuxiliumContent to users. Depending on the permissions granted, this may also includeother users, individuals, and/or organizations. Despite this license, usersretain all their rights to their User Content. If users provide OrganizationContent, the ownership of such content may be determined by any agreementbetween the user and the Organization. In the absence of such an agreement, theOrganization may own the rights to any Organization Content provided by theuser.
User Responsibility for User Content: Users are solely responsible for their UserContent. Users represent and warrant that they own their User Content or haveall rights that are necessary to grant myAuxilium the license rights in theirUser Content under these Terms. Users also represent and warrant that neithertheir User Content, nor their use and provision of their User Content to bemade available through the Service, nor any use of their User Content bymyAuxilium on or through the Service will infringe, misappropriate, or violatea third party’s intellectual property rights, or rights of publicity orprivacy, or result in the violation of any applicable law or regulation orviolate any agreement users have with any third party.
Sharing User Content: Users may designate their User Content as “public” (such as sharingUser Content with an Organization Workspace) or “private”. Users agree thatUser Content designated as public will be accessible by and be available toother users of the Service to whom access is granted. Consequently, usersunderstand and agree that such users will have the right to view, comment on,and tag publicly designated User Content. If users grant additional permissionswith respect to their User Content, they understand and agree that such userswill, depending on the permissions granted, have the ability to use, publish,display, modify, or duplicate such User Content. Users grant myAuxilium allrights necessary to make any publicly designated User Content available toother users of the Service and to permit those users to engage in theactivities described in this section with respect to publicly designated UserContent.
Removal of User Content: Users can remove their User Content that isdesignated as private by specifically deleting it. However, some User Contentmay not be completely removed, and copies of User Content may continue to existon the Service. Additional details with respect to the removal and storage ofUser Content are set forth in Section 8 (Termination).
Rights in Content Granted by myAuxilium: Subject to users' compliance with these Terms,myAuxilium grants to users a limited, non-exclusive, non-transferable license,with no right to sublicense, to download, view, copy, display, and print themyAuxilium Content solely in connection with their permitted use of theServices and solely for personal and non-commercial purposes.
Content and Use Policy and Monitoring Content: Users agree that their useof the Service and all User Content will comply with myAuxilium’s Content andUse Policy. Although myAuxilium is not obligated to monitor access to or use ofthe Service or Content or to review or edit any Content, myAuxilium has theright to do so for the purpose of operating the Service, to ensure compliancewith these Terms, and to comply with applicable law or other legalrequirements. myAuxilium reserves the right, but is not obligated, to remove ordisable access to any Content, including User Content, at any time and withoutnotice, including, but not limited to, if myAuxilium, at its sole discretion,considers any Content to be objectionable or in violation of these Terms.myAuxilium has the right to investigate violations of these Terms or conductthat affects the Services. myAuxilium may also consult and cooperate with lawenforcement authorities to prosecute users who violate the law.
Service Availability: myAuxilium strives to provide continuous access to the service butdoes not guarantee uninterrupted availability. The service may be temporarilyunavailable due to maintenance, upgrades, or other reasons.
Modification of the Service: myAuxilium reserves the right to modify or discontinue the service, inwhole or in part, at any time, with or without notice.
Limitation of Liability: myAuxilium is not liable for any indirect, incidental, orconsequential damages arising from the use of the service. The total liabilityof myAuxilium for any claim related to the service is limited to the amountpaid by the user for the service in the 12 months preceding the claim.
5. Users within an Organization
Organizational Accounts: Users may be part of an organization that has anaccount with myAuxilium. In such cases, the organization is responsible formanaging the access and use of the service by its members.
User Roles and Permissions: The organization may assign different roles andpermissions to its members, determining the level of access and functionalityavailable to each user. The organization is responsible for ensuring that itsmembers comply with these T&Cs.
Responsibility of the Organization: The organization is responsible for allactivities that occur under its account, including the actions of its members.The organization must ensure that its members use the service in accordancewith these T&Cs and any applicable laws and regulations.
Data Ownership and Access: The organization retains ownership of the datagenerated by its members using the myAuxilium service. However, individualusers within the organization may have access to and control over the data theygenerate, subject to the organization's policies and permissions.
Termination of Organizational Accounts: myAuxilium reserves the right to suspend orterminate the account of an organization if it or its members violate theseT&Cs or engage in misuse of the service. In such cases, the organizationwill be notified, and appropriate actions will be taken to address the issue.
Communication and Support: myAuxilium will communicate with the organizationthrough designated contact persons. The organization is responsible forensuring that its contact information is up to date and for relaying importantinformation to its members.
6. Restrictions on Use of the Service
Youmay not do any of the following, unless applicable laws or regulations prohibitthese restrictions, or you have our express written permission to do so:
Prohibited User Content: Post, upload, publish, submit, or transmit any User Content that:
(i) Infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
(ii) Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iii) Is fraudulent, false, misleading, or deceptive;
(iv) Is defamatory, obscene, pornographic, vulgar, or offensive;
(v) Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
(vi) Is violent or threatening or promotes violence or actions that are threatening to any person or entity;
(vii) Promotes illegal or harmful activities or substances.
Technical Restrictions:
Duplicate,decompile, reverse engineer, disassemble, or decode the Service (including anyunderlying idea or algorithm), or attempt to do any of the same;
Access or use the Service in any manner that could disable, overburden, damage,disrupt, or impair the Service or interfere with any other party's access to oruse of the Service or use any device, software, or routine that causes thesame;
Access or use the Services in any manner, including in regards to data storage, inexcess of any fair usage limits as determined by myAuxilium at its solediscretion;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Service,accounts registered to other users, or the computer systems or networks connectedto the Service;
Circumvent,remove, alter, deactivate, degrade, or thwart any technological measure orcontent protections of the Service;
Use any robot, spider, crawlers, or other automatic device, process, software, orqueries that intercepts, “mines,” scrapes, or otherwise accesses the Service tomonitor, extract, copy, or collect information or data from or through theService, or engage in any manual process to do the same;
Introduce any viruses, trojan horses, worms, logic bombs, or other materials that aremalicious or technologically harmful.
Technical Restrictions:
Usethe Service for illegal, harassing, unethical, or disruptive purposes;
Violateany applicable law or regulation in connection with your access to or use ofthe Service;
Accessor use the Service in any way not expressly permitted by these Terms.
7. Data Handling
Privacy Policy: myAuxilium is committed to protecting the privacy of its users. Thecollection, use, and sharing of personal data are governed by the myAuxiliumPrivacy Policy, which is incorporated by reference into these T&Cs.
Data Collection: myAuxilium collects personal data provided by users during accountcreation and use of the service, as well as data generated through userinteractions with the service.
Data Use:Personal data is used to provide, maintain, and improve the myAuxilium service,as well as to communicate with users and comply with legal obligations.
Data Sharing: myAuxilium may share personal data withthird-party service providers who assist in operating the service, as well aswith affiliates and partners for business purposes. However, myAuxilium willensure that any third parties with whom data is shared adhere to strict dataprotection standards and use the data solely for the purposes of providing theservice. Data may also be shared in response to legal requests or to protectthe rights and safety of myAuxilium and its users. Users will be notified ofany significant changes in data sharing practices and will have the opportunityto opt-out where applicable.
User Rights: Users have the right to access,correct, delete, and restrict the processing of their personal data. Users canexercise these rights by contacting myAuxilium at the provided contactinformation.
8. Security and Misuse Prevention
Security Measures: myAuxilium implements appropriate technical and organizationalmeasures to protect user data from unauthorized access, disclosure, alteration,and destruction.
Acceptable Use: Users agree to use the myAuxilium service only for lawful purposes andin accordance with these T&Cs. Users must not use the service to generateor distribute content that is illegal, harmful, or violates the rights ofothers.
Prohibited Activities: Users must not engage in activities that could harm the service or itsusers, such as hacking, distributing malware, or attempting to gainunauthorized access to the service.
Consequences of Misuse: myAuxilium reserves the right to suspend or terminate the accounts ofusers who violate these T&Cs or engage in misuse of the service. myAuxiliummay also take legal action to address misuse and protect its rights andinterests.
9. Disclaimer and Limitation of Liability
Disclaimer of Warranties: myAuxilium provides the service "as is" and "asavailable" without any warranties of any kind, either express or implied.myAuxilium does not warrant that the service will be uninterrupted, error-free,or free of harmful components.
Limitation of Liability: To the fullest extent permitted by law, myAuxilium, nor its directors,employees, partners, agents, suppliers, or affiliates, shall be liable to anyUser for any indirect, incidental, special, consequential, or punitive damages,including without limitation, loss of profits, data, use, goodwill, or otherintangible losses, whether based on warranty, contract, tort (includingnegligence) or any other legal theory, whether or not we have been informed ofthe possibility of such damage, and even if a remedy set forth herein is foundto have failed of its essential purpose. myAuxilium’s total aggregate liabilityarising out of or relating to any User use of the service and these terms islimited to the greater of (i) $100 USD; or (ii) one hundred percent (100%) ofany amount you’ve paid for your subscription in the preceding twelve (12) monthperiod.
10. Termination
Termination by User: Users may terminate their account at any time by following theinstructions provided in the service. Upon termination, users will no longerhave access to the service, and any data associated with the account may bedeleted.
Termination by myAuxilium: myAuxilium may terminate or suspend a user'saccount and access to the service at any time, with or without cause, with orwithout notice. Reasons for termination may include violation of theseT&Cs, misuse of the service, or other conduct that myAuxilium deems harmfulto its interests or the interests of other users.
Effect of Termination: Upon termination, all rights and licenses granted to the user underthese T&Cs will immediately cease. The user remains responsible for anyfees or charges incurred prior to termination. Sections of these T&Cs thatby their nature should survive termination will continue to apply.
Right of Withdrawal: Users have the right to withdraw from the service within one weekafter the renewal period, provided that the application has not been usedduring these seven days. If the application has been used, the right ofwithdrawal does not apply.
Failed Payment: If the automatic subscription payment fails for any reason, includingthe validity of the user's payment method, myAuxilium will retain the dataproduced by the user during the use of the application, such as uploadeddocument collections or conversations, for only one week. After this period,the data may be destroyed, and the account may be deleted.
11. Governing Law and Dispute Resolution
Governing Law: These T&Cs and any disputes arising out of or related to them orthe service will be governed by and construed in accordance with the laws ofMauritius, without regard to its conflict of law principles.
Dispute Resolution: Any disputes arising out of or related to these T&Cs or theservice will be resolved through binding arbitration conducted by a singlearbitrator in accordance with the rules of the Mauritius Chamber of Commerceand Industry (MCCI). The arbitration will take place in Port Louis, Mauritius,and the language of the arbitration will be English.
Exceptions: Notwithstanding the foregoing, either party may seek injunctive orother equitable relief in any court of competent jurisdiction to prevent orstop any unauthorized use or misuse of the service or infringement ofintellectual property rights.
12. General Terms
Assignment: Users may not assign or transfer any of their rights or obligationsunder these T&Cs without the prior written consent of myAuxilium.myAuxilium may assign or transfer its rights and obligations under theseT&Cs without restriction.
Notices: Allnotices or other communications required or permitted under these T&Cs willbe in writing and delivered to the other party by email or through the service.Notices to myAuxilium should be sent to the contact information provided inthese T&Cs.
Severability: If any provision of these T&Cs is found to be invalid orunenforceable, the remaining provisions will remain in full force and effect.
Waiver: Thefailure of myAuxilium to enforce any right or provision of these T&Cs willnot be deemed a waiver of such right or provision.
Entire Agreement: These T&Cs constitute the entire agreement between the user andmyAuxilium regarding the service and supersede any prior agreements orunderstandings, whether written or oral, relating to the subject matter ofthese T&Cs.
13. Complaints RegardingContent
Procedure for Complaints: If you believe that any content available on the myAuxilium serviceviolates your rights or is otherwise inappropriate, you may submit a complaintto myAuxilium. Complaints should include a detailed description of the contentin question and the reasons for the complaint.
Review and Action: myAuxilium will review all complaints and take appropriate action,which may include removing the content, suspending or terminating the accountof the user responsible for the content, or taking other measures as deemednecessary.
Contact Information for Complaints: Complaints regarding content should be sent tothe contact information provided in these T&Cs.
14. How to Contact Us
Contact Information: If you have any questions, concerns, or complaints regarding these T&Cs or the myAuxilium service, you can contact us at:
Email: support@myauxilium.io
Address: Jupiter Consulting Ltd, Silicon Avenue 4th Floor, The Catalyst Building, Ebene,MAURITIUS
Business Registration No.: C21183077