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Terms of Service

Last Updated: August 28, 2026

On this page
  1. 1. Agreement to Terms
  2. 2. Privacy Notice
  3. 3. Changes to these Terms or the Services
  4. 4. Who May Use the Services?
  5. 5. API
  6. 6. Feedback
  7. 7. Fees
  8. 8. Your Content, Input and Output
  9. 9. General Prohibitions and Our Enforcement Rights
  10. 10. Beta Features
  11. 11. Copyright Policy
  12. 12. Links to Third Party Websites or Resources
  13. 13. Termination
  14. 14. Warranty Disclaimers
  15. 15. Indemnity
  16. 16. Limitation of Liability
  17. 17. Governing Law and Forum Choice
  18. 18. Dispute Resolution
  19. 19. General Terms
  20. 20. Contact Information

Please read these Terms of Service (the “Terms”) and our Privacy Notice (https://persimmon.humansand.ai/docs/privacy_notice) (“Privacy Notice”) carefully because they govern your use of the user model provided by humans& ai, inc. (“we,” “us,” or “our”) accessible via an API Key or AI playground (“Playground”) we make available to you (the “Services”).

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: IF YOU ARE ACCESSING AND USING THE API AND THE SERVICES AS AN INDIVIDUAL (NOT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY), WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

(a) Eligibility. You may use the Services only if you are 18 years or older, and capable of forming a binding contract with us, and not otherwise barred from using the Services under applicable law.

(b) Compliance. You will access the Services via the API Key issued to you or access the Playground with our approval via access codes or similar. We reserve the right to verify your ongoing eligibility at any time and to request additional information to confirm your ongoing eligibility. We may suspend or terminate your access to the Services if you fail to meet these eligibility requirements.

(a) Access and Use. Subject to your compliance with these Terms and where we provide you an API Key, we grant you a nonexclusive right to access and use the API to access and use the Services for the purposes of developing applications that communicate with and leverage the functionality of the Services. We reserve all rights in and to the API not expressly granted to you in this Section. In the API access context, you must obtain credentials (an “API Key”) from us through the registration process to access the Services. You are solely responsible for all usage associated with your API Key, regardless of whether you have knowledge of such usage. Subject to your compliance with these Terms and where we provide you access to the Playground, we grant you a nonexclusive right to access and use the Playground in relation to the Services. We reserve all rights relating to the Playground not expressly granted to you in this Section. In the Playground context, you must obtain Playground access credentials from us through our registration process to access the Services. You are solely responsible for all usage associated with your credentials for the Playground, regardless of whether you have knowledge of such usage.

(b) Restrictions. Except as expressly authorized in writing, you may not: (i) copy, modify, display, distribute, transfer or sublicense the API or Playground or otherwise make the functionality of the API or Playground available to any third party through any means; or (ii) access or use the API or Playground for the purpose of monitoring the availability, performance, or functionality of the Services or for any other benchmarking or competitive purpose.

(c) Limitations. We may set and enforce limits on your use of the API or Playground, including but not limited to the number of API calls that you may make or the rate at which you access information in our sole discretion and without notice to you, or frequency, duration, or number of turns on the Playground. For example, we may limit your API calls in the interest of service stability. We may change such usage limits at any time, and/or may utilize technical measures to prevent over-usage. If you exceed the limits, we may moderate your activity or cease offering you access to the API or Playground altogether in our sole discretion.

(a) Submitting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), documents, graphics, images, music, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.

(b) Permissions to Your User Content. By making any User Content and Input (defined below) available through the Services you hereby grant to us a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify (for formatting purposes only), distribute, publicly display, and publicly perform your User Content and Input in connection with operating and providing the Services.

(c) Your Responsibility for User Content. You are solely responsible for all your User Content or Input. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content and Input under these Terms. You represent and warrant that neither your User Content and Input, nor your use and provision of your User Content or Input to be made available through the Services, nor any use of your User Content or Input by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(d) Input and Output. The Services may generate output for you (each, “Output”) in response to messages, User Content or other input sent or provided to us (collectively, “Input”). As between you and us, to the extent permitted by applicable law and subject to Section 8(e) you own all Input that you provide. You may not sell or share for commercial benefit or purposes Output to any third parties. We may use and modify Input and Output to operate and improve the Services and to enforce any applicable acceptable use policies or usage policies and to comply with applicable law.

(e) Our Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.

(a) 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 or coordinates acts of physical harm, including sexual/physical assault or abuse or suicide or self-harm or sharing any non-consensual intimate activity; (viii) promotes illegal or harmful activities or substances; or (ix) contains confidential, biometric, or personal information unless authorized to use it;

(b) Send messages using the Services to any person that does not meet the eligibility requirements described in Section 4(a);

(c) Use, display, mirror or frame the Services or any individual element within the Services, our name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;

(d) Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;

(e) Attempt to probe, scan or test the vulnerability of any of our systems or networks or breach any security or authentication measures;

(f) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services;

(g) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;

(h) Send any unsolicited or unauthorized advertising, promotional materials, text messages, email, junk mail, spam, chain messages or other form of solicitation;

(i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or use the Services to send messages with falsified, altered, deceptive or false source-identifying information;

(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

(n) Impersonate or misrepresent your affiliation with any person or entity;

(o) Use the Services in a manner that represents or implies that communications generated by or with the assistance of an AI agent are communications with a human; communicate with or on behalf of any person without clear, prior disclosure that the interaction is automated or includes an AI agent; present synthetic or AI-generated output as the genuine opinions, reviews, endorsements or statements of a real person; or otherwise use the Services to impersonate any person or entity or to conceal the involvement of AI in any interaction;

(p) Use the Services to manufacture, fabricate or artificially generate comments, reviews, followers, political enthusiasm, customer testimonials, or mass unsolicited messages, or to otherwise create fake engagement of any kind;

(q) Present an AI agent as a real romantic partner, impersonate another person’s partner or other intimate relation, or design or use an AI agent in a manner intended to foster emotional dependency, extract money, isolate users, or provide sexual or erotic interaction;

(r) Exploit grief, loneliness, mental illness, age, cognitive impairment or vulnerability or any similar condition of any person to increase engagement, generate revenue or for any other purpose;

(s) Represent that survey results, statistics, customer sentiment or other data derived from AI-generated or simulated responses reflect actual human opinions or participation without clearly labeling such results as synthetic estimates and stating their uncertainty;

(t) Use any simulation of an employee, customer, voter, patient or other individual to substitute for, or purport to constitute, that person’s actual consent, authorization or decision;

(u) Rely on Output as a final decision, professional advice or substitute for human judgment in any consequential use case (including, without limitation, legal, medical, financial, employment or safety contexts) without appropriate human review;

(v) Violate any applicable law or regulation; or

(w) Encourage or enable any other individual to do any of the foregoing.

We are not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

(a) THE API, PLAYGROUND, AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the API, PLAYGROUND, or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

(b) Due to the nature of machine learning, Output may not be unique and the Services may generate the same or similar output for another user or a third party. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE SERVICES MAY IN SOME SITUATIONS PRODUCE OUTPUT THAT IS INACCURATE, INCORRECT, OFFENSIVE OR OTHERWISE UNDESIRABLE. THE ACCURACY, QUALITY AND COMPLIANCE WITH APPLICABLE LAW OF THE OUTPUT IS DEPENDENT UPON AND COMMENSURATE WITH THAT OF THE INPUT PROVIDED AND YOUR COMPLIANCE WITH THESE TERMS, AND NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN, WE WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM USER CONTENT, INPUT, OUTPUT OR THEIR USE. You will evaluate the content, nature and accuracy of any Output as appropriate for the applicable use case, including by using human review of the Output.

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE API, PLAYGROUND, OR THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE API, PLAYGROUND, OR SERVICES EXCEED THE GREATER OF: (I) AMOUNTS (IF ANY) ACTUALLY PAID BY YOU OR ARE PAYABLE BY YOU TO US FOR USE OF THE SERVICES, OR (II) ONE HUNDRED DOLLARS $100.00.

(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

(b) Exceptions. As limited exceptions to Section 18(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we will not seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we will pay all of our attorneys’ fees and costs and will not seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

(e) Injunctive and Declaratory Relief. Except as provided in Section 18(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

(f) Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

(g) Severability. With the exception of any of the provisions in Section 18(f) of these Terms, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

(h) Dispute Resolution for Companies. If you are accessing and using the Services on behalf of a company or other legal entity, the following dispute resolution terms apply to you and not Section 18(a)-(g). As noted above, these Terms will be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws provisions, and the exclusive jurisdiction for all Disputes will be the state and federal courts located in the San Francisco County, California and you and we each waive any objection to jurisdiction and venue in such courts.

(a) Reservation of Rights. We and our licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between you and us regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between you and us regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(c) Notices. Any notices or other communications provided by us under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

(d) Waiver of Rights. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.