(A) We are HaveIBeenEncoded and our mission is to help our Users keep track of what different AI models know about them. We do it by
(i) allowing Users to search names and display responses from different AI Large Language Models
(ii) allowing Users to sign up with their email to learn when a name gets added or changed in any AI model outputs; and
(iii) allowing Users to send communications to companies building Large Language Models to opt out of their name being included.
(B) We are developing both our technology and our business, so these terms are likely to change over time. If you no longer agree with the updated terms, just stop using our service and delete your account.
(C) We don’t share your Personal Data with anyone else, except with your permission or if required to do so by the law. When you delete your user account, we shall erase all your Personal Data.
1. Introduction
1.1 “We” are Perceptron OÜ, a private limited company with registration code 12616373 and a primary place of business is Merikotka 9, Kuressaare, Estonia.
1.2 “You” are the natural person who uses our Services, Apps and/or Website. You must be at least 18 years old to use our Services.
1.3 These Terms of Service, together with our Privacy Policy and details listed in the FAQ on the main website (collectively “Terms”) govern your use of the services (“Services”), content (“Service Content”) and mobile applications (“Apps”) that we make available to you through HaveIBeenEncoded.com (“Website”) and/or the Apps.
1.4 By using our Services and/or Apps, you acknowledge that you have read, understood and accepted the Terms in full. If you disagree with the Terms or any part thereof, then you must not use the Services or Apps.
2. Your account, content and personal data
2.1 We reserve the right to restrict access to some or all Services or Service Content at our discretion. We may choose to make certain Services or Service Content exclusively available to authenticated users.
2.2 To create your user account, we collect from you certain information that may include your email address, mobile phone number and/or other contact information. By giving us your contact information, you agree that we may use it to contact you for customer support, confirmations, product or service offers, and other such matters, as well as to process payments towards any offered paid services we may offer and as specified in these Terms of Service.
2.3 As you use the Services, we also gather some information about you. We use this information primarily to personalize the Services for you and to improve the Services. For more details about how we use your Personal Data, see the Privacy Policy at https://HaveIBeenEncoded.com/static/privacy.html.
2.4 We permit and encourage you to sign up with email for inclusion into the Services. In such cases, you must ensure that you do not violate anyone else’s rights when doing so, and and you must grant us with a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable right to access your account and use your User Content as necessary for the provision of our Services and to achieve the tracking of changes to the responses to your name by AI models as specified in these Terms of Service.
2.5 You may request to terminate your account by contacting our customer support team, or by using relevant functions of the Apps or Website. Upon termination of your user account, we will immediately and permanently delete all your Personal Data in our possession (including your account information), but we may elect to keep any data that can no longer be linked to you (including without limitation your User Content) or for retention of which there is a legal basis.
3. License to use the Services, Apps and Service Content
3.1 Unless otherwise stated, we and/or our licensors own all intellectual property rights in the Services, Apps, and Service Content. You may only use the Services, Apps, and Service Content as permitted in this clause 3.
3.2 You may use the Apps and Service Content with the sole purpose of enabling your use of the Services.
3.3 You must not reproduce, redistribute, sell, rent, sublicense, publicly display, publicly perform, make available, modify, transmit or otherwise use Service Content outside the Services, whether commercially or not. Where we make Service Content specifically available for use outside the Services, such use is subject to an additional license.
3.4 You must not use the Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
3.5 Nothing in these Terms grants you any right to use our trademarks, whether registered or not, except with the purpose of referring to us, our Services and Apps.
4. Your User Content and metadata
4.1 Your User Content means material that you submit to Services, for whatever purpose.
4.2 You represent and warrant that your User Content is created by you and is not subject to anyone else’s copyright, related right, right of maker of database or any other right substantially similar to any of the foregoing that could exclude the use of User Content within our Service.
4.3 By submitting your User Content to the Services, you:
(a) grant to us a non-exclusive, irrevocable, royalty-free and worldwide license for the term of the licensed rights to use your User Content in any way and for any purpose and to sublicense these rights; and
(b) commit to never exercise against us or our licensees your copyright in your User Content, including without limitation the right to be recognized as the author.
4.4 Your User Content must not be illegal or unlawful; must not infringe any third party’s legal rights; and must not be or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.
4.5 If your User Content contains or is accompanied by metadata (including without limitation time and/or location information) that cannot be protected by copyright but can be protected by other rights, then the license granted in clause 4.3(a) above applies, mutatis mutandis, to such metadata as well.
4.6 If you knowingly submit any metadata together with your User Content, then you undertake to ensure that such metadata is reasonably accurate and adequate.
4.7 Notwithstanding our rights under these Terms in relation to User Content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website. If you discover any content on our website that appears to infringe your rights, send us a specific claim to info@HaveIBeenEncoded.com and we will promptly remove the infringing content.
4.8 You are solely responsible for any taxes or fees that may be incurred as a result of your use of the Services and your commitment of money towards your social media growth goal and the automatic donation to the anti-charity as specified in these Terms of Service.
4.9 You agree to promptly pay any such taxes or fees that may be applicable to your use of the Services.
4.95 The company shall not be liable for any taxes or fees that you may incur as a result of your use of the Services.
5. Disclaimer of warranty
5.1 You agree that your use of the Services is at your own sole risk and that the Services are provided on an “as is, as available” basis, without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, we and our affiliates, officers and/or employees expressly disclaim any and all warranties, express or implied, regarding the Services, including any implied warranties of merchantability, fitness for a particular purpose, or noninfringement.
5.2 We strive to maintain the Services on a commercially reasonable basis. We do not warrant the completeness or accuracy of the information provided through the Services; nor do we commit to ensuring that the Services remain available or that the Service Content is kept up to date.
5.3 We try to make the Services accessible via most popular web browsers and devices. However, we cannot guarantee that the Services will function properly with all browsers, devices, and network services.
6. Limitation of liability
6.1 The Services, Apps, and Service Content are provided on an "as is" and "as available" basis. The company makes no representations or warranties of any kind, express or implied, as to the operation of the Services, Apps, or Service Content, or the information, content, materials, or products included on the Services, Apps, or Service Content.
6.2 The company will not be liable, under any circumstances and under any legal theory, for any damages or losses, including without limitation, indirect, consequential, special, incidental, or punitive damages, arising out of or in connection with the use of the Services, Apps, or Service Content, or the failure to meet the social media growth goal or the automatic donation to the anti-charity as specified in these Terms of Service.
6.3 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
6.4 Nothing in these Terms will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
6.5 The limitations and exclusions of liability set out in these Terms: (a) are subject to the provisions set out in clause 6.4 and (b) govern all liabilities arising under the Terms or in relation to the subject matter of the Terms, including liabilities arising in contract and/or in tort.
7. Miscellaneous
7.1 Breaches of Terms. Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Services, prohibiting you from accessing the Services, blocking computers and devices using your IP address or other identifying information from accessing the Services, contacting your internet service provider to request that they block your access to the Services and/or bringing court proceedings against you, including for recovering any and all damages and losses, liabilities and expenses.
7.2 Indemnity. You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms.
7.3 Assignment. We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
7.4 Severability. If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
7.5 Third-party rights. These Terms are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.
7.6 Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of the Services, and supersede all previous agreements in respect of your use of the Services.
7.7 Modification of Terms. We may revise these Terms from time to time. Revised Terms will apply to your use of the Services from the date of the publication of the revised Terms on our website or at a later date if specified in the revised Terms. If we revise these Terms, we will notify you about it (e.g. via email or when you use the Services again). If you do not agree with the revised Terms, you may request to terminate your user account and must stop using the Services.
7.8 Law and jurisdiction. These Terms will be governed by and construed in accordance with the laws of Republic of Estonia, excluding its conflict of laws provisions, and any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of Estonia.