ChatGenius
Terms

Terms of Service

Last updated: April 26, 2025

Welcome and Scope

Thank you for using ChatGenius!

These Terms of Service (Terms) govern your use of the ChatGenius application, websites, APIs, and associated services (Service) provided by Out of Context LLC (Out of Context, we, our, or us). These Terms constitute an agreement between you and Out of Context. By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Service.

Our Privacy Policy explains how we collect and handle your personal data and is an important part of this agreement, though it does not form part of these Terms.

If you use our Service on behalf of a business or organization, you confirm that you are authorized to accept these Terms on its behalf, and that organization agrees to be bound by them.

1. Eligibility and Account Registration

  • You must be at least 18 years old and capable of forming a binding contract to use the Service.
  • You agree to provide accurate and complete information when creating an account and to keep it up to date.
  • You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account.

2. Description of the Service

  • ChatGenius is a neutral routing platform that brokers requests and responses between you and one or more third-party large language models or other artificial intelligence services (Upstream AIs).
  • Out of Context does not host, operate, or control the compute infrastructure or training data of any Upstream AI.
  • Functionality, quality, and availability of the Service depend on the performance and policies of the Upstream AIs, which may change without notice.

3. Modifications to the Service or Terms

  • We may modify the Service or these Terms at any time. We will post the revised Terms and update the Last updated date.
  • Changes become effective on posting. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms.
  • If you object to material changes, your sole remedy is to stop using the Service and, if applicable, cancel your paid plan.

4. Fees and Payment

  • Certain features require payment of usage-based or subscription fees. Prices and billing terms are as described in the Service interface.
  • All fees are non-refundable except as required by law.
  • You authorize Out of Context to charge your payment method for all fees incurred under your account.
  • You are responsible for all taxes and duties associated with your purchases except for taxes based on our net income.

5. User Content and Conduct

User Content means data, prompts, files, text, code, and any other material you submit to or generate through the Service, including AI-generated output.

Responsibility

You are solely responsible for User Content and for compliance with all applicable laws. Out of Context does not claim ownership of your User Content.

Prohibited Uses

You will not:

  • Violate any law or regulation
  • Infringe or misappropriate any intellectual property or privacy right
  • Submit or generate content that is illegal, harmful, violent, deceptive, defamatory, obscene, or hateful
  • Attempt to exploit minors or solicit personal data from children
  • Probe, scan, or test the vulnerability of the Service
  • Reverse engineer or attempt to access source code of Upstream AIs
  • Interfere with or disrupt the Service or Upstream AIs

Moderation

Out of Context may, but is not obligated to, review, remove, or refuse any User Content or suspend access at any time at our sole discretion.

6. License You Grant to Out of Context

You grant Out of Context a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display User Content solely as necessary to operate, improve, and provide the Service and to comply with law.

7. Intellectual Property

  • Out of Context and its licensors retain all right, title, and interest in the Service, including all software and trademarks.
  • Except for the rights expressly granted in these Terms, no license or transfer of intellectual property rights is implied.

8. Third-Party Services and Upstream AIs

  • Your use of Upstream AIs is subject to the terms, policies, and pricing of those providers.
  • Out of Context is not responsible for the actions, content, or failures of Upstream AIs.
  • Out of Context does not make any representations regarding output generated by Upstream AIs and disclaims all liability arising therefrom.

9. Disclaimers

No Professional Advice

AI output and other information provided through the Service are for informational purposes only and should not be relied on as legal, medical, financial, or any other professional advice.

Accuracy

AI output may be inaccurate, incomplete, biased, or offensive. You should independently verify information before relying on it.

As-Is

THE SERVICE IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. Out of Context DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

10. Limitation of Liability

  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, Out of Context, ITS AFFILIATES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.
  • Out of Context's TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED US DOLLARS (US $100) OR (B) THE AMOUNTS YOU PAID TO Out of Context IN THE SIX MONTHS PRECEDING THE CLAIM.

11. Indemnification

You will defend, indemnify, and hold harmless Out of Context, its affiliates, officers, and employees from any claim, demand, or liability arising out of or related to: (a) your use of the Service; (b) your User Content; or (c) your violation of these Terms or any law.

12. Suspension and Termination

  • We may suspend or terminate your access to the Service at any time, with or without notice, for any reason including violation of these Terms.
  • Upon termination, your right to use the Service will cease, but Sections 6 through 17 will survive.

13. Export and Sanctions Compliance

You may not use the Service in violation of United States export control or sanctions laws. You warrant that you are not located in, or a citizen of, any country subject to US embargo or on any US Government restricted list.

14. Governing Law and Dispute Resolution

  • These Terms will be governed by the laws of the State of Delaware, excluding its conflict of laws rules.
  • Binding Arbitration. Any dispute arising under these Terms will be resolved through final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of arbitration will be Austin, Texas. Judgment on the award may be entered in any court of competent jurisdiction.
  • Class Action Waiver. You and Out of Context agree to resolve disputes only on an individual basis and not on a class, representative, or collective basis.

15. Copyright Policy (DMCA)

If you believe content available through the Service infringes your copyright, send a notice of claimed infringement to [email protected] with the information required by 17 U.S.C. § 512(c)(3). We will respond in accordance with the Digital Millennium Copyright Act.

16. Feedback

If you provide suggestions, ideas, or other feedback about the Service (Feedback), you grant Out of Context a perpetual, irrevocable, royalty-free license to use the Feedback for any purpose without compensation or attribution.

17. Miscellaneous

  • Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Out of Context regarding the Service.
  • Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in effect.
  • Assignment. You may not assign or transfer these Terms without our prior written consent. Out of Context may freely assign these Terms.
  • Waiver. Failure to enforce any provision will not constitute a waiver of future enforcement.
  • Force Majeure. Out of Context will not be liable for any failure or delay due to causes beyond its reasonable control.

Contact

For questions about these Terms, contact us at:

Out of Context LLC
1234 Congress Ave., Suite 100
Austin, TX 78701
Email: [email protected]