Terms of Service
Your use of our Services in any manner means that you agree to the Terms. Unfortunately, if you do not agree with these Terms, you may not access or use our Services.
Focus On Foundations believes that conversational AI will fundamentally reshape the way that we interact and use computers in our everyday lives. As you interact with our Services, we will learn more about how to make this emerging technology ever more helpful, collaborative, and fun to communicate with.
Given the early state of this technology, we also acknowledge that there are areas that we will need to continually improve on to make sure that our Services can reach their full potential. As part of that, you recognize that:
You must use our Services in accordance with our Acceptable Use policy. Your access to our Services is conditioned on your agreement to use the Services in accordance with these Terms generally and our Acceptable Use policy (as detailed below in “Acceptable Use”).
The information you receive from our Services may not be accurate. You recognize that any information you receive from our Services may not be accurate or otherwise trustworthy. Do not rely on this information without fact-checking on your own first or consulting with a professional. Getting factuality right remains an active area of research for the entire field of conversational AI, and it remains a major priority for the development of Focus On Foundations services going forward. Please review the “No Warranties” section below.
You agree that you will use our Services in accordance with the following rules, as well as any other written policies we may provide from time to time:
Illegal Use: You must use our Services in compliance with the law. If your use of our Services are limited by the laws applicable to you, you are not authorized to use our Services for that purpose.
Harmful Uses: You may not use or attempt to use our Services to generate harmful content. Such content includes material that may lead to serious harm to yourself or others, content relating to unethical behavior, or content that may spread misinformation. This policy also bars attempts to use the Services to create content to be fraudulently represented as human-generated.
Abusive Content: You may not use or attempt to use our Services to generate hateful or discriminatory content, sexually explicit content, descriptions of graphic violence, or other types of shocking material.
Infringing Rights: You may not use or attempt to use our Services to infringe or violate the rights of others, including violations of the privacy of others. This includes queries to surface the personal information of individuals, including phone numbers, addresses, and other similar sensitive data.
Security: You may not attempt to engage with our Services in an effort to disable, disrupt, or otherwise subvert the security of our Services. This includes attempts to bypass or disable any content moderation and safety measures implemented within our Services.
Reverse Engineering: You may not use or attempt to use our Services to reverse engineer, decompile, or otherwise attempt to obtain the underlying models, algorithms, or source code of the Services. You may not engage in this or any other activities with regards to our Services to build products that may be competitive with Focus On Foundations.
Scraping: You may not scrape or attempt to “crawl” or “spider” any page, data, or portion of our Services, either via manual or automated means.
You will input text and other forms of media (“Content”) during your use of our Services. You agree that you shall not input any Content that is not owned by you unless you have prior written consent from the relevant rightsholder of that Content.
While you will own any Content, you agree to provide a royalty-free, perpetual, irrevocable, and worldwide license to Focus On Foundations to the Content for the following limited purposes:
Operating the Services: You grant Focus On Foundations a license to use, reproduce, modify, or otherwise act on the Content in order to enable the provision and maintenance of the Services. This includes uses to comply with applicable laws, enable the provision of our Services across channels and platforms, ensure user safety and security, and enforce our policies.
Improving the Services: You grant Focus On Foundations a license to use the Content to improve our Services and develop new Services. This license shall permit uses including but not limited to analysis of the content of conversations to understand opportunities for new features, the use of Content for model training and fine-tuning, and evaluating the performance of our existing Services.
Focus On Foundations Intellectual Property: These Terms do not provide you with any right, title, or interest in our Services, our trademarks, or other intellectual property of Focus On Foundations.
Feedback: We welcome any and all feedback, ideas for improvement, product proposals, and other suggestions. However, if you provide this to us, you recognize that we may use this without restriction and without any further notice or compensation to you.
Copyright Notices: If you believe that your copyright has been infringed by something on our Services, you can send us a DMCA compliant copyright notice by sending an email to firstname.lastname@example.org. On receipt of a compliant notice, we shall work to promptly remove or disable material identified as infringing. Please include the following information in your notice:
A description of the work or works you claim have been infringed;
A description of the content on our Services you claim to be infringing;
Your contact information, including mailing address, telephone number, and email address;
Your statement confirming a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
Your statement confirming that the information you’ve provided is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL Focus On Foundations BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Focus On Foundations EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Focus On Foundations MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Third Party Services and Websites
Focus On Foundations has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Focus On Foundations, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Focus On Foundations enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Focus On Foundations will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
Changes to the Services
Artificial intelligence is a fast-moving field, and Focus On Foundations is continually working to make our Services better for our users. This means that our Services can and will change over time. Focus On Foundations may augment, modify, discontinue, or suspend any part of our Services at any time. We will work to provide advance notice to you where appropriate, but you acknowledge that this may not always be possible.
Changes to These Terms
Focus On Foundations reserves the right to amend these Terms at any time for any reason. We will provide notice of these changes by updating this page with the revised Terms and updating the effective date. No other amendments to the Terms shall be effective unless in writing and signed by you and a representative of Focus On Foundations.
The use of any of our Services after such an amendment to the Terms shall be considered an acceptance of all changes to the Terms. If you do not agree with the revised Terms, you must immediately cease any use of our Services.
Violations: Focus On Foundations reserves the sole discretion to determine whether or not a user is in violation of any of the provisions of these Terms.
Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold Focus On Foundations, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of our Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment: You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.
Choice of Law: These Terms are governed by and will be construed under applicable federal law and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Arbitration: Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Santa Clara County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, you and Focus On Foundations shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
Jurisdiction and Venue: For all purposes of these Terms, you consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Santa Clara County, California, or the Northern District of California. The prevailing party in any action or proceeding arising out of these Terms will be entitled to an award of costs and attorneys’ fees.
Class Action Waiver: To the fullest extent permitted by law, you and Focus On Foundations agree that all claims against the other can only be brought in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding. We agree that arbitrators may not conduct any class, consolidated, or representative proceeding, and are limited to providing relief warranted by an individual party’s claim.
No Joint Venture or Beneficiaries: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Focus On Foundations, and you do not have any authority of any kind to bind us in any respect whatsoever. There are also no third-party beneficiaries intended under these Terms.
Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
Entire Agreement: You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
For information about how we collect and use training information to develop our language models that power ChatGPT and other Services, and your choices with respect to that information, please see this help center article.
1. Personal information we collect
We collect personal information relating to you (“Personal Information”) as follows:
Personal Information You Provide: We collect Personal Information if you create an account to use our Services or communicate with us as follows:
Account Information: When you create an account with us, we will collect information associated with your account, including your name, contact information, account credentials, payment card information, and transaction history, (collectively, “Account Information”).
User Content: When you use our Services, we collect Personal Information that is included in the input, file uploads, or feedback that you provide to our Services (“Content”).
Communication Information: If you communicate with us, we collect your name, contact information, and the contents of any messages you send (“Communication Information”).
Social Media Information: We have pages on social media sites like Instagram, Facebook, Medium, Twitter, YouTube and LinkedIn. When you interact with our social media pages, we will collect Personal Information that you elect to provide to us, such as your contact details (collectively, “Social Information”). In addition, the companies that host our social media pages may provide us with aggregate information and analytics about our social media activity.
Personal Information We Receive Automatically From Your Use of the Services: When you visit, use, or interact with the Services, we receive the following information about your visit, use, or interactions (“Technical Information”):
Log Data: Information that your browser automatically sends when you use our Services. Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interact with our website.
Usage Data: We may automatically collect information about your use of the Services, such as the types of content that you view or engage with, the features you use and the actions you take, as well as your time zone, country, the dates and times of access, user agent and version, type of computer or mobile device, and your computer connection.
Device Information: Includes name of the device, operating system, device identifiers, and browser you are using. Information collected may depend on the type of device you use and its settings.
We may use Personal Information for the following purposes:
To provide, administer, maintain and/or analyze the Services;
To improve our Services and conduct research;
To communicate with you;
To develop new programs and services;
To prevent fraud, criminal activity, or misuses of our Services, and to protect the security of our IT systems, architecture, and networks;
To carry out business transfers; and
To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties.
As noted above, we may use Content you provide us to improve our Services, for example to train the models that power ChatGPT. See here for instructions on how you can opt out of our use of your Content to train our models.
3. Disclosure of personal information
In certain circumstances we may provide your Personal Information to third parties without further notice to you, unless required by the law:
Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may provide Personal Information to vendors and service providers, including providers of hosting services, cloud services, and other information technology services providers, email communication software, and web analytics services, among others. Pursuant to our instructions, these parties will access, process, or store Personal Information only in the course of performing their duties to us.
Business Transfers: If we are involved in strategic transactions, reorganization, bankruptcy, receivership, or transition of service to another provider (collectively, a “Transaction”), your Personal Information and other information may be disclosed in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.
Legal Requirements: We may share your Personal Information, including information about your interaction with our Services, with government authorities, industry peers, or other third parties (i) if required to do so by law or in the good faith belief that such action is necessary to comply with a legal obligation, (ii) to protect and defend our rights or property, (iii) if we determine, in our sole discretion, that there is a violation of our terms, policies, or the law; (iv) to detect or prevent fraud or other illegal activity; (v) to protect the safety, security, and integrity of our products, employees, or users, or the public, or (vi) to protect against legal liability.
Depending on location, individuals in the EEA, the UK, and across the globe may have certain statutory rights in relation to their Personal Information. For example, you may have the right to:
Access your Personal Information and information relating to how it is processed.
Delete your Personal Information from our records.
Rectify or update your Personal Information.
Transfer your Personal Information to a third party (right to data portability).
Restrict how we process your Personal Information.
Withdraw your consent—where we rely on consent as the legal basis for processing at any time.
Object to how we process your Personal Information.
Lodge a complaint with your local data protection authority.
You can exercise some of these rights through your Focus On Foundations account. If you are unable to exercise your rights through your account, please send your request to dsar@Focus On Foundations.com.
A note about accuracy: Services like ChatGPT generate responses by reading a user’s request and, in response, predicting the words most likely to appear next. In some cases, the words most likely to appear next may not be the most factually accurate. For this reason, you should not rely on the factual accuracy of output from our models. If you notice that ChatGPT output contains factually inaccurate information about you and you would like us to correct the inaccuracy, you may submit a correction request to dsar@Focus On Foundations.com. Given the technical complexity of how our models work, we may not be able to correct the inaccuracy in every instance. In that case, you may request that we remove your Personal Information from ChatGPT’s output by filling out this form.
For information on how to exercise your rights with respect to data we have collected from the internet to train our models, please see this help center article.
5. Additional U.S. State Disclosures
The following table provides additional information about the categories of Personal Information we collect and how we disclose that information. You can read more about the Personal Information we collect in “Personal information we collect” above, how we use Personal Information in “How we use personal information” above, and how we retain Personal Information in “Security and Retention” below.
Category of Personal Information Disclosure of Personal Information
Identifiers, such as your name, contact details, IP address, and other device identifiers We disclose this information to our affiliates, vendors and service providers, law enforcement, and parties involved in Transactions.
Commercial Information, such as your transaction history We disclose this information to our affiliates, vendors and service providers, law enforcement, and parties involved in Transactions.
Network Activity Information, such as Content and how you interact with our Services We disclose this information to our affiliates, vendors and service providers, law enforcement, and parties involved in Transactions.
Geolocation Data We disclose this information to our affiliates, vendors and service providers, law enforcement, and parties involved in Transactions.
Your account login credentials and payment card information (Sensitive Personal Information) We disclose this information to our affiliates, vendors and service providers, law enforcement, and parties involved in Transactions.
To the extent provided for by local law and subject to applicable exceptions, individuals may have the following privacy rights in relation to their Personal Information:
The right to know information about our processing of your Personal Information, including the specific pieces of Personal Information that we have collected from you;
The right to request deletion of your Personal Information;
The right to correct your Personal Information; and
The right to be free from discrimination relating to the exercise of any of your privacy rights.
We don’t “sell” Personal Information or “share” Personal Information for cross-contextual behavioral advertising (as those terms are defined under applicable local law). We also don’t process sensitive Personal Information for the purposes of inferring characteristics about a consumer.
Exercising Your Rights. To the extent applicable under local law, you can exercise privacy rights described in this section by submitting a request to dsar@Focus On Foundations.com.
Verification. In order to protect your Personal Information from unauthorized access, change, or deletion, we may require you to verify your credentials before you can submit a request to know, correct, or delete Personal Information. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Information and proof of residency for verification. If we cannot verify your identity, we will not be able to honor your request.
Appeals. Depending on where you live, you may have the right to appeal a decision we make relating to requests to exercise your rights under applicable local law. To appeal a decision, please send your request to dsar@Focus On Foundations.com.
Our Service is not directed to children under the age of 13. Focus On Foundations does not knowingly collect Personal Information from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Information to Focus On Foundations through the Service, please email us at legal@Focus On Foundations.com. We will investigate any notification and if appropriate, delete the Personal Information from our systems. If you are 13 or older, but under 18, you must have consent from your parent or guardian to use our Services.
7. Links to other websites
8. Security and Retention
We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or email. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third-party websites.
We’ll retain your Personal Information for only as long as we need in order to provide our Service to you, or for other legitimate business purposes such as resolving disputes, safety and security reasons, or complying with our legal obligations. How long we retain Personal Information will depend on a number of factors, such as the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure, our purpose for processing the information, and any legal requirements.
9. International users
By using our Service, you understand and acknowledge that your Personal Information will be processed and stored in our facilities and servers in the United States and may be disclosed to our service providers and affiliates in other jurisdictions.
For EEA, UK or Swiss users:
Legal Basis for Processing. Our legal bases for processing your Personal Information include:
Performance of a contract with you when we provide and maintain our Services. When we process Account Information, Content, and Technical Information solely to provide our Services to you, this information is necessary to be able to provide our Services. If you do not provide this information, we may not be able to provide our Services to you.
Our legitimate interests in protecting our Services from abuse, fraud, or security risks, or in developing, improving, or promoting our Services, including when we train our models. This may include the processing of Account Information, Content, Social Information, and Technical Information. See here for instructions on how you can opt out of our use of your information to train our models.
Your consent when we ask for your consent to process your Personal Information for a specific purpose that we communicate to you. You have the right to withdraw your consent at any time.
Compliance with our legal obligations when we use your Personal Information to comply with applicable law or when we protect our or our affiliates’, users’, or third parties’ rights, safety, and property.
EEA and UK Representative. We’ve appointed the following representatives in the EEA and UK for data protection matters. You can contact our representatives at privacy@Focus On Foundations.com. Alternatively:
Data Controller. For the purposes of the UK and EU General Data Protection Regulation 2018, our data controller is Focus On Foundations OpCo, LLC at 3180 18th Street, San Francisco, CA, United States.
Data Protection Officer. You can contact our data protection officer at privacy@Focus On Foundations.com in matters related to Personal Information processing.
11. How to contact us