Jake AI Assistant Terms of Service

Last Modified: November 27, 2024

Acceptance of the Terms of Service¶

These Terms of Service are entered into by and between You and James Kring, Inc. ("JKI", "Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Service"), govern your access to and use of the LabVIEW AI Chatbot Service (the "Service"), including any content, functionality, and services offered on or through www.jki.ai (the "Website"), whether as a guest or a registered user.

Please read the Terms of Service carefully before you start to use the Website or the Service. By using the Website, the Service, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website or the Service.

Definitions¶

"AI-Generated Content" means any content, suggestions, code, or other materials generated by the Service in response to User Content.

"Service" means the LabVIEW AI Chatbot, including all content, features, and functionality provided through JKI's websites or other delivery mechanisms.

"Tagged Feedback" means User Content that you explicitly mark or tag for feedback purposes.

"User Content" means all communications, feedback, queries, code snippets, or other materials submitted by you through the Service.

"Website" means any content, features, and functionality at www.jki.ai that provides assistance, documentation, or facilitates access to the Service.

"Chat Thread" means any conversation session between a user and the Service, including both user inputs and AI-Generated Content, which may be accessed through the Website but constitutes part of the Service output.

Changes to the Terms of Service¶

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service and the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Service and the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access the Service or the Website so you are aware of any changes, as they are binding on you.

Accessing the Website, Service, and Account Security¶

We reserve the right to withdraw or amend this Website or update the Service, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service or the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, the Website, or the entire Website, to users, including registered users.

To access the Service or the Website, you must create an account through JKI's authentication systems. You must be at least 18 years old to use the Service and the Website. You agree to provide accurate, current, and complete information during registration and to maintain the security of your account credentials. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website, the Service, or portions of either using your user name, password, or other security information. You are responsible for all activity occurring under your Account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You agree to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

The Service is offered in multiple tiers, including a Free Tier with basic features and a Pro Tier with enhanced features, as described on the Website. Usage limits and features vary by tier. Current pricing for all tiers is published on the Website. JKI charges subscription fees in advance for the selected billing period, and no refunds are provided for partial periods. JKI may modify pricing at any time with notice.

To access the Website, the Service, and its resources, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service and the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Service and the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

You are responsible for both:

Making all arrangements necessary for you to have access to the Service or the Website.
Ensuring that all persons who access the Service or the Website through your internet connection are aware of these Terms of Service and comply with them.

Artificial Intelligence Limitations and Disclaimers¶

The Service uses artificial intelligence technology that is still evolving and may not always be accurate or reliable. You acknowledge and agree that the Service may provide responses that contain inaccuracies, errors, or inconsistencies. Any AI-Generated Content should not be relied upon without independent verification.

The Service is not intended to provide professional advice of any kind. You agree not to use the Service for critical decisions without appropriate professional review. JKI is not responsible for any decisions made based on AI-Generated Content, and you assume all risks associated with your use of and reliance on the Service.

Intellectual Property Rights¶

The Service, and its entire contents, features, and functionality (including but not limited to all information, artificial intelligence (AI) generated content, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the JKI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Service and the Website for personal or commercial use; however, use may be limited by your subscription. The AI-Generated Content, the Chat Threads, and your Tagged Feedback are the property of JKI; however, by using the Service, you receive a perpetual, worldwide, non-exclusive, royalty-free license to use, modify, and incorporate any AI-Generated Content into your projects. JKI's use of Chat Thread content is limited to storing and displaying content for your access, processing explicitly Tagged Feedback for Service improvement, making Public Threads available when you choose to share them, and maintaining necessary system operations and backups.

When you make a Chat Thread public, other users receive the same license to use the AI-Generated Content within that Chat Thread, but cannot modify or delete the Chat Thread itself. You retain the right to modify existing Chat Threads by adding new content, change Chat Thread privacy settings, or delete Chat Threads at any time.

You must not:

Modify copies of any materials from the Website.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
Access or use the Service or the Website for any purposes other than as authorized by your subscription.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@jki.net.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service or the Website in breach of the Terms of Service, your right to use the Service and the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service, the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service or the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Trademarks¶

The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Prohibited Uses¶

You may use the Service and the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service or the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To generate bulk content or automate access.
To generate harmful, discriminatory, or malicious content.
To use the Service for high risk applications, including, but not limited to, medical or healthcare decisions, legal advice, financial or investment advice, and safety-critical systems.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Service or the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service or the Website, including their ability to engage in real time activities through the Service or the Website.
Use any robot, spider, or other automatic device, process, or means to access the Service or the Website for any purpose, including monitoring or copying any of the material on the Service or the Website.
Use any manual process to monitor or copy any of the material on the Service or the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Service or the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service or the Website, the server on which the Service or the Website is stored, or any server, computer, or database connected to the Service or the Website.
Attack the Service or the Website via a denial-of-service attack or a distributed denial-of-service attack.
Attempt to reverse engineer or decompile the Service or the Website
Attempt to circumvent any safety measure of the Service or the Website.
Otherwise attempt to interfere with the proper working of the Service or the Website.

Monitoring and Enforcement; Termination¶

We have the right to:

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service or the Website or suspected fraudulent or abusive activity on the Service or the Website.
Terminate, modify, or suspend your access to all or part of the Service or the Website for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service or the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Service or the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards¶

These content standards apply to any and all user contributions or interactions on the Website or the Service. All user content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User interactions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement¶

If you believe that any content on the Service or the Website violates your copyright, please send us a notice of copyright infringement at info@jki.net or by mail to 1270 Springbrook Rd, Suite 101, Walnut Creek, CA 94597. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted¶

The information presented on or through the Service or the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service or the Website, or by anyone who may be informed of any of its contents.

The Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Service and the Website¶

We may update the Service and the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service or Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Service and the Website¶

All information we collect through the Service and on this Website is subject to our Privacy Policy. By using the Service and the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

Cause the Website, or portions of it, to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Otherwise take any action with respect to the materials on this Website or the Service that is inconsistent with any other provision of these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

Links from the Website¶

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions¶

The owner of the Service and the Website is based in the State of California in the United States. We provide this Service for use only by persons located in countries where it is not prohibited by law. We make no claims that the Website, the Service, or any content of the Website and the Service is accessible or appropriate outside of the United States. Access to the Website or the Service may not be legal by certain persons or in certain countries. If you access the Website or the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

User Warranty¶

By submitting any content to the Service, you represent and warrant that you have all necessary rights, licenses, and permissions to submit such content, that the content does not infringe any intellectual property rights or other rights of any third party, and that your submission and JKI's use of such content for providing the Service will not violate any applicable laws or regulations.

Disclaimer of Warranties¶

You understand that we cannot and do not guarantee or warrant that files and generated content available for downloading from The Internet, the Website, or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, THE SERVICE OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, THE SERVICE, THE CONTENTS OF EITHER FO THE FOREGOING , AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE SERVICE, THEIR CONTENTS, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY OR RELIABILITY OF AI-GENERATED CONTENT, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR ANY PARTICULAR PURPOSE, AND SECURITY OR DATA PRESERVATION. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE AND THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE SERVICE, THEIR CONTENTS, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, THE SERVICE, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability¶

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, THE WEBSITE, ANY WEBSITES OR APPLICATIONS LINKED TO THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, DATA, OR USE, OR DAMAGES ARISING FROM DECISIONS MADE BASED ON AI-GENERATED CONTENT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT SHALL JKI'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU TO JKI IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Indemnification¶

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your contributions to and interactions with the Website, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.

Governing Law and Jurisdiction¶

All matters relating to the Service, the Website, and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service, the Service, or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco. Although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration¶

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Service or use of the Service or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Limitation on Time to File Claims¶

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability¶

No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement¶

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and James Kring, Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns¶

The Website is operated by James Kring, Inc. 1270 Springbrook Rd, Suite 101, Walnut Creek, CA 94597.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@jki.net.