Terms and Conditions of Service for the Symbai app

1.0 Introduction

1.1 IMPORTANT: Carefully read these Terms of Service (this Agreement”) before using the Service (as defined below). This Agreement creates a binding legal agreement between you (“Customer” or “you”) and SYMBAI Limited (“Symbai” “we” or “us”)
“Symbai” is also used, where the context requires it in this agreement to describe our software product.
1.2 BY USING THE SERVICE, YOU IRREVOCABLY ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. You also agree to ensure that anyone who uses the Service using your password or login information abides by this Agreement.
1.3 IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE, THE TERM “CUSTOMER” WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.
1.4 By accepting this Agreement, you agree to be bound by its terms and conditions. The current versions of this Agreement, the Privacy Policy, and the Data Retention Policy are available for review within your Account Settings page after registration.
1.5 We may amend any part of this Agreement by adding, deleting, or varying its terms from time to time in our discretion.
1.6 We will provide you with notice of the proposed amendment by posting an amended version of this Agreement with a new “Last Updated” date. We will include a link to the previous version of the terms beneath the new “Last Updated” date.
1.7 The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of this Agreement will continue to apply.
1.8 If you disagree with any amendments, you may terminate this Agreement by ceasing to use the Site and Services at any time within the 30-day period before the amendments take effect. If the amendment increases your obligations under this Agreement, or decreases our obligations under this Agreement, then you can also terminate in the 30 days after the amendments take effect. In either case, there is no cost or penalty for terminating. If you do not cease using the Site and Services during that time, then by your continued use, you are considered to have accepted the proposed amendments.

2.0 Introducing Symbai

2.1 Symbai utilizes a multi-agent AI system with specialized agents for different aspects of debate.
2.2 Symbai is designed as an educational tool to develop critical thinking and argumentation skills.
2.3 Symbai does not guarantee any specific educational outcomes or improvements.
2.4 Users are responsible for verifying the appropriateness of content for their educational context.
2.5 When citing Symbai-generated content in academic work, users must:

• Properly attribute the content to Symbai
• Must not use Symbai to cause harm or for dishonest purposes and cheating
• Verify all factual claims independently
• Follow their institution’s guidelines regarding AI-generated content

2.A AI Model Limitations
Symbai utilizes a combination of advanced AI models to power its features, including models from the ChatGPT 4.1 series (e.g., 4.1, 4.1 mini) and ChatGPT 4.0 mini. Please be aware that:

• * Knowledge Cut-off Dates: These AI models have different knowledge cut-off dates.
  • * Models in the ChatGPT 4.1 series have a knowledge cut-off of June 2024.
  • * The ChatGPT 4.0 mini model has a knowledge cut-off of October 2023.
  • The AI does not have access to information or events that occurred after these respective dates for each model.
• * No Real-time Web Access:
  • None of these AI models access the internet in real-time to retrieve current information. Their responses are generated based on their existing knowledge bases.

We encourage users to independently verify any critical information, especially if it pertains to recent events or rapidly evolving topics, keeping in mind the different knowledge limitations of the models.

3.0 Age Requirements:

3.1 The Services are designed for educational use by students of all ages under the supervision of a teacher or educator. There is no minimum age requirement for students when they are using Symbai as part of a teacher-managed classroom environment with direct supervision.
3.2 For independent use (such as homework assignments without direct teacher supervision), students must be at least 13 years of age. Teachers assigning Symbai for homework should ensure that only students aged 13 and above are given access for unsupervised use.
3.3 Teachers and educators must ensure they have obtained appropriate authorization for their students to use educational technology platforms. This authorization should be in accordance with their school’s policies and local laws, which may include:

• School digital learning agreements
• Technology use policies
• Direct parental consent (particularly for younger students or where required by local law)
• For students under 13 years of age (or the applicable age of digital consent in your jurisdiction), verifiable parental consent in compliance with applicable laws such as COPPA in the United States

3.4 In order to enter into this Agreement as a teacher or educator, you must have reached the age of eighteen and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representation and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
3.5 It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you. If you accept this Agreement, you represent that you have the capacity to be bound by it.

4.0 Registration Requirements:

4.1 You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
4.2 We recommend that you print and retain a copy of these Terms and Conditions for your records.

5.0 Services Provided

5.1 Our responsibility is limited to:

• Maintaining functional content management tools
• Providing accurate semantic analysis
• Delivering timely notifications
• Recording and reporting platform misuse incidents
• Maintaining system uptime and functionality
• Implementing security measures
• Providing Updates and Improvements from time to time

5.2 Symbai will operate properly only on laptop or desktop devices. Symbai will not operate on mobile devices or smaller tablet devices. For Symbai to work a device with a screen size of at least 8 inches diagonally is required (the debating canvas where the ‘debate trees’ are shown becomes invisible below this size as the debating toolkit and chatbot dominate the screen at smaller sizes.)

Browser Compatibility:
For optimal functionality, Symbai requires the use of the following desktop browsers:

• Chrome: Version 88 or newer
• Firefox: Version 85 or newer
• Edge: Version 88 or newer (Chromium-based)
• Opera: Version 74 or newer

Please note that Safari browser is not fully supported. Users attempting to access Symbai through Safari may experience functionality issues, including but not limited to:

• Inability to click and edit argument nodes
• Incorrect positioning of visual elements
• Other interface inconsistencies

We strongly recommend using one of the supported browsers listed above for the best experience.

The following connectivity speeds are required:

• Minimum: 10-15 Mbps download, 5 Mbps upload
• Recommended: 25-50 Mbps download, 10+ Mbps upload for optimal performance.

6.0 Safety Tools

6.1 In addition to the services provided we will:

• Investigate reported safety tool malfunctions
• Make reasonable efforts to fix identified issues
• Maintain system logs for investigation purposes
• Implement fixes in a timely manner when found
• Notifying affected account holders of identified issues

6.2 When safety tool malfunctions are reported, we will:

1. Acknowledge receipt within 2 business days
2. Investigate the reported malfunction
3. Document findings
4. Implement fixes if malfunction confirmed
5. Notify affected account holders of outcome

6.3 “Reasonable efforts” to fix issues means:

• Timely investigation of reports
• Root cause analysis where possible
• Development of necessary fixes
• Testing of proposed solutions
• Implementation of verified fixes
• Do not guarantee resolution of all issues

7.0 Using Our Services

• You acknowledge that your data may be hosted on servers located outside of your country of residence, including offshore servers.
  7.1 What you can do:
  7.1.1 Subject to your compliance with these Terms, you may access and use our Services. We grant you a limited, non-exclusive, non-transferable license to access and use Symbai for personal, educational or internal organizational purposes.
  7.1.2 In using our Services, you must comply with all applicable laws as well as any Usage Policies, and any other documentation, guidelines, or policies we make available to you.
  7.2 What you cannot do:
  7.2.1 You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:
• Use our Services in a way that infringes, misappropriates or violates anyone’s rights or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
• Modify, copy, lease, sell or distribute any of our Services.
• Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
• Automatically or programmatically extract data or Output.
• Represent that Output was human-generated when it was not.
• Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.
• Use Output to develop models that compete with Symbai.
• Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
• Use the Service for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
• Use the service to impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
• Use the service for commercial purposes unless specifically agreed upon.

8.0 Your Acknowledgement

You explicitly acknowledge:

• That you will carry out a full review of safety features provided
• That you accept responsibility for understanding monitoring responsibilities
• That you accept liability for platform use
• That you take responsibility for all user activities
• That you have a duty to properly utilise safety tools
• That you have an obligation to respond to notifications
• That you accept liability for filter configuration decisions

9.0 Data Privacy and Security

Symbai is committed to protecting your data. We utilize secure cloud servers and implement technical measures like encryption to safeguard your information. We conduct regular security reviews and updates. Access to personal data by our personnel is limited and subject to confidentiality obligations.

We will notify affected users of any data breaches in accordance with our legal obligations under the Privacy Act 2020.

Your data is used primarily to provide the Symbai service, including generating and displaying argument maps.
With your consent (which can be managed during registration and in your account settings), we may use anonymized data derived from your content to train and improve our AI models.

We do not harvest data for advertising purposes, nor do we sell personal data to third-party advertisers.

All handling of personal data is governed by our Privacy Policy.

Users can request the deletion of their personal data at any time by emailing privacy@symbai.ai.

Specific details regarding how long different types of data are stored before deletion are outlined in our Data Retention Policy.
9.1 Subject to the above, any data provided to us should be considered potentially accessible in the public domain.
9.2 You are advised that you should not input sensitive, confidential, or proprietary information into the Service.
9.3 We may store and process your inputs to improve our Service, in accordance with our Privacy Policy.

10. Intellectual Property

10.1 You retain ownership of your input Content.
10.2 We retain all rights, title, and interest in Symbai and its improvements.
10.3 The ownership and usage rights of AI-generated output may be limited or ambiguous. Take legal advice for specific use cases

11. Content

11.1 Prohibited Content
To maintain a safe and appropriate learning environment, the following content is not permitted:

• Explicit sexual content or pornography
• Direct incitement to violence
• Malicious hate speech targeting protected groups
• Intentional spreading of known misinformation
• Content that violates others’ intellectual property rights
• Material that would be inappropriate in a classroom setting

11.2 Similarity of Content
Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output.
11.3 Our Use of Content
We may use content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.
11.3.1 AI Model Training and Improvement
With your consent (which you can provide during registration or manage in your account settings), we may use your content in the following ways to improve Symbai for all users:

• a) Creating anonymized training datasets from debate structures, argument patterns, and educational interactions to enhance our AI models’ understanding of effective argumentation and educational dialogue.
• b) Analyzing conversation patterns between users and our AI assistant to improve response quality, educational effectiveness, and user experience.
• c) Using aggregated usage data to identify common educational needs and develop new features that better serve the learning objectives of our platform.
• d) Training our content filtering and safety systems to better identify and prevent inappropriate content while preserving academic freedom.
• e) Developing better personalization algorithms to tailor the educational experience to different learning styles and educational contexts.

All data used for these purposes is processed to remove personal identifiers and is handled in accordance with our Privacy Policy and Data Retention Policy. The anonymization process ensures that individuals cannot reasonably be re-identified from the processed data.
11.4 Opt Out
If you do not want us to use your Content to train our models, you can opt out using the relevant checkbox during registration or by adjusting the setting in your account settings page at any time. Please note that opting out may limit the ability of our Services to learn from your usage patterns and potentially tailor future improvements.
When you opt out:

• Your new content will not be included in future training datasets
• Previously collected data that has already been anonymized and incorporated into training datasets may continue to be used, as it can no longer be linked back to you
• Your use of Symbai will continue normally, but the platform may not benefit from learning from your specific usage patterns

11.5 Accuracy
11.5.1 Artificial intelligence and machine learning are rapidly evolving fields of study.
11.5.2 We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial.
11.5.3 Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.
11.5.4 When you use our Services you understand and agree:

• That output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
• That you must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
• That you must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
• That our Services may provide incomplete, incorrect, or offensive Output that does not represent Symbai’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Symbai.

11.6 Academic Freedom
Symbai is committed to fostering intellectual growth through reasoned debate of diverse topics. We encourage but not exclusively:

• Exploration of challenging social and political issues
• Discussion of historical events and controversies
• Examination of competing philosophical perspectives
• Analysis of current events and policies
• Engagement with different cultural viewpoints

11.7 Controversial Topics
When debating controversial topics:

• Focus on policy analysis and evidence-based arguments
• Maintain respectful and professional language
• Consider multiple stakeholder perspectives
• Avoid inflammatory or discriminatory rhetoric
• Frame arguments in educational rather than partisan terms

11.8 Educational Context
All debates should maintain an educational focus and academic tone. Content should be:

• Age-appropriate for the intended audience
• Supported by reasoned arguments
• Focused on analysis rather than sensationalism
• Respectful of diverse viewpoints
• Conducive to learning and skill development

11.9 Content Management
Symbai provides advanced content management tools including:

• Customizable motion filters for account managers
• Suggested filter word lists
• Semantic analysis for potential filter evasion
• Inappropriate content detection

11.10 Account Holder Authority and Responsibility for Content
Account holders (which includes but not exclusively teachers, parents, or other authorized managers) have:

• Full authority over content filtering settings.
• Responsibility for reviewing and approving questionable motions.
• Access to comprehensive debate records including platform misuse incidents.
• Final decision-making power over permitted content.
• Complete responsibility for monitoring and managing user activity.

12.0 Paid Accounts Terms

12.1 Billing.
If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For free trials, we may collect payment method information for verification purposes to prevent fraud and ensure platform integrity, but no charges will be made during the specified trial period. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
12.2 Cancellation.
You can cancel your paid subscription at any time through your Account Settings page. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.
12.3 Changes.
We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

13. Termination and Suspension

13.1 Termination.
13.1.1 You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:

• You breached these Terms or our Usage Policies.
• We must do so to comply with the law.
• Your use of our Services could cause risk or harm to Symbai, our users, or anyone else.

13.1.2 We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.
13.2 Appeals
If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting appeals@symbai.ai. This contact address will also be provided in the notice displayed on the login screen if your account access is suspended or terminated. (Login screen notice text: “Account suspended/terminated and want to appeal? Contact appeals@symbai.ai”)
13.3 Discontinuation of Services:
We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.

14.0 Disclaimers of Warranties

14.1 OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
14.2 YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

15.0 Platform Limitations

Symbai explicitly disclaims liability for:

• The unpredictable nature of AI outputs
• Content of debates
• User behavior
• Account holder decisions
• Content filtering choices
• Consequences of platform use

16.0 Limitation of liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

17.0 Indemnification:

If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including legal fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.

18.0 Account Holder Liability

Account holders explicitly acknowledge and accept:

• Full responsibility for all platform use under their management
• Liability for any consequences of platform use
• Responsibility for reviewing motions
• Obligation to monitor debate content and platform misuse incidents
• Duty to take appropriate action regarding safety features
• Liability for any failure to properly utilize provided safety features

19.0 Dispute Resolution

19.1 Mandatory Arbitration
You and Symbai agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by accessing the relevant section in your Account Settings after registering and logging in. If you opt out of an update, the last set of agreed upon arbitration terms will apply.
19.2 Informal dispute resolution.
We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice through the appropriate form in your Account Settings after registering and logging in. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.
19.3 Arbitration forum.
19.3.1 If we are unable to resolve the Dispute, either of us may commence arbitration with Arbitrators and Mediators Institute of New Zealand (AMINZ) under its Comprehensive Dispute Resolution Rules and Procedures, as applicable (available here).
19.3.2 Symbai will not seek legal fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
19.4 Arbitration procedures.
19.4.1 The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, where you reside, or as determined by the arbitrator.
19.4.2 The arbitration will be conducted by a sole arbitrator.
19.4.3.The arbitrator will be a member of AMINZ.
19.4.4 The arbitrator will have exclusive authority to resolve any Dispute. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.
19.5 Exceptions.
19.5.1 This section does not require informal dispute resolution or arbitration of the following claims:
individual claims brought in small claims court; and
injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.

20. Governing Law

New Zealand law will govern these terms and conditions. All claims arising out of or relating to these Terms and Conditions including the interpretation thereof will be brought exclusively in the appropriate Court in New Zealand

21. Geographic Restrictions and Prohibited Jurisdictions

The Service is not available for use by individuals or entities located in, or who are citizens of, jurisdictions where Symbai has determined it cannot operate in compliance with local law. Currently, these jurisdictions include, but are not limited to, the People’s Republic of China and the Russian Federation.
You agree not to use or access the Service if you are located in one of these prohibited jurisdictions. Any attempt to circumvent these restrictions, such as through the use of a VPN or other anonymizing technology, is a violation of these Terms. We reserve the right to terminate the account of any user found to be in breach of this clause without notice.
The list of restricted jurisdictions may be updated from time to time based on legal requirements and operational considerations. It is your responsibility to ensure that your use of the Service complies with all applicable laws in your jurisdiction.