Terms of Service

SectorFlow Inc. ("SectorFlow" "we," "our") offers a paid service to provide a hosted API endpoint for fine tuning and querying large language models, including via a website (collectively, the "Service"), and other apps, including but not limited to www.sectorflow.ai ("The Websites").

SectorFlow Inc. has two types of users depending on the SectorFlow Inc. products used:

We call users of the Websites "Site Visitors."
We call users who use the Service as part of a paid SectorFlow Inc. plan (regardless of the tier) "Subscribers." The Service features and functionalities available to Subscribers are determined by the tier and the specific terms agreed to between SectorFlow Inc. and the organization (e.g., your employer or another entity or person, called the "Customer") that entered into a separate agreement that governs delivery, access, and use of the Service (the "Customer Agreement").

We refer to these two types of users collectively as "Users" or "you" for purposes of these User Terms of Service (the "Terms"). Regardless of what type of User you are, these Terms create a legal agreement directly between you and SectorFlow Inc. and explain the rules governing use of the Service and Websites. By accessing or using the Service and Websites, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not access or use the Service and Websites.

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE SERVICE AND WEBSITES PROVIDED BY SectorFlow Inc. ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE "MANDATORY ARBITRATION AND CLASS ACTION WAIVER" SECTION BELOW.

We may, from time to time, modify these Terms. Please check this page periodically for updates. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Service and Websites. The updated Terms will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Mandatory Arbitration and Class Action Waiver section of these Terms. Your continued use of the Service and Websites after any such update constitutes your acceptance of such changes.

1. Eligibility and Location

1.1 General. To use the Service and Websites you must be, and represent and warrant that you are, at least 13 years of age and competent to agree to these Terms. If SectorFlow Inc. has previously prohibited you from accessing or using the Service and Websites, you are not permitted to access or use the Service and Websites.

1.2 Location. These Terms are applicable to Users located in the United States, and internationally, where applicable.

2. Account Registration

2.1 Account Registration and Confidentiality. To access the Service and Websites, you must register for a SectorFlow Inc. account by creating a user name and password. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you. If you are a billing owner, an administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a Customer ("Account Administrator"), you represent and warrant that you are authorized to make decisions on behalf of the Customer and agree that SectorFlow Inc. is entitled to rely on your instructions.

2.2 Unauthorized Account Use. You are responsible for notifying us at info@sectorflow.ai if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. SectorFlow Inc. will not be liable for any loss, damages, liability, expenses or attorneys' fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys' fees incurred by SectorFlow Inc. or a third party due to someone else using your account. In the event that the Account Administrator or Customer loses access to an account or otherwise requests information about an account, SectorFlow Inc. reserves the right to request from the Account Administrator or Customer any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.

3. Intellectual Property

The Service and Websites are owned and operated by SectorFlow Inc. and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by SectorFlow Inc. and its partners, as well as other sources, and are protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws.

4. User Content

4.1 User Content and Submissions on the Service. The Service takes data that you and your company have given permission for the Service to access (collectively, "User Content") and generally transfers this data to a temporary location on SectorFlow Inc. servers to perform fine tuning and inference on models. User Content is not stored on our service, aside from the trained model weights.

4.2 Feedback on the Websites. The Websites may have certain features that allow you to submit comments, information, and other materials (collectively, "Feedback") to SectorFlow Inc. and share such Feedback with other users, or the public. By submitting Feedback through the Websites, you grant SectorFlow Inc. a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose.

5. Acceptable Use

All Users must comply with the following rules regarding acceptable use of the Service and Websites. You may not:

Access, tamper with, or use non-public areas of the Service and Websites
Probe, scan, or test the vulnerability of any system or network
Access or search the Service and Websites by any means other than SectorFlow Inc.'s publicly supported interfaces
Attempt to disrupt or overwhelm our infrastructure
Interfere with or disrupt the access of any user, host or network
Carry out, promote or support any unlawful or fraudulent activities
Impersonate another person or entity
Publish defamatory, libelous or threatening content
Publish other people's private information without authorization
Send unsolicited communications, promotions or spam

6. Privacy

For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy which is incorporated by reference into these Terms.

7. Disclaimer of Warranties

THE SERVICE AND WEBSITES AND USER CONTENT, WHETHER PROVIDED BY SectorFlow Inc., ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICE AND WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

8. Limitation of Liability

IN NO EVENT SHALL SectorFlow Inc. OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND WEBSITES.

9. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD SectorFlow Inc. AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, CONTRACTORS, OR REPRESENTATIVES HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICE AND WEBSITES.

10. Modifications to Service

SectorFlow Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, the Service and Websites (or any part thereof), with or without notice. You agree that SectorFlow Inc. shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service and Websites.

11. Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and SectorFlow Inc. agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This section governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us.

Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at info@sectorflow.ai and provide a brief, written description of the dispute and your contact information.

If the parties do not reach an agreed-upon solution within thirty (30) days, then either party may initiate binding arbitration as the sole means to resolve claims. All claims arising out of or relating to these Terms shall be finally settled by binding arbitration administered by JAMS.

Class Action Waiver: YOU AND SectorFlow Inc. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

You have the right to opt out of arbitration by sending written notice to info@sectorflow.ai with the subject line "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT" within 30 days of your first use of the Service.

12. Governing Law

These Terms shall be construed in accordance with and governed by the laws of California notwithstanding its conflicts of law principles. Any dispute arising out of these terms and conditions or the use of this site shall be initiated and conducted in the state or federal courts of San Francisco County, California.

13. General Provisions

These Terms constitute the entire agreement between you and SectorFlow Inc. and govern your use of the Service and Websites. If you have any questions about these Terms, please contact us at info@sectorflow.ai.

Last Updated: May 2024