AI Agents - Terms of Service (TOS)

Experience Innovation AI Agents - Terms of Service (TOS)

Last Updated: 2025.02.24

Version: 1.0 

Record of changes:

 

1. ACCEPTANCE OF TERMS

By accessing, using, or interacting with any AI agents, applications, or services (collectively, the “Services”) developed and/or provided by Experience Innovation Consulting Inc. (“we,” “us,” or “our”), you (“you” or “User”) acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“TOS”). This TOS applies to:

1. Clients (organizations or individuals) who have signed a separate Master Services Agreement (MSA) with us, and

2. End-Users (including employees of the Client or members of the public) who interact with any AI agents or solutions we develop or publish (free or paid).

If you do not agree with any part of this TOS, you must not use our Services.

 

2. INCORPORATION OF OTHER POLICIES

1. Responsible AI Usage Policy

We strive to develop AI solutions ethically and responsibly. Please review our Responsible AI Usage Policy, which is incorporated by reference into this TOS.

1. Data Handling & Protection Policy

We maintain strict confidentiality and robust security measures. Our Data Handling & Protection Policy provides details on how we handle data.

1. Conflict with MSA

If you are a Client operating under a separate MSA, and any provision in this TOS conflicts with the MSA, the MSA shall govern only as to the specific conflict. Otherwise, this TOS remains in full force and effect.

 

3. THIRD-PARTY AI PROVIDERS

Our Services may incorporate or rely on third-party AI platforms, such as:

1. OpenAI: https://openai.com/policies/terms-of-use

2. Anthropic: https://console.anthropic.com/terms

3. Google Gemini (subject to Google’s Generative AI Terms): https://cloud.google.com/terms

4. LangChain: https://github.com/hwchase17/langchain/blob/master/LICENSE

By using our AI Services, you agree to comply with each respective AI provider’s Terms of Service (“Third-Party TOS”), as applicable. We make no guarantee of these third-party services' uptime, availability, or performance and disclaim any liability arising from their outages, system interruptions, or policy changes.

 

4. ACCEPTABLE USE

1. Compliance with Laws

You agree to use the Services only in compliance with applicable laws, regulations, and this TOS.

1. Prohibited Content

You must not use the Services to upload or transmit any content that is illegal, harmful, fraudulent, discriminatory, or in violation of any intellectual property or privacy rights.

1. No Sensitive PII

You must not upload or otherwise share personally identifiable information (“PII”) or other sensitive personal data (e.g., health records, personal financial data) unless explicitly agreed upon in writing and covered by an appropriate Data Processing Agreement or MSA.

1. Responsible AI Usage

We recommend maintaining “human in the loop” oversight for any AI outputs. Users are responsible for verifying the accuracy and suitability of AI-generated content before relying on it for critical decisions.

 

5. RISKS & DISCLAIMERS

1. AI Limitations

Our AI Services are developed with high standards of safety and ethical usage; however, AI outputs can be inaccurate, misleading, biased, or incomplete (“hallucinations”). You acknowledge and accept the risk of such outputs.

1. No Warranty

Except as expressly stated in separate agreements (such as an MSA), our Services are provided “as is” and “as available.” We explicitly disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement.

1. No Guarantee of Results

We do not guarantee specific outcomes, performance levels, or error-free functionality of AI-based solutions, including but not limited to content moderation, classification, or decision-making tasks.

 

6. SUSPENSION & TERMINATION

1. Termination by You

You may cease using our Services at any time. If you are a Client and wish to terminate a project, refer to your MSA for specific termination rights and obligations.

1. Suspension or Termination by Us

We reserve the right to suspend or terminate your access to the Services if:

• You violate this TOS, the Third-Party TOS, or any applicable laws.

• You engage in activity that may harm our systems, third-party systems, or other users.
   

1. Effect of Termination

Upon termination, any license or access granted to you will immediately end. If you are a Client, you must also abide by the termination provisions in your MSA regarding fees, data return or deletion, and post-termination rights.

 

7. LIMITATION OF LIABILITY

1. Indirect Damages

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, consequential, or special damages (including lost profits or lost data) arising out of or in connection with the use of our Services.

1. Aggregate Liability

In any event, our total liability for any claim related to the Services will be limited to the amount paid by you (if any) for the specific Services during the six (6) months before the event giving rise to the claim.

1. AI Decision-Making

You remain fully responsible for decisions based on AI outputs. We disclaim liability for automated actions taken by any AI agent without human review.

 

8. GOVERNING LAW & JURISDICTION

1. Alberta Law

This TOS is governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of laws principles.

1. Dispute Resolution

Any disputes arising from this TOS will be resolved through the courts or arbitration in Alberta, consistent with the dispute resolution procedures outlined in the relevant MSA (if applicable).

 

9. CHANGES TO THIS TOS

We may update or modify this TOS from time to time. When we make substantial changes, we will provide notice (e.g., by posting an updated date at the top of this TOS and/or notifying you in our application or via email if you have provided contact information). Continued use of our Services after changes become effective constitutes acceptance of the revised TOS.

 

10. CONTACT US

If you have any questions or concerns about this TOS, our Responsible AI Usage Policy, or our Data Handling & Protection Policy, you may contact us at:

Experience Innovation Consulting Inc.

[Address or Web Form for inquiries]

[Email Address for TOS/Legal Issues]

 

11. ACKNOWLEDGMENT

By using our Services, you confirm that you have read this TOS, understand it, and agree to be bound by its terms.