Terms of Service
These Terms of Service (“Terms”) constitute a legally binding agreement between you and EnsembleCoding (“Service,” “we,” “us,” or “our”). By accessing the Service, uploading data, or clicking "Accept," you agree to be bound by these Terms in their entirety.
1. Eligibility & User Warranty
By using this Service, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the full legal authority to bind yourself or your employer to these Terms; and (c) your use of the Service does not violate any law or regulation.
2. Data Ownership & Prohibited Content
You retain ownership of your data, but you grant us a license to process, transmit, and store your content solely to provide the Service. You strictly represent and warrant that you own all rights to the content you upload and that it contains no:
- Personally Identifiable Information (PII) or Protected Health Information (PHI);
- Trade secrets or proprietary data you are legally barred from sharing;
- Content that violates third-party intellectual property or privacy rights.
3. Third-Party LLM Disclaimer
EnsembleCoding is a tool that interfaces with third-party Large Language Model ("LLM") providers (including OpenAI, Anthropic, Google, and xAI). We are not responsible for the availability, security, or accuracy of these third-party models. You acknowledge that your data will be subject to the respective privacy and usage policies of these providers.
4. "AS-IS" WARRANTY DISCLAIMER
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT OUTPUTS WILL BE ACCURATE OR RELIABLE.
5. NO RELIANCE & OUTPUT RISKS
You acknowledge that LLMs are known to "hallucinate" (generate false information). You agree that you will not rely on Service outputs for medical, legal, financial, or other professional advice. You assume all risk for how you use or interpret the data provided by the Service.
6. DATA LOSS & BACKUP
We are not a data storage service. You are solely responsible for maintaining backups of your CSVs and query results. We shall have no liability for any deletion, corruption, or failure to store any content or other communications maintained or transmitted by the Service.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL ENSEMBLECODING, ITS OWNER (ZAK WITKOWER), OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR USD $10, WHICHEVER IS GREATER.
8. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless EnsembleCoding and its owner from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of: (a) your use and access of the Service; (b) a breach of these Terms; or (c) any content uploaded by you that violates the rights of a third party.
9. PAYMENTS & REFUNDS
All fees are billed upfront and are non-refundable. You are responsible for all sales, use, and value-added taxes (VAT) associated with your purchase. We reserve the right to change our pricing at any time.
10. TERMINATION
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will cease immediately.
11. GOVERNING LAW & DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Service owner resides, without regard to its conflict of law provisions. Any dispute arising from these terms shall be settled through binding arbitration or in the small claims courts of said jurisdiction.
12. SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.