Terms of Service
Effective as of July 28, 2023
Welcome to Asterix! These Terms of Service (“Terms”) govern your use of our products. References to our products in these Terms refer to all of the Asterix products and services (“Product” or “Products”).
Who We Are
The Products are provided by Early Works LLC.
Billing: You can upgrade your account to access paid features, which would turn your account into a paid account. When you do that, we’ll automatically bill you on the date you convert to a paid account and on each periodic renewal until cancellation. You are responsible for all applicable taxes, and we’ll charge tax when required. Some jurisdictions have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.
Refunds: You may cancel your Asterix paid account at any time by following the instructions in your account. Refunds are issued only if legally required or as otherwise set forth in these Terms.
Downgrades: Your paid account will remain in effect until it’s canceled or terminated under these Terms. If you don’t pay for your paid account on time, we reserve the right to suspend it or reduce your access to the free version of our Products.
Free trials: Asterix may offer a free trial membership. If you are using a free trial membership and cancel it before the end of the trial period, your trial will continue until the end of the trial period.
Changes: We may change the fees in effect but will give you advance notice before those changes take effect. Any change in prices will apply to your next billing cycle.
Your Ownership of Your Data and the Limited Permissions You Give Us
“User Content” refers to the text and other content you enter, upload, and transmit when you use our products and to User Output.
You own your User Content. To provide our Products to you, we need your permission to use your User Content.
You grant us a license to your User Content for the limited purposes of:
Operating, providing, improving, troubleshooting, and debugging our Products (for example, your acceptance or rejection of suggestions may help train our suggestion technology);
Protecting our Products (for example, to analyze patterns in usage to prevent abuse);
Customizing our Products (for example, to create personalized suggestions for you); and
Developing new Products or features (for example, creating our multi-filter display).
We will not sell or license your User Content to third-party data brokers.
The license you grant us is:
Worldwide (so you can access your User Content from anywhere in the world);
Non-exclusive (meaning you own your User Content and can also license it to other people or companies);
Royalty-free (meaning we don’t pay you for it); and
For as long as intellectual property laws protect your User Content.
The license you give us allows us to—solely for the purposes outlined above—store, reproduce, use, publish, and publicly display (to show your User Content to you), modify, and create derivative works of (such as User Output) your User Content. The license you give us also permits our service providers to assist us in doing this.
We do not own, control, verify, or endorse User Content. You are responsible for all of your User Content. That means you should back up all your User Content and not do anything illegal or harmful with it (including violate any intellectual property or trade secret laws).
Our Intellectual Property Rights and License to You
Our Products are protected by copyright, trademark, and other laws. We reserve all right, title, and interest in our Products, trademarks, logos, and other brand features. We welcome feedback, but you agree that we can use that feedback without restriction or any obligation to you.
We have additional terms relating to the machine learning and generative AI technology included in our services and features.
Generated Content. You may use our Products to submit inputs and receive generated outputs. These generated outputs based on your inputs are referred to as “User Output.” When you use our Products, the inputs and User Output are your User Content. You are responsible for your User Content and will not use our Products in a way that infringes, violates, or misappropriates any of our rights or the rights of any third party. You acknowledge that due to the nature of machine learning and the technology powering our Products, outputs may not be unique and our Products may generate the same or similar output for third parties.
Usage Restrictions. You may not use our Products:
To develop foundation or large language models that compete with our Products;
To mislead any third party that any output from our Products was solely human generated; or
In a manner that violates these Terms.
Limitations on Use and Responsibilities
Keeping your account information up to date and safe. You are responsible for safeguarding your password to our Products. Don’t share your account credentials or give others access to your account. We will use your account email address to contact you about our Products, so you must ensure that your account information stays current.
Minimum age requirements. To use our Products, you must be at least 13 if you reside in the United States and 16 if you reside anywhere else. If the law where you reside requires that you are older for us to lawfully provide our Products to you without parental consent (including using your information), you must be that age. You may not use our Products if you don’t meet these age requirements.
You may not access or use the Products for any purpose other than that for which we make the Products available. The Products may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
Your Responsibilities. As a user of the Products, you agree not to:
• Systematically retrieve data or other content from the Products to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Products, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Products and/or the content contained therein.
• Use any information obtained from the Products in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Products in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Products.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Products or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Products.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Products or the networks or services connected to the Products.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Products to you.
• Attempt to bypass any measures of the Products designed to prevent or restrict access to the Products, or any portion of the Products.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Products.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Products, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Products.
• Make any unauthorized use of the Products, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Products as part of any effort to compete with us or otherwise use the Products and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Use the Products to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.
We reserve the right to suspend or terminate your access to our Products with notice to you if:
(a) you have breached these terms,
(b) you use the Products in a manner that would cause a real risk of harm or loss to other Product users or us, or
(c) you don’t have a paid account and haven’t accessed our Products for 12 consecutive months.
Before suspending or terminating your account, we’ll provide you with reasonable advance notice via the email address associated with your account so you can try to remedy the activity that prompted us to contact you. If you fail to take the steps we ask of you after such notice, we’ll terminate or suspend your access to our Products.
We won’t provide notice before termination where we believe that:
(a) you’re in material breach of these terms,
(b) doing so would cause us legal liability or compromise our ability to provide our Products to our other users, or
(c) the law prohibits us from providing notice.
When this agreement terminates for any reason, all the sections one would expect to survive will survive, including, but not limited to, “Warranty Disclaimers,” “Limitation of Liability,” “Resolving Disputes,” “Miscellaneous Legal Terms,” “Our Intellectual Property Rights and License,” and “Paid Accounts.” The termination of this agreement doesn’t affect any amounts owed before that termination.
Discontinuation and Modification of Products
We are continually changing and improving our Products, and we may add or remove features or functionality. If we discontinue a Product, where reasonably possible we will give you reasonable advance notice.
Reverse Engineering and Automatic Updates
Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile our Products, attempt to do so, or assist anyone in doing so. Our Products may update themselves automatically to ensure you’re using the latest version.
Any links to third-party websites or apps are provided for your convenience only and are subject to the third party’s terms. We aren’t responsible or liable for those websites, products, or services.
We sometimes release Products and features that we are still testing and evaluating. We will mark these Products with the words “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings). If you decide to use them, please remember that they may not be as reliable or as thoroughly tested as our other Products. To improve and evaluate these Products, we will log and analyze information about how you use and interact with them.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EARLY WORKS LLC, ITS AFFILIATES, AND ITS AND THEIR SUPPLIERS AND DISTRIBUTORS (COLLECTIVELY, THE “EARLY WORKS ENTITIES”), EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING OUR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, OR REGARDING SECURITY, QUIET ENJOYMENT, RELIABILITY, TIMELINESS, AND PERFORMANCE. YOU AGREE THAT YOUR USE OF OUR PRODUCTS ARE AT YOUR OWN SOLE RISK AND THAT OUR PRODUCTS ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE EARLY WORKS ENTITIES DO NOT WARRANT THAT THE OPERATION OF OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE. EARLY WORKS’S AFFILIATES AND THE EARLY WORKS ENTITIES’ SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.
THE EARLY WORKS ENTITIES DO NOT MAKE ANY WARRANTY REGARDING THE OUTPUTS THAT MAY BE GENERATED FROM USE OF THE PRODUCTS, INCLUDING WITH RESPECT TO THE FACTUAL ACCURACY OF ANY OUTPUT OR SUITABILITY FOR YOUR USE CASE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY OUTPUT IS DONE AT YOUR SOLE RISK. DUE TO THE CURRENT NATURE OF GENERATIVE TECHNOLOGY, YOU SHOULD NOT RELY ON THE PRODUCTS AS A SINGLE SOURCE OF FACTUAL INFORMATION. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE PRODUCTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
IN COUNTRIES WHERE LIABILITY LIMITATIONS ARE ALLOWED, IN NO EVENT SHALL THE EARLY WORKS ENTITIES BE LIABLE WITH RESPECT TO THE PRODUCTS FOR (I) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES YOU HAVE ACTUALLY PAID TO THE EARLY WORKS ENTITIES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY; (II) ANY LOST PROFITS, LOST OR DAMAGED CONTENT OR OTHER DATA, OR FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE; OR (III) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EARLY WORKS AND YOU. YOU UNDERSTAND THAT OUR PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Certain countries and states don’t allow the limitation of certain damages, so some or all of this limitation of liability may not apply to you, and you may have additional rights. In that case, you agree that the Early Works Entities’ liability is limited to the maximum extent permissible in your country of residence.
IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THESE TERMS. EARLY WORKS’S AFFILIATES AND THE EARLY WORKS ENTITIES’ SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.
Let’s try to sort things out first. Before filing a claim against Early Works, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We’ll try to resolve the dispute informally by contacting you via email. If you and we cannot resolve the dispute informally, then a party seeking to bring a formal proceeding must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Early Works should be sent to Early Works, 2631 Housley Rd. #1110, Annapolis, MD 21401, Attn: Legal Department. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Early Works and you do not resolve the claim within sixty (60) calendar days after receiving the Notice, you or Early Works may commence a formal proceeding.
Judicial forum for disputes. You and Early Works agree that any judicial proceeding to resolve claims relating to these terms or our Products will be brought in the federal or state courts of Delaware, subject to the mandatory arbitration provisions below. Both you and Early Works consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts (for example, European Union member states), this paragraph doesn’t affect those requirements.
IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We both agree to arbitrate. You and Early Works agree to resolve any claims relating to these terms or our Products through final and binding arbitration by a single arbitrator, except as set forth under “Exceptions to agreement to arbitrate” below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
Opt-out of agreement to arbitrate. You have the right to opt out of these arbitration provisions (and any future changes to arbitration provisions) by emailing email@example.com within 30 days of agreeing to a version of these terms containing arbitration terms (however, if you agreed to a previous version of these terms of service that contain an arbitration provision, you are still bound by those arbitration provisions).
Arbitration procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the State of Delaware, or any other location we agree to. During the arbitration, the amount of any settlement offer made by Early Works or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Early Works is entitled.
Arbitration fees and incentives. The AAA rules will govern the payment of all arbitration fees. Early Works will pay all arbitration fees for individual arbitration for non-frivolous claims less than $75,000. Early Works will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to agreement to arbitrate. Either you or Early Works may assert claims, if they qualify, in small claims court in the courts in Delaware, United States. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Products or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Delaware, United States, to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us individually. That is, you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Severability. If the “NO CLASS ACTIONS” paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void. If you are found to have a non-waivable right to bring a specific claim or request a specific form of relief that an arbitrator lacks the authority to redress or award under this “Mandatory Arbitration Provisions” section, including public injunctive relief, then only that particular claim or request may be brought in court, and you and we agree that litigation of this claim or request will be stayed pending the resolution of any other claims or requests for relief in arbitration.
Delaware law will govern these terms except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
Miscellaneous Legal Terms
These terms make up the entire agreement between you and Early Works LLC, regarding your use of our Products. They supersede any prior agreements.
Waiver, Severability, and Assignment
Early Works’s failure to enforce a provision is not a waiver of its right to do so later. If a provision (other than the “NO CLASS ACTIONS” paragraph) is unenforceable, the remaining provisions will remain in full effect, and an enforceable term will be substituted with the goal of reflecting our intent as closely as possible. You may not assign any of your rights or obligations under these terms, and any such attempt will be void. Early Works may assign its rights to any of its affiliates or subsidiaries or any successor in interest of any business associated with the Products.
Modifications to These Terms
From time to time, we may revise these terms to, for example, reflect changes to the law, new regulations, and changes to our Products.
If an update significantly negatively affects your use of our Products or your legal rights as a user of our Products, we’ll notify you before the update’s effective date by sending an email to the email address associated with your account or via an in-product notification.
We may also update these terms in ways that won’t significantly negatively affect your rights. For example, we may change the feature or Product names or change the email address you can use to contact us. In those cases, we will post the change to our website and link to the previous version.
If you don’t agree to the updates we make, you must cancel your account before they become effective. Where required, we’ll offer you a prorated refund based on the amounts you have prepaid for our Products and your account cancellation date. By using or accessing the Products after the updates come into effect, you agree to be bound by the revised terms.