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Last updated: February 2023

Walnut ACE – Terms of Service

These Terms of Service (“ToS”) govern your use of the Walnut Nutty feature (“Service”) and forms an integral part of Walnut’s MSA (previously known as Walnut’s T&Cs) (”MSA”) for all intents and purposes.

By clicking the “I agree” button, you represent and warrant that you are using the Service on behalf of a Company (“Customer”) and that you have the authority to bind the Customer to these ToS and to agree to these ToS on behalf of the Customer. Walnut may change these ToS from time to time at its sole discretion, and your continued access to and use of the Service, indicate that you have read and agreed to all such changes. If you do not have such authority, or if you or the Customer do not agree to these ToS, please refrain from using the Service.

You acknowledge that you and the Customer are responsible for any text you type in the Service (“Input”) as well as the text returned based on the Input (“Output”), including without limitation, ensuring that the Input and Output complies with applicable law, these ToS and the MSA before sharing it.

Third-Party Provider. The Service is provided by using artificial intelligence technology developed and provided by OpanAI LLC (“OpenAI”). You agree that any Input you provide will be shared with OpenAI to provide you with the Service and that OpenAI may use your Input to improve their services. If the Input you provide includes personal information, you acknowledge that Walnut’s DPA applies to the handling of such information, and consent to such information being transferred to OpenAI which is located in the United States.

Acceptable Use Policy. Without derogating from the restrictions and acceptable use policy in the MSA, you hereby represent and warrant that you and the Customer will: (a) not mislead anyone that the content generated by the Service is human-generated, and (b) not use the Service to generate content that expresses or promotes hate, harassment, or violence, encourages self-harm, presents illegal, sexual, political, harmful, false, deceiving or misleading information, misuses personal data, contains malware, unsolicited bulk content, ransomware, viruses, or other software. You acknowledge that if any of your Output is alleged to be unlawful or in breach of these ToS, Walnut may disclose such content to law enforcement or other governmental authorities.

Intellectual Property. You acknowledge that due to the nature of machine learning, Outputs may be similar to outputs provided to other users of the Service. Without derogating the above, as between you and Walnut, to the extent permitted by law, Customer owns the Input and unique Outputs provided through the Service. Customer may use the Output for any legal purposes, at its own risk, provided it complies with these ToS and the MSA. Walnut will have the right to host the Input and Output on its Platform and use it to maintain and improve Walnut’s products and services.

Disclaimer. In addition to the disclaimer included in the MSA, the Service is provided on an “as is” and as “available” basis. Walnut and OpenAI makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, text, and content included in the Output, including without limitation, about the results that may be obtained from using the Service or as to the accuracy, availability, suitability, reliability, or content of any information provided through the Service. Walnut and OpenAI will have no liability or responsibility arising in any way from your use of the Output or any errors or omissions contained in the Output.

Feedback.  If you have any feedback or concerns regarding the Service or if you wish to withdraw your consent to these ToS, please contact us at support@walnut.io.

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