These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the Playground.ai website (“Website”) and any of its related products and services, including any of our fee-based offerings (collectively, “Services”). This Agreement is legally binding between you (“User”, “you”, or “your”) and Playground AI LLC (doing business as “Company”, “we”, “us”, or “our”). You must be 18 years or older and able to form a binding contract with the Company. If you are under the age of 18, you are prohibited from accessing or using the Website and Services and please do not submit any Personal Information through the Website and Services. If you are entering into this Agreement on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Policy, you must not accept this agreement, you should not use our Website or any of our Services, and you should arrange to cancel your registered user account with us and/or any of our fee-based offerings for which you have subscribed, as applicable. By accessing or using the Website and Services or by creating an account with us or registering for any of our fee based Services, you acknowledge that (i) you have read, understood, and agree to be bound by the terms of this Agreement; and (ii) this Agreement is a contract between you and the Company, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services. We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes. This Agreement does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.
The Company, Website, and Services are not associated with or related in any way with OpenAI, L.L.C. or any of its affiliates, subsidiaries, products, or services. By accessing and using the Website and Services, you acknowledge and agree that the Company, Website, and Services are not associated with or related in any way with OpenAI, L.L.C. or any of its affiliates, subsidiaries, products, or services.

Use of the Website and Services

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access and use the Website and/or the Services that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or member to the Website and/or our Services. You understand that only you may use your user account and password, and that your access and/or subscription to our Services is only valid for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of Services subscribed to by you. By using the Website and/or Services, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to the Website (or any part thereof) and the Services. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website and/or Services, including, but not limited to, (i) restricting the time the Website and/or Services is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website and/or Services. You agree that any termination or cancellation of your access to, or use of, the Website and/or Services may be effected without prior notice. If you do not abide by the terms of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Website (or part thereof) and/or our Services. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Website and/or Services. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing the Website and/or Services, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Services, is to cancel or terminate your membership or registered user account, as applicable. From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events. At our sole discretion, we may also (but are not required to) provide notice of such Additional Terms by other means at our discretion, such as through the contact information you have provided. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement. Charges and Fees for fee-based Services Certain portions, components, content and features of the Website and Services are only available to users who purchase a subscription to one of our fee-based Services. Your access to the portions, components, content and features of the Website and Services may vary depending upon which one of the fee-based Services you purchased. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). We reserve the right to change Services and pricing at any time. We also reserve the right to refuse any subscription you request from us. As a member to one of our fee-based Services, you agree as follows:

• You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees set forth on the Website and the Services applicable taxes, and other charges and fees incurred in order to access our Services. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice, determined at our sole discretion, communicated to you through a posting on the Website or such other means as we, at our sole discretion, may deem appropriate from time to time (including electronic mail or conventional mail). We will automatically charge your credit card or other account at the start of the subscription plan billing period and at the start of each renewal period, unless you terminate or cancel your membership before the relevant renewal period begins. Except in the case of a multiple-period prepayment plan, a recurring billing long term commitment plan or if you were eligible for a discounted rate but are no longer eligible for that rate, the renewal charge will be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. Each time you use our fee-based Services you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your access to our Fee-Based Products. If you purchased a multiple- period prepayment plan, a recurring billing long term commitment plan or you were eligible for a discounted rate but are no long eligible for that rate, your subscription will automatically be renewed at our standard rates and for our standard period (usually monthly) at the start of the renewal period.
• In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to and using the Website and Services, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our fee-based Services.
• For purposes of your use of our fee-based Services including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to our fee-based Services (“Membership Data”), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Membership Data with third parties as outlined in our Privacy Policy including for but limited to for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Membership Data and any other information you provide to us to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Website (or any portion thereof) or any of our Services. You are obligated to visit https://ui.playground.ai/settings/profile to determine whether your Membership Data is current and accurate, and, if not, to correct or update your Membership Data including your billing information. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on the Website. If your registration or membership is revoked for any reason, you agree not to register or subscribe again with our Website using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this Agreement or by law.
• You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your membership until you update your Membership Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, visit https://ui.playground.ai/settings/profile to update your Membership Data. You are entirely responsible for any and all activities which occur under your user account. You are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.
• The fees, including the full monthly fee for any month (or portion thereof) elapsed (regardless of whether you participated in any of the fee-based Services or logged onto the Website during that month) are non-refundable except if we terminate your membership (as opposed to you canceling your membership), for reasons other than due to your violation of this Agreement, prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee (e.g. the sign-up fee), we will refund any unused portion of such period on a pro rata basis.

Cancellation of Membership
You and the Company have the right to terminate or cancel your access or subscription to any of our Services at any time for any reason. You understand and agree that the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of:
(i) any terms of this Agreement or our enforcement or application of this Agreement;
(ii) any practice or policy of the Company, including our Terms & Conditions and Privacy Policy, or our enforcement or application of these policies/agreements;
(iii) the content available through the Website or any change in content provided through the Website or on or through a fee-based Services;
(iv) your ability to access and/or use the Website and/or the Services; or
(v) the amount or types of our fees or charges, surcharges, applicable taxes, or billing methods, or any change to our fees or charges, applicable taxes, or billing methods.

Upon cancellation or termination of your subscription to our Services, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, the Website (or part thereof), or our Services, except as we may otherwise provide from time to time. You must cancel your subscription to our fee-based Services prior to the end of the subscription billing period. Cancellation takes effect at the end of the subscription month in which you cancel. To avoid misunderstanding, if your subscription month starts on January 15 and ends February 15, your cancellation will take effect on February 15. From time to time, we may have special plans (including, but not limited to, long term commitment plans) with predetermined termination fees in lieu of our standard cancellation policy. If you subscribe to such a special plan and you decide to cancel at any time prior to the end of the special plan period, you will be charged the predetermined termination fee (or other applicable fee) as specified in such plan’s offer terms. You must cancel your membership online or by such other means as we may provide from time to time. We will attempt to process all cancellation requests promptly after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period’s fee, contact us to have the charges reversed. If you use our fee-based Services during that next period, you will not be entitled to a refund. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.

Accuracy of information Occasionally there may be information on the Website or provided via the Services that contains typographical errors, inaccuracies or omissions that may relate to Services descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel subscriptions if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your subscription). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Links to other resources Although the Website and Services may link to other resources (such as websites, ad servers, ad networks, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, the Company will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website or through our Services. Your linking to any other off-site resources is at your own risk.

Prohibited uses In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet;
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(i) for any obscene or immoral purpose;
(j) to infringe, misappropriate or violate in any way any person’s rights; or
(k) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet.
We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Disclaimer of Warranty

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED SERVICES)ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THE WEBSITE AND SERVICES IS SOLELY AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR SERVICES. WE DO NOT WARRANT THAT THIS WEBSITE, THE SERVICES, OR ANY FUNCTION OR OFFERING CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICES (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED SERVICES) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE OR SERVICES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH SERVICES (INCLUDING,WITHOUT LIMITATION, THE FEE-BASED SERVICES). WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED SERVICES) IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE MAKE NO WARRANTY REGARDING ANY SERVICES SUBSCRIBED, ACCESSED, OR OBTAINED THROUGH THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR SERVICES UNLESS EXPRESSLY STATED OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE OR THE SERVICES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF THE LIABLE PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES, WHETHER ARISING OUT OF, OR RESULTING FROM,
(A) THE USE OR THE INABILITY TO USE THIS WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, THE FEE- BASED SERVICES);
(B) THE USE OF ANY CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED SERVICES) ON THE WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE OR PROVIDED OR ACCESSED THROUGH THE SERVICE,
(C) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES SUBSCRIBED OR OBTAINED OR MESSAGES RECEIVED ORTRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED SERVICES);
(D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(E) STATEMENTS OR CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR WEBSITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED SERVICES); OR
(F) ANY OTHER MATTER RELATING TO THIS WEBSITE OR THE SERVICES. IN NO EVENT SHALL THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, REPRESENTATIVES, PARENT COMPANY, AGENTS, SUPPLIERS AND LICENSORS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) BE GREATER THAN ONE DOLLAR OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO THE COMPANY FOR THE PRIOR ONE MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR SERVICES, OR WITH ANY PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE WEBSITE AND THE SERVICES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, hold harmless and, at our option, defend the Company, its affiliates, directors, officers, employees, contractor, representatives, parent company, agents, suppliers or licensors from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from or in any way connected with your use of our Website or Services (including, without limitation, the fee-based services), your improper use of the Website and our Services, your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

Links

This Agreement applies only to this Website and the Services, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources) or which you accessed or used from third party advertisers on the Website. You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the Commonwealth of Puerto Rico without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the Commonwealth of Puerto Rico. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in the Commonwealth of Puerto Rico, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time without notice and at our discretion. When we do, we will revise the updated date at the bottom of this page. In addition, at our sole discretion, we may (but are not required to) provide notice of any changes or amendments via other means at our discretion, such as through the contact information you have provided. An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your acceptance and consent to those changes or amendments. Each time you access this Website or Services, you will be deemed to have accepted any such changes. Acceptance of these terms You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contact us

If you have any questions or concerns about this Privacy Policy, we encourage you to contact us using the details below: https://help.playground.ai/hc/en-us This document was last updated on February 17, 2023.