[Alpha] Ellie Terms of Service

What's in these terms

These terms tell you the rules for using Ellie.

Who we are and how to contact us

Ellie is a connector that allows AI tools to interact with our service. It is operated by Element Human Limited (We). We are registered in England and Wales under company number 08587003 and have our registered office at 7 Savoy Court, London, England, WC2R 0EX.

To contact us, please email ellie@elementhuman.com.

By using Ellie you accept these terms

By using Ellie, you confirm that you accept these terms of service and that you agree to comply with them.

If you do not agree to these terms, you must not use Ellie.

There are other terms that may apply to you

The following terms also apply to your use of Ellie:

• Our Privacy Policy, which explains how we collect, use and store your personal data.

• Our Cookie Policy, which sets out information about the cookies on our services.

You may be accessing Ellie because your employer has a commercial agreement with us which permits you to access Ellie. In that case, such commercial agreement will also apply to your use of Ellie.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use Ellie, please check these terms to ensure you understand the terms that apply at that time. 

We may make changes to Ellie

We may update and change Ellie from time to time to improve and enhance Ellie, reflect changes to our services, our users' needs and our business priorities.

We may suspend or withdraw Ellie

We do not guarantee that Ellie, or any content made available by it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Ellie for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access or use Ellie through your internet connection are aware of these terms of service and other applicable terms of service, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of service.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at ellie@elementhuman.com.

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to Ellie or any services provided via, or in relation to, Ellie for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):

• Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of Ellie or any data, content, information or services accessed via the same.

• Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).

You shall not use, and we do not consent to the use of, Ellie, or any data published by, or contained in, or accessible via, Ellie or any services provided via, or in relation to, Ellie for the purposes of developing, training, fine-tuning or validating any AI system or model.

This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws that are applicable to us.

Rules about linking to Ellie

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link to Ellie in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to Ellie in any website that is not owned by you.

Ellie must not be framed on any other site, nor may you create a link to any part of Ellie other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on Ellie other than that set out above, please contact ellie@elementhuman.com.

Our trade marks 

You are not permitted to use any of our trade marks without our approval, unless they are part of material you are using as permitted under these terms.

Uploading content to Ellie

Whenever you make use of a feature that allows you to upload or share content to or via Ellie you must comply with the standards set out in any policy document which we make available on elementhuman.com in relation to such matters.

You own your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available as part of the Ellie service.

We also have the right to disclose your identity to anyone who is claiming that any content provided or uploaded by you to Ellie violates their intellectual property rights or their right to privacy.

We have the right to remove any content which you have provided to Ellie if, in our opinion, such provision does not comply with our acceptable use standards.
 

Ellie is a developing service

Although we make reasonable efforts to ensure that Ellie operates properly and delivers the service we anticipate, we make no representations, warranties or guarantees, whether express or implied, about the output of Ellie. Ellie is a service in continual development. 

We are not responsible for the AI tools which you choose to use with Ellie

You choose which AI tool you use with Ellie. We have no control over your choice, or the performance or output of such tools.

We are not responsible for viruses

We do not guarantee that Ellie will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access Ellie. You should use your own virus protection software.

You must not introduce viruses

You must not misuse Ellie by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with Ellie or any part of it. You must not attempt to gain unauthorised access to Ellie, the server on which Ellie is stored or any server, computer or database connected to Ellie or any other equipment or network connected with Ellie. You must not interfere with, damage or disrupt any software used in the provision of Ellie or any equipment or network or software owned or used by any third party on which this site relies in any way. You must not attack Ellie via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Ellie will cease immediately.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

We exclude all implied conditions, warranties, representations or other terms that may apply to Ellie or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, Ellie; or

• use of or reliance on any content provided by Ellie.

• In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

How we may use your personal information

We will only use your personal information as set out in Our Privacy Policy.

Which country's laws apply to a dispute

These terms of service, their subject matter and their formation, are governed by English law.