Last Updated: Dec 1, 2024
These Terms and Conditions (the "Terms") govern your access to and use of all current and future AI applications provided by Software Tailor HK Limited ("Software Tailor", "we", "us", or "our"), including but not limited to chatbots, function-calling features, and other AI tools ("Applications"). By installing, accessing, or using any of our Applications, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use our Applications.
Acceptance: By using our Applications, you confirm that you have read, understood, and agree to these Terms, as well as our Privacy Policy (see Section 5 below). These Terms apply to all of Software Tailor’s AI software – including any updates, enhancements, new features, or future tools we develop – unless separate terms accompany those items. Using the Applications in any manner (for example, interacting with a chatbot or enabling a function-calling feature) constitutes acceptance of these Terms.
Eligibility: You must be legally capable (in terms of age and authority) to accept these Terms. If you are using the Applications on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
Scope: These Terms govern all current and future local AI applications from Software Tailor. This includes our existing chatbots, any function-calling or AI-assisted features in our software, and any other AI tools we offer, whether as standalone apps or integrated features. The Terms apply uniformly to free versions, trial versions, and paid versions of the Applications, unless explicitly stated otherwise.
License Grant: Software Tailor grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use our AI Applications for their intended purpose, subject to these Terms. This license is provided for your personal or internal business use only. You do not obtain any ownership rights in the Applications or any related content or intellectual property; Software Tailor and its licensors retain all right, title, and interest in the software.
Permitted Use: You may use the Applications only in accordance with their documentation and intended functionality. You agree not to misuse the Applications. For example, you must not attempt to reverse engineer our software, circumvent usage limits, or use the Applications to violate any laws or rights of others. All uses of the Applications must comply with applicable laws and regulations.
Free and Paid Versions: Software Tailor may offer both free (or trial) and paid versions of its AI Applications. Free versions can be used without payment but may have limited features or usage capacity (for example, a limit on number of queries or restricted access to certain advanced functions). Paid versions (such as premium subscriptions or licensed editions) require payment of applicable fees and provide expanded features or higher usage limits. Free versions of the product may be used without charge, whereas paid products require you to pay the listed fees before use. The specific features and limitations of each version will be stated in the Application’s description or documentation.
User Feedback: If you provide feedback or suggestions to Software Tailor about our Applications, you grant us the right to use and incorporate those suggestions without any obligation to you. This helps us improve the product. However, providing feedback is optional and at your discretion.
Paid Services and Fees: If you choose to upgrade to a paid plan or purchase a license for any Application, you agree to pay all applicable fees. Pricing and payment terms will be presented to you before you finalize a purchase (for example, on our website or within the app interface). All fees are denominated in the currency indicated at purchase and are payable in advance for the subscription term or license period. Free and paid versions of each product, and their pricing, are published by Software Tailor (e.g., on our website or within the app) for your reference. By purchasing a paid service, you enter into a binding agreement to pay the stated fees and comply with any additional licensing terms provided.
Changes in Fees: Software Tailor reserves the right to modify the fees or introduce new charges for its paid Applications at any time. If the pricing for a service changes, we will make reasonable efforts to notify you (such as by posting the updated fees on our website or within the Application, or by other communication). Continued use of the paid service after the new fees have been posted or after the effective date of the fee change constitutes your acceptance of the revised pricing. If you do not agree to a fee change, you may cancel your paid subscription or license before the new fees apply, in accordance with the cancellation terms of your plan.
Subscription Terms: For subscription-based services, unless otherwise stated, subscriptions will automatically renew at the end of each billing cycle (monthly or annually, as applicable) at the then-current price. You can cancel auto-renewal by following the instructions provided in the Application or contacting our support within the timeframe indicated. If you cancel, you will retain access to the paid features until the end of the current paid term, and there will be no further charges. No refunds are generally provided for fees already paid, except as required by law or expressly provided in any additional refund policy we may have.
Free Trials and Beta Services: We may offer free trial periods or beta versions for evaluation. Such trials or beta services are provided at our discretion and may be subject to additional limitations or terms (e.g., a trial may expire after a certain time or beta features might change). Once a free trial ends, if you do not cancel and continue to use the Application, you may be prompted to begin a paid subscription under the terms above.
Monetization and Advertising: Software Tailor’s free Applications might be supported by advertising or other monetization strategies (for example, limited usage with an option to upgrade). We will not serve advertising in a way that compromises user data privacy (see Privacy Policy below for data handling). Paid versions typically offer an ad-free experience and higher usage limits. Any in-app purchases or additional content sales will be clearly explained and are also subject to these Terms.
Licensing of Paid Content: If you purchase any digital content or additional modules for the Application (for example, additional model packs, templates, or premium features), those are licensed to you for use within the Application, under the same license grant as above. You do not own this content; rather, you have a right to use it as part of the Application as long as your license or subscription is valid.
Your privacy is important to us. Please review our Privacy Policy below, which explains what data we collect from your use of the Applications and how we use it. By using the Applications, you consent to the collection and use of data as described:
Data Collected with Consent: With your consent, our Applications may collect certain data to help us improve performance, fix bugs, and enhance user experience. The types of data we may collect include:
Usage Analytics: Information about how you interact with the Application (e.g., frequency of use, features accessed, performance metrics). This information helps us understand usage patterns and improve functionality. Analytics data is collected anonymously or in aggregate form – we do not use this data to identify you personally ()
Crash Reports: If an Application encounters an error or crash, a report may be sent to us detailing the technical circumstances of the failure. These crash reports typically include device and software identifiers, error logs, and other diagnostic information. No personally identifiable information (PII) is included in these reports () Crash reports are used solely to debug and improve the stability of our Applications. In some Applications, you may be given the option to disable crash report collection; if so, information on how to opt out will be provided (for example, via a settings menu).
User Feedback and Support Information: If you provide feedback through the Application or contact us for support, we may collect the information you provide (such as your email, problem description, or suggestions). This information will only be used to address your feedback or support request, and to improve our products. Providing feedback is voluntary.
No Storage of Personal Data: We do not collect or store personal data such as your name, address, phone number, or other PII through the Applications, unless you explicitly provide such information to us (for example, if you register an account, make a purchase, or contact customer support). Analytics and crash data are designed to be anonymous and not linked to any direct identifiers () IP addresses or device IDs might be processed for the sole purpose of analytics or crash diagnosis, but we do not use them to identify individual users (). Any personally identifiable information that you do choose to provide (such as an email for login or support) will be handled in accordance with applicable privacy laws and only used for the purposes for which you provided it.
Use of Collected Data: The data we collect is used to: operate and improve the Applications, analyze performance and usage trends, fix bugs and crashes, and develop new features. For instance, usage statistics help us identify which features are popular, and crash logs help us identify and resolve software defects. We may also use aggregated data to guide our business and product decisions. Performance Statistics: We reserve the right to share or publish aggregated, non-personal performance statistics about our Applications. For example, we might publish statistics on the average response time of our chatbot or overall usage numbers to showcase the software’s performance improvements. These statistics will never include any information that identifies individual users. If a particular statistic could inadvertently reveal sensitive information or raise a privacy concern, we will not share it publicly ("unless there is a concern," we err on the side of protecting user privacy).
User Control: Where feasible, we will give you control over data collection. For example, an Application may ask for your permission before sending analytics or may provide a setting to opt in or out of certain data collection (like crash reports). If you decline to share analytics or feedback, you can generally still continue to use the Application – however, certain improvements or personalized features might not be available. We will only collect analytics, crash reports, and feedback with your consent or as allowed by applicable law.
Third-Party Analytics Services: If we utilize third-party analytics or crash reporting services (such as Google Analytics, Sentry, or others) within our Applications, those services’ privacy practices will also apply to the data they collect. We will disclose in our documentation or on our website which third-party services are used. We will ensure that no PII is sent to these services without your consent. Any data shared with third-party analytics is limited to usage statistics and crash diagnostics, not personal user information.
Data Security: We implement reasonable security measures to protect the data collected from unauthorized access or disclosure. However, no software or data transmission can be guaranteed 100% secure. By using the Applications, you acknowledge that there is some inherent risk in transmitting data over the internet or storing data electronically, and you agree that we are not liable for security breaches beyond our reasonable control.
For more details, please refer to Software Tailor’s full Privacy Policy document (if provided separately). That policy is incorporated into these Terms by reference.
Our AI Applications often rely on third-party software libraries, open-source projects, or external services to function effectively. This may include, for example, frameworks and runtime engines such as ONNX Runtime, LlamaSharp, or other libraries and tools that we did not develop ourselves. While we select these third-party components to enhance our Applications, we want to clarify how they are treated under these Terms:
No Control Over Third-Party Components: Third-party dependencies are provided along with our Applications on an "AS IS" basis, without warranties or guarantees from Software Tailor. We do not have direct control over the performance, availability, or maintenance of these third-party tools. As such, Software Tailor disclaims any and all liability for issues arising from these external components. This includes, but is not limited to, any bugs, vulnerabilities, incompatibilities, or licensing compliance issues present in the third-party software.
Examples of Dependencies: By way of example, our chatbot and AI tools might utilize the ONNX Runtime for machine learning model execution, or LlamaSharp (an implementation related to LLaMA models) for natural language processing capabilities. These and other third-party libraries integrated into our Applications are subject to their own open-source or commercial licenses, which may be supplied with the Application (often in a "NOTICE" or "LICENSES" file within the app package or installation directory). Any rights or obligations with respect to those third-party components are governed by their respective licenses, not by Software Tailor’s license. Using our Application means you agree to comply with any relevant third-party license terms for components that are included.
Disclaimer for Third-Party Issues: Software Tailor is not responsible for any malfunction, data loss, or damage caused by the failure of third-party dependencies. If a third-party library embedded in our Application has an error that crashes the Application or a security flaw that affects your system, we will try to help resolve the issue (for example, by applying patches or updates when they become available), but we do not accept liability for these problems. All warranty disclaimers and liability limitations stated in these Terms apply equally to such third-party components ()
Updates to Third-Party Components: The third-party libraries we use may be updated by their maintainers from time to time. We may include updated versions of these components when we release updates to our Applications. However, we are not obligated to individually update or support third-party software outside of our normal Application update cycle. If a critical issue is discovered in a third-party dependency, we will assess the risk and may release a special update of our Application or provide mitigation instructions, but this is at our discretion.
Acknowledgements: All third-party software included in our Applications remains the property of their respective owners. Any trademarks or names of third-party software are used only to refer to those products, and no endorsement or partnership is implied. You can find acknowledgements and license information for third-party components in the documentation or "About" section of the specific Application.
In summary, while third-party libraries significantly enhance our AI Applications, Software Tailor disclaims liability for any issues attributable to those third-party tools, in line with the "Disclaimer of Warranties" and "Limitation of Liability" sections below. Use of the Application is at your own risk with respect to third-party components.
Software Provided "AS IS": All Software Tailor AI Applications (including any content generated by them) are provided “as is” and “as available”. Software Tailor makes no warranties or representations, express or implied, about the reliability, suitability, or availability of the Applications. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express, implied, or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade (). We do not guarantee that the Applications will meet your requirements, achieve any intended results, be compatible with your systems, or be secure or free from errors.
No Guarantee of Accuracy or Outcomes: AI applications, such as chatbots or function-calling tools, involve probabilistic algorithms and may not always produce correct or expected results. Software Tailor does not warrant the accuracy, completeness, or usefulness of any information or response generated by our AI Applications. You assume all risk for how you choose to use or interpret the outputs from the Applications. Any decisions or actions you take based on output from our AI (for example, acting on advice given by a chatbot) are solely at your own risk. We will not be responsible for any consequences of actions you take based on the software’s output.
No Continuous Availability: We do not warrant that the Applications will be available uninterrupted or error-free at all times. Downtime, delays, or errors can occur for many reasons (including internet issues, server maintenance, software bugs, or third-party component failures). Such issues are often beyond our control. We provide the Applications on an availability basis as a service to you, but without any promise of continuous uptime or performance.
Security and No Viruses Warranty: While we attempt to keep our software secure and free of malware, we make no warranty that the Applications will be free of viruses, security threats, or other harmful components. You are responsible for using up-to-date antivirus software and maintaining your system’s security when using our Applications.
Third-Party Services and Content: If our Application provides links or integration to third-party services (for example, an AI tool that can fetch information from a third-party API or site), we make no warranties regarding those services. Any third-party information or services accessed through our Application are outside of our control and provided for your convenience. We disclaim responsibility for any content, accuracy, or practices of third-party websites or resources that you might access via the Application.
Jurisdictional Note: Some jurisdictions do not allow the exclusion of certain warranties or conditions. To the extent such exclusions are legally not permitted, some of the above disclaimers may not apply to you. In that case, any warranties required by law are limited in duration to the minimum period allowed by law and no warranties apply after that period.
Broad Liability Disclaimer: To the maximum extent permitted by applicable law, Software Tailor HK Limited and its directors, officers, employees, agents, affiliates, and partners shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, or any other damages of any type or kind, arising out of or in any way connected with your access to, use of, or inability to use the Applications (). This limitation of liability applies to all claims or causes, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.
Scope of Limitations: Specifically, and without limiting the foregoing, Software Tailor will not be liable for: (a) loss of profits, revenue, business, or data; (b) business interruption or downtime costs; (c) any indirect or consequential losses; (d) any reliance placed by you on the functionality or reliability of the Application; (e) any damage to your computer system, loss of data, or any other harm that results from your access to or use of the Applications; (f) claims by any third parties arising from your use of the Applications; or (g) damages relating to viruses, malware, or other malicious code that may be transmitted through the Application (despite our efforts to prevent such events).
AI Output and User Content: You understand that interactions with AI chatbots or tools can sometimes result in content that may be incorrect, inappropriate, or offensive. Software Tailor is not liable for any content generated by the AI Applications in response to user prompts. Additionally, any content that you (the user) input into the Application, or decisions you make based on the Application’s output, are under your own control and responsibility. We shall not be held responsible for any outcomes or legal repercussions arising from the content you provide to the AI or the content it generates.
Third-Party Dependency Liability: As noted in Section 5, we are not liable for issues caused by third-party dependencies. If a third-party library within our Application fails or causes damage, that liability is disclaimed under both that section and this general limitation of liability. For example, if the ONNX Runtime or any external AI model provider experiences a critical bug that affects our Application’s performance or your data, Software Tailor will not be responsible for those third-party failures.
Aggregate Liability Cap: To the extent that any liability is not legally excludable under these Terms, in no event shall Software Tailor’s total cumulative liability to you for all claims arising out of or relating to the use of (or inability to use) the Application exceed the amount (if any) you paid to Software Tailor for the specific Application in the 12 months immediately preceding the event giving rise to liability. If you have not paid Software Tailor any amount (for example, if you are using a free version), Software Tailor’s total liability to you shall not exceed HKD $100 (or an equivalent amount in the currency in which you transacted, or if no transaction, in US Dollars). This limitation is cumulative and not per-incident.
Release: You release Software Tailor and its affiliates from any and all obligations, liabilities, and claims in excess of the liability limitations stated herein. If you are a California resident (USA), you waive California Civil Code §1542 (and any similar law of any jurisdiction), which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release, which if known by them must have materially affected their settlement with the debtor."
Basis of Bargain: You acknowledge that Software Tailor has set its prices and made the Applications available in reliance on the disclaimers of warranty and the limitations of liability set forth in these Terms, which reflect an allocation of risk between the parties and form an essential basis of the bargain between us. In plain terms, the Application (especially if free or low-cost) could not be offered to you under these same terms if we were required to accept greater liability.
You agree to indemnify, defend, and hold harmless Software Tailor HK Limited and its officers, directors, employees, and agents (the "Indemnified Parties") from and against any and all claims, liabilities, losses, damages, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) brought by any third party arising out of or in any way related to: (a) your use of the Applications, (b) content or data you input, upload, or transmit through the Applications, (c) your violation of any of these Terms, or (d) your violation of any applicable law or regulation. This indemnification obligation means you will reimburse the Indemnified Parties for any losses or expenses incurred due to your actions or usage of the software that breach the Terms or the law.
Defense and Cooperation: Software Tailor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do so, you agree to cooperate with our defense of such claim and you will not settle any such matter without our prior written consent. We will make reasonable efforts to inform you of any such claim or legal proceeding upon becoming aware of it, so that you may participate in the defense if you wish.
Continued Obligations: Your indemnification obligations will survive any termination or expiration of these Terms, meaning you continue to be responsible for claims arising from your use when the Terms were in effect, even if you have stopped using the Application or your relationship with Software Tailor has ended.
Right to Modify Software: Software Tailor reserves the right to update, change, or modify the Applications (or any part of them) at any time. We may provide patches, updates, or new versions of the software to introduce new features, improve performance, address security issues, or comply with legal requirements. Such updates may occur automatically or require you to install a new version. We will endeavor to inform you (for example, via release notes or notifications) about major changes, but we are not obligated to maintain or support the software for any specific duration. Nothing in these Terms obligates us to continue providing or updating the Applications or to maintain compatibility with any particular platform or device indefinitely.
Right to Discontinue: Software Tailor may, at its discretion, suspend or discontinue the availability of any Application, or all Applications, at any time, temporarily or permanently. This could be due to business reasons (e.g., the product is no longer viable), legal requirements, security issues, or other reasons. If we discontinue a paid service before the end of your subscription, we will provide a pro-rata refund for the unused portion of your subscription, unless the discontinuation is due to your breach of these Terms.
No Liability for Changes: You agree that Software Tailor will not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuance of any Application or service. This includes changes that may alter your user experience, such as removal or alteration of features, changes to the user interface, or imposing new limitations. We understand that changes can be disruptive, and we will try to minimize negative impact, but our ability to modify and evolve our products is necessary to ensure their longevity and legal compliance.
Service Interruptions: There may be occasions when the Applications are unavailable due to maintenance, updates, or network issues. We strive to perform maintenance during off-peak hours when possible and to restore service promptly. However, continuous availability is not guaranteed. You agree that we have no liability for any loss or inconvenience caused by an inability to access the Applications during downtime or discontinuance.
User Obligations on Update: When we release an update, we may terminate support for older versions after a reasonable period. It is your responsibility to keep your software updated if you want to enjoy the latest features and security fixes. Continuing to use an outdated version of an Application is at your own risk. We may condition continued access to certain services (like online features) on your having the latest version installed.
Termination by Software Tailor: We reserve the right to terminate or suspend your access to the Applications (free or paid) if you violate these Terms or if your use of the Applications creates risk or legal exposure for us. In such cases, we may terminate your license and use of the software immediately. If you are on a paid plan and your access is terminated due to a breach of these Terms, you may not be entitled to any refund.
Termination by You: You are free to stop using our Applications at any time. If you wish to delete your account or cease using a paid service, you may need to formally cancel your subscription or notify us as described in the product documentation. The termination of use will not automatically erase data we have collected; see our Privacy Policy for how to request deletion of any personal data, if applicable.
Survival: Any provisions of these Terms that by their nature should survive termination (such as indemnification, warranty disclaimers, and liability limitations) will remain in effect even after your right to use the Applications ends.
These Terms and your use of the Applications will be governed by and construed in accordance with the laws of Hong Kong (Hong Kong Special Administrative Region), without regard to its conflict of law principles. You agree that the courts of Hong Kong shall have exclusive jurisdiction to settle any dispute, controversy, or claim arising out of or in connection with these Terms or your use of the Applications. You and Software Tailor each submit to the personal jurisdiction of the courts located in Hong Kong for the purpose of litigating such disputes.
Legal Compliance: You are responsible for complying with all local laws applicable to your use of the Applications. If you are accessing or using the Applications from a jurisdiction outside Hong Kong, you do so at your own risk and are responsible for ensuring compliance with the laws of that jurisdiction. Software Tailor makes no representations that the Applications are appropriate or available for use in all locations.
International Use: Given the global nature of software distribution, if you use the Applications in a jurisdiction that imposes additional legal requirements or regulations (for example, data protection rules or export controls), you agree to adhere to all such requirements. In particular, you agree not to use or export the Applications in violation of any applicable export laws or regulations.
Exclusion of UNCISG: The United Nations Convention on Contracts for the International Sale of Goods (UNCISG) does not apply to these Terms or the sale of any products or services by Software Tailor.
Software Tailor may update or modify these Terms from time to time. When we do, we will change the "Last Updated" date at the top of this document. For significant changes, we may also notify you via the Applications or by email (if we have your contact information) to outline the changes.
Acceptance of Changes: Continued use of the Applications after any revised Terms have been posted or communicated to you constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Applications.
Review of Terms: We encourage you to periodically review these Terms to stay informed about your rights and obligations. If you have any questions about the Terms, please contact us for clarification.
Entire Agreement: These Terms (together with any supplemental terms for specific Applications, and the Privacy Policy referenced in Section 4) constitute the entire agreement between you and Software Tailor regarding your use of the AI Applications. They supersede all prior or contemporaneous understandings and agreements, whether written or oral, relating to the same subject matter. Any additional or different terms (for example, in a purchase order or in correspondence) are void unless expressly agreed to in writing by Software Tailor.
Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remainder of the Terms shall remain in full force and effect. The invalid provision will be deemed modified so that it is valid and enforceable to the maximum extent allowed (or, if it cannot be modified, it will be severed from the Terms) without affecting the validity of the rest of the Terms.
No Waiver: Our failure to enforce any right or provision of these Terms shall not operate as a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Software Tailor.
Assignment: You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign these Terms without consent is void. Software Tailor may assign or transfer these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets, or by operation of law, and you hereby consent to such assignment.
Third-Party Beneficiaries: There are no third-party beneficiaries to these Terms; this agreement is solely between you and Software Tailor.
Force Majeure: Software Tailor will not be liable for any failure or delay in performance of its obligations (including providing access to the Applications) if such failure or delay is due to causes beyond its reasonable control, such as acts of God, war, terrorism, civil disturbances, government actions, fire, pandemics, labor strikes, or interruptions in internet or telecommunications services.
Headings: Section titles and headings in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions about these Terms, or need to contact us for any reason, please reach out to:
Software Tailor HK Limited
Email: [email protected]
Address: 17/F, 80 Gloucester Road, Wanchai, Hong Kong (Please refer to our website https://softwaretailor.com or official documentation for the most current contact information.)