TERMS OF SERVICES

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

Last Revised: 2025-01-23 13:36:35

1. OVERVIEW

This Terms of Service Agreement ("Agreement") is entered into by and between AgentsforHire.ai (dba Skim AI Technologies, Inc., www.skimai.com), registered address 244 5th Ave, Ste 2720, United States ("Company") and you, and is made effective as of the date of your use of this website http://agentsforhire.ai ("Site") or the date of electronic acceptance.

This Agreement sets forth the general terms and conditions of your use of the http://agentsforhire.ai as well as the products and/or services purchased or accessed through this Site (the "Services"). Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement and our Privacy Policy. The terms "we", "us" or "our" shall refer to Company. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement, uses our Site, has access or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.

2. ELIGIBILITY

The Site and Services are strictly prohibited for use by individuals under the age of eighteen (18). You must be at least eighteen (18) years old to access or use our Site or Services. By using the Site or Services, you expressly represent and warrant that:

  1. You are at least eighteen (18) years of age
  2. If you are accessing our Services on behalf of any person under 18 years of age, you:
    • Are such person's legal parent or guardian
    • Accept this Agreement on their behalf
    • Take full responsibility for their compliance with these terms
  3. You are recognized as being able to form legally binding contracts under applicable law
  4. You are not a person barred from purchasing or receiving the Services under the laws of the United States or other applicable jurisdiction

Any use or access to the Services by anyone under 18 is strictly prohibited and in violation of this Agreement. If you become aware of any user under the age of 18, please report this to info@agentsforhire.ai immediately. Company reserves the right to terminate any account that is discovered to be in violation of these age restrictions.

If you are entering into this Agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Company finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement.

3. RULES OF USER CONDUCT

By using this Site You acknowledge and agree that:

  • Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

You will not use this Site in a manner that:

  • Is illegal, or promotes or encourages illegal activity;
  • Promotes, encourages or engages in child pornography or the exploitation of children;
  • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
  • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
  • Infringes on the intellectual property rights of another User or any other person or entity;
  • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
  • Interferes with the operation of this Site;
  • Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware.

You will not:

  • copy or distribute in any medium any part of this Site, except where expressly authorized by Company,
  • copy or duplicate this Terms of Services agreement, which was created with the help of the TermsHub.io and the Terms and Conditions Generator,
  • modify or alter any part of this Site or any of its related technologies,
  • access Companies Content (as defined below) or User Content through any technology or means other than through this Site itself.

4. LICENSE GRANT AND RESTRICTIONS

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services solely for your internal purposes. This license is conditional on your continued compliance with these Terms and any additional restrictions we may impose. We reserve the right to revoke this license at any time for any or no reason. You shall not, and shall not permit any third party to: (a) copy, modify, translate, or create derivative works of the services; (b) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the services; (c) rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the services; (d) use the services for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (e) remove any proprietary notices from the services.

4A. MODEL LICENSING AND THIRD-PARTY AI SERVICES

The Services utilize and provide access to various AI models, some of which may be trained, operated, or licensed by third parties. You acknowledge and agree to the following terms regarding model usage:

  1. Third-Party Model Terms
    • Your use of any third-party models through our Services is subject to their respective terms and conditions
    • You are responsible for reviewing, understanding, and complying with all applicable model-specific terms
    • In the event of any conflict between this Agreement and third-party model terms, the model-specific terms shall govern with respect to that model's usage
    • We reserve the right to modify available models or discontinue access to specific models at any time
  2. Model Usage Restrictions
    • You shall not attempt to extract, reverse engineer, or otherwise access the underlying model architecture or weights
    • Any fine-tuning or modification of models must comply with both our terms and the model-specific terms
    • You are responsible for ensuring your use of models complies with all applicable laws and regulations
    • We may monitor model usage to ensure compliance with these terms
  3. Disclaimers and Limitations
    • We make no warranties regarding third-party models, including their accuracy, reliability, or availability
    • We are not liable for any damages arising from your use of third-party models
    • Model performance may vary based on inputs, context, and other factors beyond our control
    • We do not guarantee continuous availability of any specific model or version
  4. Enterprise Model Usage
    • Enterprise customers may have additional rights and restrictions regarding model usage as specified in their Order Form
    • Custom model deployments or fine-tuning services are subject to separate agreements
    • Enterprise security and data handling requirements will be specified in applicable Order Forms

5. USER CONTENT AND COMPANY RIGHTS

By posting any content on our platform, you automatically grant us a perpetual, worldwide, irrevocable, unlimited, royalty-free, fully sublicenseable right to use, copy, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content in any form or medium for any purpose, including but not limited to promotional, marketing, or any other commercial purpose, without any compensation to you. You represent and warrant that you have all rights necessary to grant these rights and that your content does not violate any law, regulation, or third party right.

6. ADDITIONAL PROHIBITED ACTIVITIES

In addition to the restrictions outlined in Section 3, you specifically agree not to engage in the following prohibited activities:

  • Accessing, or attempting to access, non-public areas of our systems
  • Probing, scanning, or testing for vulnerabilities
  • Using any automated systems or scripts to collect information
  • Attempting to decrypt any transmissions to or from our servers
  • Interfering with or disrupting the integrity or performance of the services
  • Attempting to gain unauthorized access to the services or related systems
  • Circumventing any rate-limiting mechanisms or security features
  • Monitoring availability, performance, or functionality for competitive purposes

6A. API USAGE AND TECHNICAL LIMITATIONS

When accessing our Services through our APIs, you acknowledge and agree to the following terms and restrictions:

  1. Rate Limits and Usage Quotas
    • Your API access is subject to rate limits as specified in our documentation
    • Rate limits are enforced on a per-account basis
    • We reserve the right to adjust these limits to maintain service stability
    • Exceeding rate limits may result in temporary service suspension
    • Enterprise customers may request custom rate limits
  2. API Security Requirements
    • You must implement industry-standard security measures for API access
    • API credentials must be stored securely and never exposed publicly
    • You must use HTTPS/TLS for all API communications
    • Access tokens must be rotated according to our security guidelines
    • You must promptly report any security incidents or credential compromise
  3. Technical Implementation
    • You must implement proper error handling for all API responses
    • Automatic retry logic must include exponential backoff
    • Concurrent requests must not exceed documented limits
    • Bulk operations must comply with batch processing guidelines
    • You must maintain current versions of API client libraries
  4. Monitoring and Compliance
    • We monitor API usage for security and performance purposes
    • You agree to cooperate with any usage audits or investigations
    • We may collect usage metrics and performance data
    • We may require updates to your implementation for security purposes
    • You must respond to technical notices within specified timeframes
  5. Service Protection
    • You shall not attempt to circumvent any technical limitations
    • Automated traffic must be identifiable via User-Agent headers
    • You may not share or pool API credentials between applications
    • We may block traffic that appears automated or malicious
    • We may require additional verification for high-volume usage
  6. API Modifications
    • We may modify API specifications with 30 days notice
    • Deprecated endpoints will be supported for 90 days minimum
    • Breaking changes will be communicated via our developer portal
    • We may add new security requirements as needed
    • Emergency security changes may be implemented immediately

The Company reserves the right to suspend API access for violations of these terms or to protect service stability. Enterprise customers may negotiate custom terms through their Order Form.

7. USER-CREATED AGENTS AND SHARED ACCESS

1. User-Created Agents

  • You are solely responsible for any agents you create using our services
  • You assume full liability for any data, content, or information you allow your agents to access or process
  • You are responsible for ensuring your agents comply with all applicable laws, regulations, and data protection requirements
  • You must obtain all necessary rights, consents, and permissions for any data you make available through your agents

2. Shared Access and Distribution

If you make any agent available to third parties (including customers, clients, or the public):

  • You assume full responsibility for all agent interactions and outputs
  • You are liable for any unauthorized data access or disclosure
  • You must implement appropriate access controls and security measures
  • You indemnify us against any claims arising from third-party use of your agents
  • You are responsible for any misuse or abuse of your agents by third parties

3. Data Protection Requirements

A. General Data Protection

Before sharing agents that access your company's data, you warrant that you:

  • Have authority to share such data
  • Have implemented appropriate data protection measures
  • Have obtained necessary consents from data owners/subjects
  • Will maintain records of all data sharing authorizations
  • Will immediately revoke access if any authorization is withdrawn
  • Comply with all applicable data protection laws including GDPR where applicable
  • Will not train agents on or expose them to personal data without proper legal basis
  • Have conducted necessary data protection impact assessments
  • Have implemented appropriate technical and organizational measures
  • Will notify us immediately of any data protection breaches
  • Will maintain detailed records of all data processing activities
  • Have appointed a data protection officer if required by law
  • Will obtain explicit consent before processing special categories of personal data
  • Will honor all data subject rights requests
  • Will ensure cross-border data transfers comply with applicable regulations

B. Data Retention and Deletion

  • We retain your data in accordance with GDPR and applicable laws
  • To request deletion of your data, email info@agentsforhire.ai or write to our postal address
  • We will process deletion requests within 30 days
  • Some data may be retained if required by law or legitimate business purposes
  • Deletion requests should include your account information and specific data to be deleted

C. Cross-Border Data Transfers

  • Data may be processed in countries outside your residence
  • We ensure appropriate safeguards through:
    • Standard Contractual Clauses
    • Adequacy decisions
    • Other legal transfer mechanisms
  • Users are responsible for ensuring their data transfers comply with local laws
  • Enterprise users may specify geographic data processing restrictions

D. AI Technology and Data Processing

Our services utilize artificial intelligence technology. By using our services:

  • We may process your data using AI technology for providing and improving our services
  • AI-generated content may contain variations in accuracy and reliability
  • We use your data in accordance with your account tier settings (Individual/Small Business/Enterprise)
  • Enterprise users have additional controls over data processing and isolation
  • AI processing may include:
    • Analysis of uploaded content and interactions
    • Generation of responses and content
    • Pattern recognition and learning from usage
    • Automated decision-making processes
  • Model versions and capabilities:
    • May be updated or changed without notice
    • Different account tiers may have access to different model versions
    • Updates may affect service functionality and performance
  • You acknowledge that AI processing may occur in various geographic locations in accordance with our Cross-Border Data Transfer policies

4. Prohibited Agent Uses

You shall not create or share agents that:

  • Process sensitive personal information without proper safeguards
  • Access confidential information without authorization
  • Violate any individual's or entity's privacy rights
  • Circumvent security measures or access controls
  • Share proprietary or confidential information inappropriately

5. Company Rights

We reserve the right to:

  • Monitor agent creation and sharing activities
  • Disable or limit agents that violate these terms
  • Require additional verification for certain agent capabilities
  • Modify or restrict agent sharing features
  • Terminate access for violations of these provisions

8. AI SERVICES AND LIMITATIONS

Our services utilize artificial intelligence, machine learning, and large language models ("AI Technology"). By using our services, you acknowledge and agree to the following:

1. Accuracy and Reliability

A. Service Performance

  • Our Services will function substantially as described in our documentation
  • We maintain a target monthly uptime of 99.9%, excluding scheduled maintenance
  • We implement industry-standard security practices for data protection
  • We provide advance notice of material changes to functionality

B. Model and Agent Behavior

  • AI-generated content may contain errors, inaccuracies, or misleading information
  • We make no representations or warranties about the accuracy, reliability, completeness, or timeliness of any AI-generated content
  • You are solely responsible for verifying any information or content generated by our AI Technology
  • We are not liable for any decisions, actions, or consequences resulting from your use of or reliance on AI-generated content

2. Usage Limitations

  • AI Technology should not be used for any critical decisions without appropriate human verification
  • You shall not rely on our AI Technology for medical, legal, financial, or other professional advice
  • We explicitly disclaim all liability for use of our AI Technology in high-risk or sensitive applications
  • The AI Technology may produce content that reflects training data biases or limitations

3. Content Rights and Processing

  • Content generated by our AI Technology may sometimes resemble existing content by coincidence
  • We make no claims about the originality of AI-generated content
  • You are responsible for ensuring your use of AI-generated content does not violate any third-party rights
  • We reserve the right to modify, filter, or block AI-generated content at our discretion

4. Model Behavior

A. Performance Expectations

  • Our AI models will maintain their documented capabilities during your subscription
  • Model responses will remain within specified token and response time limits
  • We will provide advance notice of significant model changes
  • Training data protections and filters will remain active and updated

B. Existing Provisions

  • Our AI Technology may produce unexpected, inconsistent, or undesirable outputs
  • Response quality and accuracy may vary based on inputs, context, and other factors
  • We reserve the right to modify our AI models, training data, and systems without notice
  • Performance or behavior of AI Technology may change over time

5. Indemnification

  • You agree to indemnify and hold us harmless from any claims arising from your use of or reliance on our AI Technology
  • This includes claims related to accuracy, appropriateness, originality, or rights violations of AI-generated content
  • This also includes any regulatory or compliance claims arising from your use of the Services, including but not limited to AI governance requirements, data protection regulations, or industry-specific compliance obligations

6. Training Data Usage

  • Individual and Small Business accounts: Data may be used to improve our services
  • Enterprise accounts: We do not use your data to train our models
  • Data usage tiers:
    • Individual: Data may be used for service improvement and model training
    • Small Business: Data may be used for service improvement and model training
    • Enterprise: Data is isolated and not used for any training purposes
  • Training data usage settings can be viewed and modified in your account settings

7. Service Specifics

A. Technical Performance

  • API requests will be processed within documented latency parameters
  • We maintain role-based access controls and authentication systems
  • We conduct regular security assessments
  • We monitor for and respond to security incidents

B. API Rate Limits and Usage

  • Services are subject to rate limits as specified in our pricing documentation
  • Rate limits apply on a per-account and per-endpoint basis
  • Exceeding rate limits may result in temporary service suspension
  • Rate limit notifications will be provided through API responses
  • Enterprise customers may negotiate custom limits

8. Remedy for Service Issues

  • Correction of non-conforming Services within reasonable time
  • Service credits for sustained performance issues
  • Pro-rated refund if issues remain uncorrected after 30 days
  • Right to terminate if substantial performance issues persist

9. BETA FEATURES AND PREVIEW SERVICES

Certain features or services may be labeled as "beta," "preview," "early access," "pilot," "experimental," or similar descriptions ("Beta Features"). You understand and agree that Beta Features:

  1. Are provided "AS IS" without any warranties, express or implied
  2. May contain bugs, errors, or other defects
  3. May be modified, suspended, or discontinued at any time without notice
  4. May have performance issues or be unavailable
  5. May not meet your requirements or expectations
  6. May result in loss of data or unexpected behavior
  7. May change substantially before final release, or may never be released
  8. Are used at your own risk and discretion

By using Beta Features, you acknowledge and agree that:

  • Your use is entirely voluntary and optional
  • We make no guarantees about future availability or functionality
  • We are not liable for any damages or losses arising from use of Beta Features
  • You will provide feedback if requested, and we may use such feedback without restriction
  • Standard service level agreements and support obligations do not apply to Beta Features
  • We may collect additional data about your use of Beta Features for improvement purposes

10. LIMITATION OF LIABILITY

Except for a party's indemnification obligations, gross negligence, willful misconduct or infringement or misappropriation of the other party's intellectual property rights, to the maximum extent permitted under applicable law:

  1. Liability Restrictions
    • Neither party shall be liable to the other under this agreement for:
      • Any indirect, special, incidental, consequential or punitive damages
      • Damages for loss of use, lost profits or interruption of business
      • Any claims beyond the Maximum Liability Cap defined below
  2. Maximum Liability Cap

    The Company's total aggregate liability arising from or related to this Agreement shall not exceed the greater of:

    • One million United States dollars ($1,000,000 USD); or
    • The total amount of fees paid by you to the Company in the twelve (12) months immediately preceding the incident giving rise to the claim
  3. Calculation of Liability
    • The twelve-month period is measured backward from the date of the first incident
    • Multiple related incidents are treated as one incident for cap calculations
    • Fees for subscriptions less than twelve months old will be annualized
  4. Exceptions to Liability Caps
    • Death or personal injury caused by negligence
    • Fraud or fraudulent misrepresentation
    • Violations of intellectual property rights
    • Breaches of confidentiality obligations
    • Any liability that cannot be limited by law
  5. Acknowledgment
    • The fees charged reflect these limitations
    • These limitations are an essential basis of our agreement
    • You may obtain additional protection through separate insurance

NO LIMITATION IN THIS SECTION IS INTENDED TO LIMIT THE COMPANY'S LIABILITY FOR FRAUD OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.

11. COMPANY RIGHTS RESERVE

We reserve the right to modify, suspend, or discontinue any part of our services at any time without notice or liability. We may also impose limits on certain features or restrict access to parts or all of the services without notice or liability. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service. We reserve the right to investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

12. INTELLECTUAL PROPERTY

In addition to the general rules above, the provisions in this Section apply specifically to your use of Companies Content posted to Site. Companies Content on this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("Companies Content"), are owned by or licensed to AgentsforHire.ai (dba Skim AI Technologies, Inc., www.skimai.com) in perpetuity, and are subject to copyright, trademark, and/or patent protection.

Companies Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement.

12A. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) COMPLIANCE

The Company respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), we will respond expeditiously to claims of copyright infringement that are reported to our designated copyright agent.

  1. DMCA Notifications

    If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through our Services, please notify our copyright agent with the following information:

    • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
    • Identification of the copyrighted work claimed to have been infringed
    • Identification of the material that is claimed to be infringing and where it is located within our Services
    • Your contact information, including address, telephone number, and email address
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law
    • A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner
  2. Contact Information

    Please send copyright notifications to:

    DMCA Agent
    AgentsforHire.ai (dba Skim AI Technologies, Inc.)
    244 5th Ave, Ste 2720
    United States
    Email: copyright@agentsforhire.ai

  3. Counter-Notification Procedures

    If material you have posted has been taken down due to a DMCA notice, you may file a counter-notification by providing our copyright agent with the following information:

    • Your physical or electronic signature
    • Identification of the material that has been removed and the location where it previously appeared
    • A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification
    • Your contact information, including address, telephone number, and email address
    • A statement that you consent to the jurisdiction of the federal court in New York and that you will accept service of process from the person who filed the original DMCA notice
  4. Repeat Infringers

    In accordance with the DMCA and other applicable laws, we maintain a policy of terminating, in appropriate circumstances, the accounts of users who are deemed to be repeat infringers. We may also limit access to our Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  5. Agent Training and Copyright

    When creating and training agents, you must ensure that:

    • You have proper rights to use any training data
    • Your agents do not reproduce or distribute copyrighted content without authorization
    • Your agents include appropriate attribution where required
    • You maintain records of data sources and rights clearances

13. LINKS TO THIRD-PARTY WEBSITES

This Site may contain links to third-party websites that are not owned or controlled by Company. Company assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Company does not censor or edit the content of any third-party websites. By using this Site you expressly release Company from any and all liability arising from your use of any third-party website. Accordingly, Company encourages you to be aware when you leave this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

14. AVAILABILITY OF WEBSITE

Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Site on 24/7 basis. You acknowledge and agree that from time to time this Site may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.

You acknowledge and agree that we have no control over the availability of this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

15. DISCONTINUED SERVICES

Company reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Company makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued. If that is the case, that product or service will no longer be supported by Company. In such case, Company will either offer a comparable Service for you to migrate to or a refund. Company will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

16. FEES AND PAYMENTS

  1. You acknowledge and agree that your payment will be charged and processed by AgentsforHire.ai (dba Skim AI Technologies, Inc., www.skimai.com).
  2. You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services.
  3. Company expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.
  4. Except as expressly provided in these Terms, all charges and payments are non-refundable, non-cancellable, and non-creditable, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.

17. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

18. COMPLIANCE WITH LOCAL LAWS

Company makes no representation or warranty that the content available on this Site are appropriate in every country or jurisdiction, and access to this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site are responsible for compliance with all local laws, rules and regulations.

19. GOVERNING LAW

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of United States, New York, to the exclusion of conflict of law rules.

20. DISPUTE RESOLUTION

Any controversy or claim arising out of or relating to these Terms of Services will be settled by binding arbitration. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in United States, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

21. TITLES AND HEADINGS

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.

22. SEVERABILITY

Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

23. FORCE MAJEURE

Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence. Force Majeure Events include, but are not limited to:

  1. Traditional Force Majeure Events
    • Natural disasters (earthquakes, tsunamis, hurricanes, floods)
    • Wars, riots, terrorist activities
    • Pandemics, epidemics
    • Government restrictions, embargoes
    • Strikes, labor difficulties
  2. Technology Infrastructure Events
    • Large-scale cloud service provider outages
    • Major internet backbone disruptions
    • Severe cybersecurity incidents including:
      • Distributed Denial of Service (DDoS) attacks
      • Ransomware attacks
      • Advanced persistent threats
    • Critical hardware or infrastructure failures
    • Widespread telecommunications disruptions
  3. AI Service-Specific Events
    • Unexpected degradation or unavailability of third-party AI models
    • Critical changes in AI model licensing terms
    • Sudden restrictions on AI model access or usage
    • Significant changes in model performance or capabilities
    • Emergency model shutdowns for safety or ethical concerns
    • Disruptions in training data availability or quality
  4. Regulatory and Compliance Events
    • Emergency AI regulations or restrictions
    • Sudden changes in data protection requirements
    • Mandatory security protocols or standards
    • Export control restrictions on AI technologies
    • Court orders affecting AI service delivery
  5. Supply Chain Events
    • Critical compute resource shortages
    • GPU or specialized hardware unavailability
    • Essential software component discontinuation
    • Key vendor service terminations
    • Critical dependency failures

The party affected by such a Force Majeure Event shall:

  • Notify the other party within 72 hours of the Event's occurrence
  • Use reasonable efforts to mitigate the Event's impact
  • Resume performance as soon as reasonably possible
  • Provide regular updates on recovery progress
  • Implement contingency plans where available

Force Majeure Events do not excuse:

  • Payment obligations for services already rendered
  • Data protection and security obligations
  • Confidentiality requirements
  • Implementation of available backup solutions
  • Communication responsibilities to affected parties

If a Force Majeure Event continues for more than thirty (30) consecutive days, either party may terminate the affected services upon written notice to the other party, with a pro-rated refund of any prepaid fees for undelivered services.

24. THIRD-PARTY SERVICE DEPENDENCIES

Our Services rely on third-party Language Model APIs and other services. You acknowledge and agree that:

  1. Service availability and performance may be impacted by interruptions, delays, or failures of these third-party services
  2. We are not liable for any damages or losses resulting from:
    • Downtime or degraded performance of third-party Language Model APIs
    • Changes in third-party API functionality, pricing, or terms
    • Discontinuation of third-party services or APIs
    • Data processing errors or inconsistencies caused by third-party services
  3. While we strive to maintain service quality:
    • We cannot guarantee uninterrupted access to third-party services
    • Response times and quality may vary based on third-party service performance
    • Features dependent on specific third-party services may be modified or removed if those services become unavailable
  4. We will make reasonable efforts to:
    • Maintain relationships with multiple service providers where feasible
    • Notify you of any significant changes to third-party service dependencies
    • Provide alternative solutions when available
  5. Regarding Agent Dependencies:
    • Agents may utilize various third-party Language Models and services to function
    • Agent performance and capabilities depend on the underlying models' availability
    • We reserve the right to change the underlying models used by agents
    • Agent behavior may vary when underlying services are updated
    • We will provide reasonable notice of any planned changes that may significantly affect agent functionality

25. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

AgentsforHire.ai (dba Skim AI Technologies, Inc., www.skimai.com)
244 5th Ave, Ste 2720
United States
info@agentsforhire.ai