TRAJECIENT TERMS OF SERVICE
Version 1.01: Effective date: 12/11/2023.
Preamble
Use of Trajecient services and platforms is subject to agreement and ongoing compliance with these Terms of Service, as enumerated on this page, which is the entirety of the Terms of Service. The version of the Terms of Service in force is the online version on this page.
By continued use of Trajecient services (including websites) or platforms, you agree to the provisions below, in conjunction with the Privacy Policy:
Definitions
1. A 'generative AI' system is defined here as a system that stores, references or otherwise makes use of qualitative data, also known as 'training data,' with the system using this quantitative data to generate content in response to analysed inputs, where the output are also in the form of qualitative data.
2. 'Generative AI' is here distinct and separate from algorithms, databases and tables such as used for the purposes of statistical analysis, as here both the inputs and outputs are purely quantitative data. This also excludes data visualisation where the inputs are purely quantitative, such as a rating and the outputs are qualitative, such as that of a word cloud.
Code of Conduct
3. Without Trajecient's prior and active consent, which, to not be superseded or overridden by this Terms of Service must be a separate communication of permission distinct from any bundled consent given for any other reason, service or purpose, you shall not use any content provided by Trajecient platforms and services, including but not limited to text, images, software, videos, fonts, "look and feel" and audio for:
(1) training a system built on machine learning or artificial intelligence that is classified as 'generative AI' or machine learning for an equivalent purpose;
(2) as part of content served, communicated, referenced or otherwise represented by a chatbot or any 'generative AI' system; or equivalent system in terms of generation, presentation or representation of content;
(3) providing archived or cached data sets containing such content to another person or entity, unless directly authorised by Trajecient ;
(4) any use that has the effect of impersonating Trajecient beyond satire and parody considered part of 'fair use' or 'fair dealing' or equivalent to such in jurisdictions without either;
(5) hacking, reverse-engineering, disassembling, decompiling, data mining or otherwise extracting or extrapolating information about the inner workings of Trajecient platforms or services, except:
(a for the sole and limited purpose of software preservation and ensuring interoperability to this end, with this sole exception only applicable should Trajecient neither authorise a project to this end nor invite a project proposal to be made to this end;
(b 'white hat hacking' where unauthorised penetration testing nevertheless results in reporting any disclosable findings of vulnerabilities to Trajecient and without any exploitation of such identified vulnerabilities nor any public communication of these vulnerabilities while they are present; and
(c unauthorised 'white knight' hacking for the sole and limited purpose of intercepting and denying a successful cyberattack in the event Trajecient appears unaware or insufficiently unresponsive to an ongoing attack providing that communication with Trajecient as to the situation is made ASAP and without any malicious exploitation of vulnerabilities or communication thereof while they are present;
(6) any other use that infringes upon Trajecient's rights under copyright and trademark laws or any other applicable protections or author's rights.
4. Any transmission, reproduction, copying, mirroring or other such means for content of this site to appear elsewhere is not to be done should it be reasonably forseeable that this would open up the content to be used for any of the six purposes so enumerated above. There is no exception for sites which have licensed content on their sites to be used by generative AI models or systems classified by other equivalent terms.
Archival Code of Conduct
5. Trajecient hereby consents to archival uses of Trajecient webpages if there is sufficient security in place to prevent archival uses from being used to train or develop any 'generative AI' system, subject to the condition that there is a waiver of any and all indemnifications of liability. If you claim sufficient security is in place for archival uses, you represent that you are willing to accept responsibility for any contributing factors involving you in the event of any and all cybersecurity breaches insofar as Trajecient's content is concerned. Further, you shall, as applicable, nullify, withdraw, refuse to exercise and/or exempt any claim or right to a limitation of liability that would limit the capacity of any judicial or extrajudicial process to make a determination as to reasonable compensation and damages as applicable.
Generative AI
6. Use of Trajecient platforms and services is conditional to the agreement and acceptance that in the event that your use of one or more services and/or one or more platforms involves:
(1) accessing it to incorporate content of the site into generative AI models or models of equivalent systems;
(2) to mark it so an API can access it for use with generative AI services;
(3) to update a generative AI model, equivalent model or API, or to submit content into a third-party generative AI system or equivalent system;
then you agree to accept liability for any breach and you shall, as applicable, nullify, withdraw, refuse to exercise and/or exempt any claim or right to indemnification or other restrictive limitation of liability that has the effect of preventing penalties that would ensure sufficient deterrence from future potential breaches.
7. Further, if your use of this site involves an agreement to pay third-party legal costs, as in but not limited to the cost of copyright claims and potentially inclusive of damages or settlements, then you agree and accept that this gives incentive for violations to occur due to the absence of a financial penalty and that the nature of this service not only involves a greater share of responsibility for what has occured, with applicable legal principles that override any limitation of liability so claimed, but that it creates the conditions for further offences. As such, you further agree and accept that this conduct shall be understood as aiding and abetting and as art and part in the jurisdiction of Scotland.
8. If you provide generative AI service or equivalent systems, or have developed or licensed a large language model or other such AI systems then to the extent your access of this site is via an automated process such as crawling, your use of this site is subject to the agreement and acceptance that you have the capacity to be able to automatically analyse these Terms of Service and through algorithms makes decisions, including to require human review. You further understand, affirm and accept that if you have failed to implement such a process, it is equivalent to when a person is presented with a Terms of Service as part of establishing a contractual relationship but accepts to be bound by it without reading it. Should you have the technical or intellectual capacity to understand these Terms of Service but have refused to exercise that capacity, such inaction is not a sufficient basis for these Terms of Service not to apply.
9. Use of Trajecient platforms and services is conditional to the agreement and acceptance that insofar as you provide generative AI services or equivalent systems that:
(1) you accept a duty and obligation to provide Trajecient with the information necessary to identify, contact, and/or initiate legal proceedings against violators to the extent that any identifers are established beyond a reasonable standard of doubt; and
(2) sufficient information shall be provided to the extent in the form that maximises the respect for privacy while enabling identification, contact and initiation of legal proceedings to occur.
Use of Trajecient platforms and services site is subject to the agreement and acceptance that should a generative AI service or equivalent system you provide have knowingly engaged with content that is or is likely to be Trajecient copyright, such as by:
(a) having a generative AI model that uses 'Trajecient' within metadata of an AI model or that of any trademark or name reasonably identifiable with Trajecient IP; or
(b having a generative AI model that via an API interacts with, accesses, or references an archive, index or other record of a Trajecient site, or other site identified as using Trajecient IP;
then there is an acceptance of liability for any copyright breach and in such a case, as applicable, you shall nullify and withdraw any claim or right to indemnification or other limitation of liability that has been asserted.
10. Use of Trajecient services and platforms is conditional to the agreement and acceptance that your understanding of 'fair use' and 'fair dealing,' to the extent that the legal application of these terms is subject to the understanding of such terms by the parties involves, is that 'fair use' and 'fair dealing' does not permit usage in relation to generative AI or other equivalent systems.
Liability
11. Trajecient does not exercise a limitation of liability, but can only be held liable to the extent that what has occured is a causal result of Trajecient's actions or any negligent actions. Trajecient cannot be held liable for that which was only the result of one or more other external factors, such as but not limited to the examples of events arising from intentional or unintentional misuse, abuse, mishandling or storage of Trajecient content, a loss incurring from power failures that merely coincide with accessing Trajecient content, or if Trajecient has been forced by law to collect information in a form and to an extent that carries a level of risk and Trajecient mitigated said risk as far as is reasonable given legal obligations.
12. Use of Trajecient services and platforms is conditional to the agreement and acceptance that Trajecient makes no representation that services and platforms will be available without any possible interruption. They are subject to being offline due to maintenance or other unexpected disruptions. To the extent that Trajecient is able, Trajecient hereby undertakes to communicate such upcoming maintainence and disruptions where known and where Trajecient is providing such hosting services and platforms, as opposed to being hosted by others.
13. Use of Trajecient services and platforms is conditional to the agreement and acceptance that Trajecient services and platforms are not guaranteed to continue indefinitely and access by users of any given territory or the entire service of platform may be discontinued with or without notice. Access may cease due to factors without notice outside of Trajecient's control or awareness. Trajecient will endeavour to provide as much notice as possible, particularly when such discontinuation is a direct result of Trajecient's decision-making processes as opposed to be the direct consequence of factors or events or legal environments outside of Trajecient's control.
14. Without disclaiming liability, use of Trajecient services and platforms is, however, conditional on not holding Trajecient liable beyond Trajecient's capacity to meet such claims without changing the organisational structure of Trajecient, including the type of entity it is and the numerosity of those who comprise Trajecient. Instead, an agreement is made that the garnishing of earnings or other payments made over time is to be preferred over immediate payments. Further, use of this site is conditional on the acceptance and agreement that you will in good faith consider the acceptance, in part or in whole, of non-financial remedies, which may include but is not limited to discounts, free upgrades, getting free stuff, in-kind payments and private or public apologies.
Financial liability is agreed to be proportional to what is required to provide a fair remedy to the injured party or parties and not claims that are in excess of this, in the determination of relevant legal processes.
Applicability
15. Use of Trajecient services and platforms is subject to the agreement and acceptance that in the event of any ambiguity as to the Terms of Service and/or applicability of Australian or international law, such ambiguity shall neither justify nor excuse the bypassing of, or neglectful consideration of, these Terms of Service, be it through acting, or failing to act in any manner which departs from the spirit and intention of the Terms of Service. This includes but is not limited to positions regarding the definitions and/or scope of the concepts of 'public,' 'public interest,' 'publically accessible sources,' and 'non-commercial'.
16. In the event that a legal jurisdiction does not uphold any provision of the Trajecient Terms of Service as enforceable for any reason, then said provision shall be deemed severable and the remainder of the Trajecient Terms of Service shall stand without being deemed unenforceable, invalid or void as a consequence.
17. Trajecient expressly agrees that Trajecient does not and shall not limit any right for users and other such entities in a similar relationship with Trajecient to initiate class action proceedings against Trajecient, or any other such equivalent legal action, such as that of representative proceedings, involving a collective group of entities making a claim.
18. Trajecient expressly agrees that Trajecient does not and shall not unilaterally declare that any legal proceeding should occur in any specified jurisdiction. Instead, the choice of jurisdiction for any legal action should be based on what would maximise the capacity of all parties involved to participate fairly and equitably, with minimum cost and inconvenience, subject to applicable agreements about jurisdictional authority in relation to contract law and any other applicable laws.
19. Trajecient expressly agress that Trajecient does not and shall not disclaim responsibility for promises made as to the quality of Trajecient services and platforms. Use of Trajecient services and platforms is, however, conditional on the acceptance than opinions cannot be held to the same standard as a promise. Dissatisfaction that results from a difference of opinion, as opposed to not being fit for purpose or from taking a statement of opinion as a statement of fact, is not reasomable grounds for legal action. Further, in the absence of explicit promises made, the quality and reliability of Trajecient services and platforms is to follow that of applicable minimum standards for being fit for purpose.
Updates and Communication
20. The Trajecient Terms of Service are subject to change at any time, such as to address specific Trajecient services or platforms with provisions specific to them. All forthcoming major changes shall be announced on Trajecient's social media and on this website.
21. In case of disputes, Trajecient can be contacted via the Contact Form on this website.
Non-Agreement
22. If you do not agree to any provision not specific to a Trajecient service or platform enumerated in the Trajecient Terms of Service, you are to discontinue use of all Trajecient services and platforms, including usage by automated means if that is the means by which one or more Trajecient services or one or more Trajecient platforms is used by you and further, you must delete from all generative AI datasets and equivalent models all data from Trajecient services and platforms. A failure to remove such data shall constitute continued use and thus establishes a binding legal agreement to the Trajecient Terms of Service and enforcement of the provisions thereof.
23. If you disagree with one or more provisions specific to a Trajecient service or platform enumerated in the Trajecient Terms of Service, you are to discontinue use of the impacted services/platforms only, otherwise following the remainder of the above provision.