Terms and Conditions for Autorun Software

1. Introduction

Welcome to Autorun, a software-as-a-service (SaaS) product provided by Autorun Inc. ("Autorun," "we," "our," or "us"). Our software integrates with OpenAI's technology to enhance its functionalities. These Terms and Conditions ("Terms") govern your use of our software, Autorun ("Software"). By using the Software, you ("Customer," "you," or "your") agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not use the Software.

2. Definitions

  • Software: The internal management software product, Autorun, provided by Autorun Inc.
  • Customer: The individual or entity subscribing to or using the Software.
  • Subscription Plan: The plan selected by the Customer that defines the scope, pricing, and duration of the Software usage.
  • Authorized Users: Employees or agents of the Customer who are authorized to use the Software.
  • OpenAI Services: The artificial intelligence services provided by OpenAI and integrated into our Software to offer enhanced functionalities.

3. Subscription and License

3.1 Subscription

The Software is provided on a subscription basis. By subscribing, you gain access to the Software for the period defined in your Subscription Plan. Subscription Plans and their pricing are detailed on our website or in your order form.

3.2 License

Subject to these Terms, Autorun grants you a non-exclusive, non-transferable, limited license to access and use the Software during the subscription period.

3.3 OpenAI Services

Our Software incorporates functionalities provided by OpenAI, which include but are not limited to natural language processing and other AI-powered features. By using our Software, you acknowledge and agree that the use of OpenAI Services is subject to OpenAI's terms of use and privacy policy. You can review OpenAI's terms at OpenAI Terms of Use and OpenAI Privacy Policy. You agree not to use OpenAI Services to create, upload, or distribute content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

4. Customer Data

4.1 Data Ownership

You retain all rights, title, and interest in and to all data submitted by you or your Authorized Users ("Customer Data").

4.2 Data Security

We implement appropriate technical and organizational measures to protect Customer Data against unauthorized access, use, or disclosure.

4.3 Data Privacy

Our data privacy practices are described in our Privacy Policy, which is incorporated into these Terms by reference.

4.4 OpenAI Data Processing

When you use features powered by OpenAI, certain data may be shared with OpenAI to provide and improve these functionalities. This data is processed in accordance with our Privacy Policy and OpenAI’s privacy practices. You retain all rights to your Customer Data. We do not claim ownership of any data you provide to OpenAI through our Software.

4.5 Data Protection

We are committed to complying with the General Data Protection Regulation (GDPR) and ensuring the protection of your personal data. For detailed information on how we collect, use, and protect your data, please refer to our Privacy Policy.

4.6 Legal Basis for Processing

We process personal data based on one or more of the following legal bases:

  • Your consent.
  • The necessity to perform a contract with you.
  • Compliance with a legal obligation.
  • Our legitimate interests, provided that these interests do not override your rights and freedoms.

4.7 Your Rights Under GDPR

If you are located in the European Economic Area (EEA), you have the following rights regarding your personal data:

  • Right of Access: You have the right to request access to your personal data.
  • Right to Rectification: You have the right to request correction of inaccurate or incomplete personal data.
  • Right to Erasure: You have the right to request the deletion of your personal data.
  • Right to Restriction of Processing: You have the right to request restriction of processing of your personal data.
  • Right to Data Portability: You have the right to request the transfer of your personal data to another controller.
  • Right to Object: You have the right to object to the processing of your personal data.
  • Right to Withdraw Consent: If you have given consent to the processing of your personal data, you have the right to withdraw your consent at any time.

4.8 Exercising Your Rights

To exercise your rights, please contact us using the information provided in the Contact Us section. We will respond to your request within a reasonable timeframe and in accordance with applicable laws.

5. Fees and Payment

5.1 Subscription Fees

You agree to pay all fees specified in your Subscription Plan. Fees are non-refundable except as provided in these Terms or required by law.

5.2 Payment Terms

Fees are due and payable in accordance with the payment schedule specified in your Subscription Plan. Late payments may incur interest charges as outlined in the Subscription Plan.

5.3 Taxes

Fees do not include taxes, levies, duties, or similar governmental assessments of any nature. You are responsible for paying any applicable taxes.

6. Term and Termination

6.1 Term

These Terms commence on the date you accept them and continue until your subscription expires or is terminated.

6.2 Termination by Customer

You may terminate your subscription at any time by providing written notice to us. Termination will be effective at the end of the current billing period.

6.3 Termination by Autorun

We may suspend or terminate your access to the Software if you breach these Terms and fail to remedy the breach within 30 days after notice from us.

6.4 Effects of Termination

Upon termination, your right to access and use the Software will immediately cease, and we may delete your Customer Data after 30 days.

7. Warranties and Disclaimers

7.1 Limited Warranty

We warrant that the Software will perform materially in accordance with the documentation provided. Your exclusive remedy and our sole obligation for breach of this warranty is to use commercially reasonable efforts to correct the non-conformity.

7.2 Disclaimer

Except as expressly provided in these Terms, the Software is provided "as is" and we disclaim all other warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

7.3 OpenAI Services Disclaimer

While we integrate OpenAI’s technology into our Software, we do not make any warranties regarding the performance, reliability, or accuracy of OpenAI Services. OpenAI Services are provided "as is" without warranty of any kind. We disclaim all liability for any harm or damages arising out of or in connection with your use of OpenAI Services.

8. Limitation of Liability

8.1 General Limitation

To the maximum extent permitted by law, in no event shall Autorun be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Software, (ii) any unauthorized access to or use of our servers and/or any personal information stored therein, (iii) any interruption or cessation of transmission to or from the Software.

8.2 OpenAI Limitation of Liability

To the fullest extent permitted by law, Autorun Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of OpenAI Services, even if we have been advised of the possibility of such damages.

9. Indemnification

You agree to indemnify, defend, and hold harmless Autorun, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your use of the Software, your violation of these Terms, or your violation of any rights of another.

10. Modifications to the Terms

We may modify these Terms at any time by posting the revised terms on our website or providing you with notice. Your continued use of the Software after any such changes constitutes your acceptance of the new Terms.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in Delaware.

12. General Provisions

12.1 Entire Agreement

These Terms, along with any applicable Subscription Plan and Privacy Policy, constitute the entire agreement between you and Autorun regarding the Software and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

12.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

12.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

12.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms at any time without notice.

12.5 Third-Party Services

Our Software includes integrations with third-party services, including OpenAI. Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for the performance of these third-party services.

13. Contact Information

If you have any questions about these Terms, please contact us at:

Autorun Inc.
300 Delaware Ave. Suite 210 #291
Wilmington, DE 19801 US
Email: support@autorun.ai

By using the Software, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.