Terms of use

The SellMeThisPen Software, Inc. (together with its affiliates and subsidiaries, "we", "us", "our" and terms of similar meaning) provides this Website (this site and any software provided by the Company for use with the site, the "Site") to you subject to these terms of use (these "Terms"). In these terms we describe users ("Users") of the Site as both registered and unregistered users.

Please read these Terms carefully before using the Site. By accessing, using or browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site and may choose to exit the Website.

The Company reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any. If you do not agree with the changes, you can cancel your account with us without further obligation.

The services we provide through the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else.

If you register for an account on the Site, you agree to
(a) provide accurate, current and complete information as may be prompted by any registration forms on the Site ("Registration Data");
(b) maintain the security of your password;
(c) maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete;
(d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site. You are responsible for all activity on your Site account.

At present we do not charge any fees or other charges for the use of the Site. In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called "Content". Content provided by Users is called "User Content". User Content is that User's property. The Company’s only right to that User Content is the limited licenses to it granted in these Terms.

Other than the User Content, the Site, all Content and all software available on the Site or used to create and operate the Site is the property of the Company or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information (by trade name, trademark, manufacturer, supplier or otherwise) does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.

Your User Content is your responsibility. We have no responsibility or liability for it, including any loss or damage it may cause to other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Site, and we may do this at any time and for any reason.

The Company grants you a limited, revocable, non-exclusive, non-sub-licensable license to access the Site and to view, copy and print the portions of the Content available to you on the Site.

Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Agreement and your account with us.

You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. The Company does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites.

While the Company attempts to make your access to and use of the Site safe, the Company does not represent or warrant that the Site or any Content are free of viruses or other harmful components.

You shall defend, indemnify and hold harmless Company and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and from the use of the Site by any person to whom you give access to your account, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party.

The Site is controlled by the Company and operated by it from its offices in ON, Canada. You and the Company both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and the Company explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Company may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of the Company, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and the Company regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and the Company regarding your use of the Site.

Privacy policy

This Privacy Policy is applicable to SellMeThisPen Software Inc. ("Company") and sets out our policy on the gathering and use of information on this site and our other sites (collectively "Sites"). The Company is committed to providing safe websites for visitors of all ages and has implemented this Privacy Policy to demonstrate our firm commitment to your privacy. The Company complies with Canadian Federal and Provincial privacy laws and regulations including the Personal Information and Electronic Documents Act.

There may be links from our Sites to other websites; note that this Privacy Policy applies only to our Sites and not to web sites of other companies or organizations to which our Sites may be linked. You must check on any linked sites for the privacy policy that applies to that site and/or make any necessary inquiries in respect of that privacy policy with the operator of the linked site. These links to third party websites are provided as a convenience and are for informational purposes only. The Company does not endorse, and is not responsible for, these linked websites.

Although you are not required to register to access our Sites, you may be asked to provide us with personal information when you visit certain sections of our Sites. Your use of our Sites signifies your acknowledgement and consent to our Privacy Policy. If you do not agree to this Privacy Policy, please do not continue to use our Sites. Your continued use of the Sites signifies your acceptance of these terms and any changes in effect at the time of use.

PERSONAL INFORMATION
The following are examples of the sorts of personal information or personal data we may collect about your name, your contact details, including your email address and any other personal information requested by us and supplied by you or a third party. Your information details, including your email address, name, and other items, are available in your google account.

COLLECTION OF PERSONAL INFORMATION
Personal Information is information about you that identifies you as an individual, for example, your name, address, e-mail address, or telephone number.We collect information that you voluntarily provide to us through responses to surveys, search functions, questionnaires, feedback, Tell Your Story forms and the like. On some of our Sites, we offer health assessment tools that ask you to provide self-assessment information. We may also ask you to provide additional information such as your e-mail address if you want to obtain additional services, information, participate in a contest or to resolve complaints or concerns.

USAGE DATA
In addition, we will automatically gather information on how the Service is accessed and utilized. This Usage Data may include information such as the Internet Protocol address of your computer (also known as an IP address), the browser type, the browser version, the pages of our Service that you view, the time and date of your visit, the amount of time spent on those pages, unique device identifiers, and other diagnostic data.

USE OF DATA
Our company uses the collected data in the following ways:
- To provide and maintain our Service.
- To notify you about changes to our Service.
- To improve the website and service, we conduct an analysis of valuable information.
- To provide you with the opportunity, you should desire to participate in our service’s interactive aspects.
- To provide customer support.
- To conduct research to get helpful information to enhance our service.
- To monitor the usage of our Service.To detect, prevent and address technical issues.

TRANSFER OF DATA
In transferring your information, including Personal Data, to a different country, province or state, the law governing data protection might differ from that in your state, province or country.
Please be aware that we transfer and process data, including Personal Data, to Canada if you are located outside of Canada.

SECURITY OF DATA
We place a high priority on the safety of your information. Still, please keep in mind that no method of data transfer over the internet or technique of computer storage can be guaranteed to be fully secure, even though we make every effort to secure your personal information using methods considered appropriate in the business sector.

YOUR DATA PROTECTION RIGHTS UNDER GDPR RULES
If you are a resident of the European Union and your personal information is subject to the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), you have the following extra rights:We will work with you to make necessary changes to your Personal Data or to remove or restrict our use of it whenever possible.To request access to or delete your personal information stored with us, don’t hesitate to contact us at [email protected]. You have the following rights concerning the protection of your personal information:
- You have the right to see, correct, or remove your personal data from our records.
- The right to rectify inaccurate or incomplete information applies to you.
- You can raise an objection to how we process your Personal Data.
- You can request that we place a restriction on how your personal information is processed.
- The right to receive any personal information you provide in an organized, widely used, and easily readable format by machines, as well as the right to transmit any personal information you provide to another controller without interference from us.

ANALYTICS
Monitoring and analyzing our Service may be done by third-party Service Providers.One of the third-party services we use is Google Analytics, a web analytics tool provided by Google that monitors and reports on the traffic encountered on websites.Google tracks and monitors how our Service is used by its users using the data that it collects and stores. This information is shared with the other services provided by Google. Google may utilize the acquired data to contextualize and customize the advertisements that appear throughout its advertising network. Please visit this page on Google’s website to learn more about the company’s policies on users’ privacy.

HOW DOES COMPANY USE INFORMATION GATHERED ABOUT ONLINE VISITORS?
Before forwarding us any personal information, please be advised that any information gathered on our Sites may be used in the aggregate for research and development relating to our Sites and/or for future site development and, if you ask us to, to send you promotional materials. In particular, we may use information gathered about you for the following purposes: to monitor interest in our range of products and to assist us to tailor the content of our Sites to your needs by collecting information about your preferences through tracking of patterns page views on our Sites; to create a profile relating to you in order to show you the content that might be of interest to you and to display the content according to your preferences; and, in circumstances where you have indicated that you wish to receive additional information, to send you information about us and promotional material about our products together with details of any offers we may have available from time to time.

PROMOTIONAL AND INFORMATIONAL OFFERS
With the permission of an online visitor, information submitted at the time of registration or submission may be used for marketing and promotional purposes by the Company provided notice of this fact is made available online. If a visitor objects to such use for any reason, he/she may prevent that use, either by e-mail request or by modifying the registration information provided. The Company uses reasonable efforts to maintain visitors' information in a secure environment. If you have submitted personal information and want to change it or opt-out, please contact us as described below.

DISCLOSURE OF INFORMATION
The Company will not disclose personal information that you provide on its Sites to any third parties other than to a Company agent except: i) in accordance with the terms of this Privacy Policy, or ii) to comply with legal requirements such as a law, regulation, warrant, subpoena or court order, and/or iii) if you are reporting an adverse event/side effect, in which case the Company may be required to disclose such information to bodies such as, but not limited to, Canadian and/or international regulatory authorities. Please note that any of these disclosures may involve the storage or processing of personal information outside of Canada and may therefore be subject to different privacy laws than those applicable in Canada, including laws that require the disclosure of personal information to governmental authorities under circumstances that are different than those that apply in Canada.

COOKIES
The Company, in common with many web site operators, may use standard technology called "cookies" on its Sites. Cookies are small data files that are downloaded onto your computer when you visit a particular web site. You can disable cookies by turning them off in your browser; however, some areas of the Sites may not function properly if you do so.

PROTECTION OF CHILDREN ONLINE
The Company considers the protection of children's privacy, especially online, to be of the utmost importance. We do not knowingly collect or solicit personal information from children nor do we allow them to become registered users of, or to request information through, our Sites or help-seeking information lines.

ADDITIONAL TERMS FOR CERTAIN WEBSITES
The following additional information applies to our Sites that require registration. Generally, you are not required to provide personal information as a condition of using our Sites, except as may be necessary to provide you with a product or service that you have requested. However, some of our Sites are restricted to certain individuals such as health care professionals or our prescription drug patients and we may require these individuals to register upon entry by providing us with certain information.

PROTECTION OF INFORMATION
Our Commitment to Security:We have put in place physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. The Company applies security safeguards appropriate to the sensitivity of the information, such as retaining information in secure facilities and making personal information accessible only to authorized employees on a need-to-know basis.Storage of Information:Personal information you share with us is stored on our database servers at Company data centers (in whatever country they may be located), or hosted by third parties who have entered into agreements with us that require them to observe our Privacy Policy.

CCPA AND CPRA
If You reside in California, you may have additional rights under California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). Similar rights may also be relevant if you reside in other U.S countries such as Virginia, Texas, and Colorado), Below is a list of such rights:

Right to know
You have the right to receive the following information:
– What types and categories of Personal Data We collected;
– What are the types of sources of the Personal Data collected;
– To what end We collect the Personal Data;
– Types of third parties with whom We share Personal Data, if any; and
– The specific pieces of Personal Data We have collected about you.

Right of Erasure
You may ask Us to delete your Personal Data and direct Our service providers to do so.Please note that We may not delete your Personal Data if it is necessary to complete Our legal obligation to you to provide the Services or otherwise protect Our legal rights, comply with an existing legal obligation; or use your Personal Data, internally, in a lawful manner that is compatible with the context in which you provided the information.

Right to correct or update Personal Data
You have the right to ask Us to correct any Personal Data about You that is not correct.Please note that We may ask for proof or an official document that states that the Personal Data is not correct.

Right to Opt-Out from Data Sharing
You have the right to opt-out from personal data about You being shared with a third party.

Automated decision making
You have the right to opt-out from Personal Data about You being used for Automated decision making.

Right to Non-Discrimination for the exercise of your privacy rights
You have the right to not be discriminated against by Us because you exercised any of your rights.

Right to designate an authorized agent to submit CCPA requests on your behalf
You may designate an authorized agent to make a request. To do so, you need to provide the authorized agent written permission to do so and the agent will need to submit to Us proof that such agent has been authorized by you. We will also require that you verify your own identity, as explained below.

In order to exercise your rights, please contact us using the following details: [email protected].
Please note that We may need to receive Personal Data from you in order to verify your identity prior to allowing you to exercise your rights.

POLICY CHANGE
If we alter our Privacy Policy, any changes will be posted on this page of our Site so that you are always informed of the information we collect about you, how we use it and the circumstances under which we may disclose it.

ACCEPTANCE OF OUR PRIVACY POLICY
By using this Site or any other The Company Site or interactive banner ads, you signify your acceptance of our Privacy Policy, and you adhere to the terms and conditions posted on the Site. By submitting your information, you agree that it will be governed by our Privacy Policy.

CONTACT US
If you have any questions about this Privacy Policy, please get in touch with us by email at [email protected].

AI Product Terms

These terms apply to your use of SellMeThisPen AI modules (AI Products). All SellMeThisPen users must comply with SellMeThisPen's AI product terms. These terms place certain restrictions on the content you can generate within SellMeThisPen and how you use SellMeThisPen.SellMeThisPen reserves the right to determine whether content violates this Policy at its sole discretion. We reserve the right to update these terms from time to time.
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Be a good human
‍Please be a good human when using AI Products and don’t use them to create any harmful content. We will not allow any use of AI Products that violates these terms, and we may suspend or terminate your account if we find that you are using it in this way.
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Anti-discrimination
‍SellMeThisPen does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.
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General Use
‍You agree not to upload or generate content, or use SellMeThisPen, directly or indirectly, in any manner that:
- Promotes or creates a risk of physical or mental harm, emotional distress, death, disability, or disfigurement to yourself, any person, or animal;
- Promotes or creates a risk of harm, loss, or damage to any property;
- Seeks to harm or exploit children;Is harassing, abusive, racially or ethnically offensive, defamatory, invasive of personal privacy or publicity rights, libellous, or threatening;
- Discriminates, incites, or promotes discrimination against others based on race, religion, sex, sexual orientation, age, disability, ancestry, national origin, or any other basis;Is sexually explicit or pornographic in nature or contains links to such material;
- Involves the sale or promotion of illegal activities, products, or services;Is fraudulent or promotes fraudulent activity;
- Violates the rights of any individual or third party, including their intellectual property and data privacy rights;
- Contains any information or content that you do not have a right to make available under any law or due to confidentiality, contractual, or fiduciary duties;
- Contains any information or disinformation that is false, deceptive, or misleading or otherwise promotes, endorses, encourages, or facilitates the spread of false information;
- Violates any applicable law or promotes activities that are illegal in nature;
- Threatens or undermines democratic processes or institutions.

In addition, it is prohibited to use AI Products to:
- Mislead anyone that the content generated by AI Products is human-generated;
- Provide medical advice or any content regarding the treatment, prevention, diagnosis or transmission of diseases;
- Provide legal or financial advice;
- Generate political content including for dissemination in electoral campaigns;
- Generate source code;
- Generate spam, ransomware, keyloggers, viruses or other software;
- Generate or disseminate information to be used for the administration of justice or other legal purposes;
- Implement fully-automated decision making.

Legal notice
‍You are responsible for any text you type in to AI Products (Input) as well as the resulting material you generate (Output). You are responsible for ensuring that your Input and Output complies with these terms before using or sharing it. You agree that you will not include any sensitive personal data (including data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, health data or data concerning your sex life or sexual orientation) in any Input to AI Products.As between you and SellMeThisPen, to the extent permitted by law and subject to the terms of the agreement that governs your use of SellMeThisPen, you own your Input and Output and instruct and give SellMeThisPen the right to host and use your Input and Output on our platform. SellMeThisPen will not make any copyright ownership claim over your Input or Output.
You may use your Output for any legal purpose, provided that you comply with these terms and that you accept that any such use is at your own risk.In the event that any of your Input or Output is alleged to be unlawful or otherwise in breach of these terms, you acknowledge that SellMeThisPen may disclose such content to law enforcement or other governmental authorities, or in response to a court order.
SellMeThisPen may impose limits on the number of Outputs you can create with AI Products. You will be notified when you have reached the maximum number of Outputs for your account.
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Sharing & publication policy
Social media, livestreaming and demonstrations
‍Posting your own prompts and content to social media is generally permissible, as is live-streaming or demonstrating AI Products to others, as long as you:
- Manually review each Output before sharing or while streaming;
- Attribute the content to your name or your company;Indicate that the content is AI-generated in a way no user could reasonably miss or misunderstand;
- Do not share content that violates these terms, or that may offend others (including when you are taking audience requests for prompts).
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Disclaimer
‍The Output of AI Products is generated by artificial intelligence. SellMeThisPen has not verified the accuracy of the Output and it does not represent SellMeThisPen's views.
SellMeThisPen makes no warranty or guarantee as to the accuracy, completeness or reliability of the Output and does not accept any liability or responsibility arising in any way from your use of the Output or any omissions or errors contained in the Output. We recommend that you obtain professional and independent advice before you act on any advice contained in the Output, or rely on the accuracy of the Output.

‍Technology partners
‍SellMeThisPen uses technology provided by third party service providers to provide some of our AI Products. You acknowledge that any Input you provide, including any personal data you choose to include within that Input, will be shared with third party service providers we engage to enable functionality within the Service. By using the AI Products, you direct and consent to personal data you include in an Input being transferred to third parties, including OpenAI, LLC. in the United States, which depending on where you reside, may not provide the same level of protection for your personal data.
Subject to your Privacy Settings, we may also share your data with select third party service providers we engage to enable functionality within the Service and they may also use your data to improve their services.

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For more information, feel free to reach out to us at [email protected].