These terms are the agreement for using Amy. Please read them together with our Privacy Policy, which explains how we handle personal information.
1. The agreement
- Amy is operated by [To be supplied: the registered name of the company that operates Amy], registration number [To be supplied: the company's registration number], of [To be supplied: the company's physical address]. In these terms "we", "us" and "our" mean that company.
- By creating an account, or by using Amy through its app or its API, you agree to these terms.
- You must be 18 or older to create an account.
- If you use Amy for an organisation, you confirm that you have the authority to accept these terms for it. "You" then means that organisation as well as you.
2. What Amy is
Amy is an AI service. You give it work through the web app or the API, and it does that work with AI models and the tools and providers connected to it.
We may change Amy as we improve it. If we remove something you rely on, we will tell account holders by email or inside Amy before we do.
3. Your account
- Give us accurate details and keep them up to date.
- Keep your password and your API keys secret. You are responsible for what is done with them.
- Tell us at once if you think someone else has used your account or a key.
- An organisation's admins decide who belongs to it and what each member may do. An admin can export the organisation's information and delete the organisation.
4. Acceptable use
You must not use Amy to:
- break the law, or help someone else to;
- harm, harass, deceive or defraud anyone;
- process information that you have no right to process;
- send spam or other unsolicited bulk messages;
- get around a security control or a usage limit, probe Amy for weaknesses without our written permission, or disrupt Amy for others;
- reach another organisation's information;
- break the usage rules of an AI provider whose model your work runs on. Those rules apply to your use of that model through Amy.
5. Your content
- Your content is what you put through Amy and what Amy produces for you: instructions, messages, files and results. It stays yours.
- You give us permission to store it, process it and send it to the providers that do the work, for one purpose: to provide Amy to you.
- You are responsible for your content, and for having the right to put it through Amy.
6. AI providers
- Amy does its work by sending your content to AI providers. Which provider depends on the model the work runs on. A step that reads an image or a document, handles speech, makes an image, searches the web or searches memories can go to a different provider from the model's.
- Amy uses a key a member connected, a key your organisation connected, or a key we supply where we have agreed to supply one for your organisation.
- For work on the key we supply, section 6 of the Privacy Policy says what the provider's terms are.
- If you connect your own tool servers, or register a web address to be told about events, Amy sends them what section 6 of the Privacy Policy describes. They are your choice, and what they do with what they receive is between you and them.
- When work uses a provider key you connected, that provider is your choice, and your agreement with it governs what it does with the content of that work. It handles that content under its own terms, and we make no promise on its behalf about how long it keeps content or whether it uses content to improve its models. You are responsible for what that key costs you.
7. Personal information in your content
Where your content contains personal information, you are the responsible party under the Protection of Personal Information Act 4 of 2013 ("POPIA") and we are your operator. These terms are the written contract POPIA requires between a responsible party and its operator.
What we will do
- Process that personal information only with your knowledge and authorisation. That means only to provide Amy to you, as these terms, your settings and your instructions direct.
- Treat it as confidential. We will not disclose it unless the law requires us to, or providing Amy to you requires it.
- Secure its integrity and confidentiality by taking appropriate, reasonable technical and organisational measures to prevent loss of it, damage to it or unauthorised destruction of it, and unlawful access to it or processing of it.
- To do that: identify the reasonably foreseeable risks to it, inside and outside our company; establish and maintain safeguards against those risks; regularly check that the safeguards work; and update them when a new risk or a weakness appears. Section 9 of the Privacy Policy describes the safeguards.
- Notify you immediately if there are reasonable grounds to believe that it has been accessed or acquired by someone not authorised to.
- Delete it when you delete a file, erase an end user or delete your organisation. Section 8 of the Privacy Policy says what each of those removes, what it leaves, where an erasure stops, and how long a backup keeps what was deleted.
What you agree to
- You have a lawful ground under POPIA for all the personal information you put through Amy, and you have told the people it is about what POPIA requires you to tell them.
- You authorise us to use the operators named in section 6 of the Privacy Policy to provide Amy, and to transfer your content to the countries named there. We keep that list up to date, and we will tell account holders by email or inside Amy before we add an operator or a country to it.
- You answer requests from the people your content is about. Amy gives you these means: an export of your organisation's information, erasure of one end user's content, and deletion of your organisation. Sections 8 and 10 of the Privacy Policy say what each covers and what it does not. If one of those people writes to us, we will send them to you.
- An end-user reference that you attach to your content must not name or directly identify a person. Use an identifier that means nothing outside your own systems. Erasure works by that reference: content you store without one cannot be erased for one person. Use letters, digits, hyphens and underscores, and 100 characters or fewer. The older API route for an erasure, which takes the reference in the web address, cannot erase by a reference that holds a "/", a "%", a space or a character other than plain letters, digits and punctuation, or that is "." or "..". For a reference that holds a "?" or a "#", that route works only if the client encodes the character in the web address. A client can cut off a "#" and what follows it, and a "?" at the end, before it sends the request, and that route can then erase what is stored under the part of the reference before that character. For such a reference, erase in the Amy console, or send the reference in the body of the request. Erase when that end user has no run executing, or repeat the erasure once the run, and any background task it started, has finished. Section 8 of the Privacy Policy lists the limits of an erasure.
8. Special personal information and children
Under POPIA, special personal information is information about a person's religious or philosophical beliefs, race or ethnic origin, trade-union membership, political persuasion, health or sex life, or biometric information, and information about a person's criminal behaviour: an alleged offence, or the proceedings about one.
- You may put special personal information, or a child's personal information, through Amy only if you have the legal ground POPIA requires for it: the consent of the person, or the prior consent of a competent person for a child, or another ground POPIA allows.
- We process it only on your instruction, as your operator.
- What you put through Amy is stored and processed by the operators named in section 6 of the Privacy Policy, in the countries named there, and is sent to the AI providers and tools a run uses. That includes any special personal information and any child's personal information in your content.
- You are responsible for having a ground under section 72 of POPIA for the transfer of that information outside South Africa.
- Section 57 of POPIA requires a responsible party to get the Information Regulator's prior authorisation before it transfers special personal information, or a child's personal information, to a country that does not protect personal information adequately. If your use of Amy needs that authorisation, getting it is your responsibility, and you must have it before you put that information through Amy. We do not apply for it on your behalf, and we give no assurance that any country in that list protects personal information adequately.
9. Amy's output is not advice
- Amy's output is produced by AI models. It can be wrong, incomplete or out of date. Check it before you rely on it.
- It is not medical, legal, financial or other professional advice, and it is not a diagnosis. It does not replace a qualified professional.
- You must not use Amy's output as the only basis for a decision that has a legal or similarly serious effect on a person.
10. Payment and cancellation
Paid plans are not on sale yet. This section applies from the day they are.
- The price of a plan, and how often it is billed, are shown before you buy.
- A paid plan is paid for in advance, one billing period at a time, and renews for the next period until it is cancelled.
- Payment is taken by our payment provider, on its own page. Amy does not ask for your card or bank details and does not store them.
- You can cancel at any time. The plan keeps running until the end of the period you have paid for, and then ends.
- We do not refund a part of a period.
- If we change a price, we will tell you at least 30 days before, and the new price applies from your next billing period.
- Nothing in this section takes away a right that the law gives you and does not allow us to exclude.
11. Ending or suspending your use
- You can stop using Amy at any time. You can delete your account, within the limits the Privacy Policy names in sections 8 and 10, and an admin can delete an organisation. Deletion starts at once, has no waiting period and cannot be undone. A deletion that fails partway can leave the account or the organisation in place: if that happens, write to us.
- We may suspend or end your access if you break these terms, if your use puts Amy or other people at risk, or if the law requires it. We will tell you why, unless the law stops us.
- When your use ends, the Privacy Policy says what is deleted and what is kept, and for how long.
12. What we are responsible for
This section limits what you can claim from us. Please read it carefully.
- We provide Amy as it is. To the extent the law allows, we give no warranty that Amy will always be available, free of faults, or fit for a particular purpose.
- To the extent the law allows, we are not liable for indirect or consequential loss, for loss of profit or of data, or for loss that comes from relying on Amy's output.
- To the extent the law allows, our total liability to you is limited to the amount you paid us for Amy in the 12 months before the claim arose.
- If someone brings a claim against us because of your content, or because you broke these terms, you will cover our reasonable loss and costs from that claim.
- Nothing in these terms limits or excludes liability that the law does not allow us to limit or exclude, including liability for gross negligence or deliberate wrongdoing.
13. Changes to these terms
We may change these terms. We publish the new version here and change the date at the top. For a change that matters to you, we will tell account holders by email or inside Amy at least 30 days before it takes effect. If you keep using Amy after that date, you accept the change. If you do not accept it, stop using Amy and delete your account before that date.
14. Governing law
- The law of South Africa governs these terms.
- The courts of South Africa have jurisdiction over a dispute about them.
- If part of these terms is found to be unenforceable, the rest still applies.
- Please write to us first, so that we can try to settle a dispute without a court.
15. Contact
- General questions: [To be supplied: our general contact email address].
- Requests about personal information: [To be supplied: the email address for data requests].
- Post: [To be supplied: the company's physical address].