Terms of Use

2. The nature of the Output, and your responsibility for decisions

2.1 The platform's audiences are computational models. They are not surveys of human respondents. No natural person answers any question put to the platform. Nothing the platform returns is a statement of fact about what any real person thinks, believes or would do.

2.2 The Output is directional decision support: a recommendation and an input to your judgement. We do not warrant that the Output will predict, correlate with, or reproduce actual market, consumer or sales outcomes.

2.3 You decide, and you are responsible for what you decide. You are solely responsible for evaluating the Output, for determining whether and how to act on it, and for the consequences of doing so. You should not treat the Output as the sole basis for any material commercial, financial, legal, regulatory or creative decision, and you should apply your own expertise, judgement and verification before acting.

2.4 Outcomes depend on factors neither of us controls. Whether a product, campaign, package or message succeeds depends on pricing, distribution, retail execution, timing, competitor behaviour, media performance, economic conditions, regulatory change, public sentiment and chance. These sit outside our control and outside yours. We are not responsible for the outcome of any decision you make, whether or not it was informed by the Output.

2.5 Where the platform performs a back-test against historical results, that is a calibration exercise. It is not a representation or warranty as to future accuracy.

2.6 The Output is not legal, financial, medical, regulatory or other professional advice, and must not be relied on as such.

3. Your account

3.1 You must provide accurate registration information and keep your credentials secure. You are responsible for all activity under your account.

3.2 You must be at least 18 and using the platform for business purposes. The platform is not intended for consumers or for personal use.

3.3 You are responsible for the acts and omissions of anyone you permit to use your account.

4. Your content

4.1 You keep ownership of everything you upload ("Your Content"). You grant us a non-exclusive licence to host, process and analyse it for the purpose of providing the platform and generating Output for you.

4.2 You warrant that you hold the rights necessary to provide Your Content to us, including any third-party rights in imagery, copy, creative or data.

4.3 Do not upload personal data. The platform is not designed to process it and we ask you not to provide it. If you do, you are responsible for having a lawful basis. If we become aware we have received personal data, we will notify you, stop using it, delete it from our systems within ten business days, and request deletion from any provider holding a copy.

4.4 Do not upload anything unlawful, infringing, malicious, or that you are contractually barred from disclosing.

4.5 Your Content is never used to train AI models, is never shared with advertising platforms or data brokers, and is never disclosed to another Gutsy customer. See our Platform Infrastructure & Data Security Overview for how it is stored, where, and for how long.

4.6 Personal data about you as a user of the platform, as distinct from Your Content, is handled as set out in our Privacy Policy.

5. Output and how you may use it

5.1 Subject to payment of any applicable fees, the Output is yours. You may use, reproduce, adapt and distribute it for your business purposes, including under your own branding and without attribution to us.

5.2 You may not resell the Output as a standalone data product, or use it to build or train a service that competes with the platform.

5.3 Published links are public. If you publish a report to a shareable link, anyone holding that link can open it. It is not protected by an account login. Do not publish material you would not want circulating. You can make a shared chat private again yourself at any time; we delete published reports and shared study links on request.

6. The platform itself

6.1 We own the platform, including its models, prompts, audience and persona definitions, scoring methodology, perception layers and sub-factors, and benchmark data. Nothing here transfers any of it to you, except that where we create prompts or audience configurations specifically for you, you receive a perpetual, irrevocable, royalty-free licence to use them for your own business purposes. That licence does not extend to the underlying methodology or to any audience definition of general application.

6.2 You may not reverse engineer the platform, scrape it, circumvent its access controls, use it to build a competing service, or use automated means to extract its methodology or benchmarks.

6.3 You may not use the platform to generate unlawful, deceptive, defamatory or infringing material, or to impersonate any real person or organisation.

7. Availability

7.1 We aim to keep the platform available but do not guarantee uninterrupted access. We may modify, suspend or discontinue features, and we may perform maintenance.

7.2 We may suspend your access if you breach these terms, if your use threatens the platform's security or integrity, or if required by law.

8. Warranties and disclaimers

8.1 We warrant that we will provide the platform with reasonable skill and care.

8.2 Except as expressly stated in these terms, and subject to section 2, the platform and the Output are provided "as is". To the fullest extent permitted by law we exclude all other warranties, conditions and terms, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement.

8.3 Nothing in these terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

9. Limitation of liability

9.1 Subject to section 8.3, we are not liable for any indirect or consequential loss, or for loss of profit, revenue, goodwill, business opportunity, anticipated savings, or loss arising from any commercial decision you take, however arising.

9.2 Subject to section 8.3, our total aggregate liability arising out of or in connection with these terms and your use of the platform is limited to the greater of (a) the fees you paid to us in the twelve months preceding the event giving rise to the claim, and (b) one hundred Canadian dollars (CAD 100).

9.3 You acknowledge that the limitations in this section are a reasonable allocation of risk, that they reflect the nature of the Output as described in section 2, and that the fees charged are set on that basis.

10. Your indemnity

You will defend and indemnify us against any third-party claim arising from Your Content, from your use of the platform in breach of these terms, or from any decision you take in reliance on the Output.

11. Confidentiality

Each of us will keep the other's non-public information confidential and use it only as these terms permit.

12. Term and termination

12.1 These terms apply for as long as you use the platform.

12.2 You may stop using the platform at any time, cancel any subscription through the billing portal, and ask us to close your account.

12.3 We may terminate or suspend your access on notice if you breach these terms.

12.4 On termination we will delete Your Content in accordance with our Platform Infrastructure & Data Security Overview. Sections 2, 4.2, 4.5, 5, 6, 8, 9, 10, 11 and 14 survive.

13. Changes to these terms

We may update these terms. If a change is material we will notify you, and continued use after the change takes effect means you accept it. If you do not accept it, stop using the platform.

14. General

14.1 These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it, and the courts of that Province have exclusive jurisdiction. The UN Convention on Contracts for the International Sale of Goods does not apply.

14.2 Either of us may assign these terms to a successor in a merger, acquisition or sale of substantially all of our assets, on notice to the other. Neither of us may otherwise assign them without the other's consent.

14.3 If any provision is unenforceable, the rest continues in force.

14.4 These terms are the entire agreement on their subject matter between us and any user who has no Master Services Agreement with us. Where a Master Services Agreement and Order Form are in place, those documents are the entire agreement between the parties to them and prevail over these terms in full.

14.5 Our failure to enforce a provision is not a waiver of it.

Contact: help@gutsy.so