Terms of Service

The Gist

We at Fat Tailed Solutions are on a mission to make data science and AI accessible to businesses and consumers. We hope you love our services — from AI models to consulting solutions — as much as we love creating them.

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don’t agree to these Terms, don’t use our services.

If you are a user in countries located in the European Economic Area, Switzerland, or the United Kingdom (“European User”), some special terms apply to you as mentioned below.

Who’s Who

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, and that by using our Services, you’re accepting the Agreement on behalf of that person or entity. If you or that person or entity violates the Agreement, both you and that person or entity agree to be responsible to us.

Depending on where you reside and which Services you use, your agreement is with either Fat Tailed Solutions LLC or another related entity, as we may designate. We refer to these entities collectively as “Fat Tailed Solutions,” “us,” or “we” throughout these Terms.

Binding Agreement

This is a binding contract ("Terms") between you and Fat Tailed Solutions LLC ("we," "us," "our," "Fat Tailed Solutions"). These Terms apply whenever you use any of the sites, apps, products, or services ("Services") we offer, in existence now or created in the future. By accessing or using the Services, you agree to be bound by these Terms. If you use our services on behalf of an organization, you agree to these terms on behalf of that organization. If you do not agree to these Terms, you may not use the Services.

Privacy

See our Privacy Policy for details on how we collect, store, and share user information.

Age Restrictions

The Services are not intended for users who are under the age of 13. In order to create an account for the Services, you must be 13 years of age or older. By registering, you represent and warrant that you are 13 years of age or older. If children between the ages of 13 and 18 wish to use the Services, they must be registered by their parent or guardian.

Your Account

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy) or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.

You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.

Your Content and Permissions

Fat Tailed Solutions allows you to share various types of content, including files, documents, code, and text ("Your Content"). Your Content is yours. Fat Tailed Solutions does not claim any right, title, or interest in Your Content.

You grant us a non-exclusive, worldwide, royalty-free license to do the things we need to do to provide the Services, including but not limited to storing, displaying, reproducing, and distributing Your Content. This license extends to trusted third parties we work with.

Content Guidelines

You are fully responsible for Your Content. You may not copy, upload, download, or share Your Content unless you have the appropriate rights to do so. It is your responsibility to ensure that Your Content abides by applicable laws, these Terms, and with our User Guidelines. We do not actively review Your Content.

Account Security

You are responsible for safeguarding your password to the Services, making sure that others don't have access to it, and keeping your account information current. You must immediately notify Fat Tailed Solutions of any unauthorized uses of your account or any other breaches of security. Fat Tailed Solutions will not be liable for your acts or omissions, including any damages of any kind incurred as a result of your acts or omissions.

Changes to these Terms

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know, for example, by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Fat Tailed Solutions within the designated notice period. Your continued use of Fat Tailed Solutions will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.

DMCA Policy

We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that the content of a Fat Tailed Solutions account infringes your copyrights, you can notify us using our contact form. We have a policy of terminating the accounts of users deemed to be repeat infringers, in accordance with our policies. We encourage users to file a counter-notification in cases where the claim of infringement is fraudulent or invalid.

Our Intellectual Property

The Services and all materials contained therein, including, without limitation, Fat Tailed Solutions logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Fat Tailed Solutions Materials") are the property of Fat Tailed Solutions or its licensors or users and are protected by U.S. and international intellectual property laws. You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use Fat Tailed Solutions Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Services.

Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Fat Tailed Solutions or third-party trademarks.

Ownership of Information, Materials, and Software

You expressly acknowledge and agree that the services provided by Fat Tailed Solutions contain information, text, software, photos, video, graphics, music, sounds, and other material ("Materials") that are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights ("Intellectual Property Rights"). These Intellectual Property Rights are valid and protected in all forms, media, and technologies existing now or developed later. All rights, title, and interest in and to these Materials, including but not limited to all Intellectual Property Rights, belong solely and exclusively to the owners and creators of Fat Tailed Solutions.

Use of Information and Materials

The license granted herein is non-exclusive, personal to you, and non-transferable.

• Except as expressly permitted by this Agreement, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer, or redistribute any Materials in any form, format, or media or by means of any technology without obtaining prior written authorization from the owners and creators of Fat Tailed Solutions and any other owner of the Intellectual Property Rights in such Materials.
• You may, on an occasional and irregular basis, include insubstantial portions of Materials from the website in memoranda, reports, and presentations, provided that such use constitutes "fair use" under applicable copyright and intellectual property law and includes all copyright and trademark notices.
• If you reproduce Materials from the services, you must preserve any copyright, trademark, or other notices contained in or associated with them.
• All copyrights and copyrightable materials which are a part of Fat Tailed Solutions, including logos, designs, text, graphics, pictures, and other files, are COPYRIGHT © 2024 Fat Tailed Solutions. ALL RIGHTS RESERVED.

General Representation and Warranty

You represent and warrant that your use of our Services:

• Will be in strict accordance with the Agreement;
• Will comply with all applicable laws and regulations;
• Will not infringe or misappropriate the intellectual property rights of Fat Tailed Solutions or any third party;
• Will not overburden or interfere with our systems;
• Will not be used to send spam or bulk unsolicited messages;
• Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services;
• Will not involve renting, leasing, loaning, selling, or reselling the Services without our consent.

Termination

You are free to stop using the Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you fail to comply with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services, or disrupt others' use of the Services.

Prohibited Uses

You agree NOT to use the Fat Tailed Solutions services for any of the following purposes or activities:

• The creation, transmission, or posting of any content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, harassing, or otherwise offensive.
• Interference with or disruption to the services or network, including unauthorized access attempts.
• The transmission or upload of any material containing viruses, worms, or other harmful programs.
• Involvement in any activities such as spamming, phishing, or impersonation.
• Infringing on the intellectual property rights of others.
• Engaging in any activity that violates applicable laws or regulations.

Responsibility of Visitors and Users

We haven’t reviewed, and can’t review, all of the content posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites.

• We don’t have any control over third-party websites.
• A link to or from one of our Services does not represent or imply that we endorse any third-party website.
• You’re fully responsible for the Content available on your website, and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.
• We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites.

Disclaimer of Warranties

Fat Tailed Solutions makes no warranties of any kind with respect to your use of the Services.

Limitation of Liability

In no event will Fat Tailed Solutions, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability, or other legal or equitable theory for:

• Any special, indirect, incidental, consequential, or exemplary damages;
• The cost of procurement for substitute products or services;
• Interruption of use or loss or corruption of data;
• Any amounts that exceed the greater of $50 or the fees paid by you to Fat Tailed Solutions under the Agreement during the twelve (12) month period prior to the cause of action;
• Any amounts that exceed $5.23 for any other claims arising out of or relating to these Terms or your use of Fat Tailed Solutions's services.

Fat Tailed Solutions shall have no liability for any failure or delay due to matters beyond its reasonable control.

Fees, Payment, and Renewal

Some of our Services are offered for a fee. By using a Paid Service or selecting an upgrade, you agree to pay the specified subscription fees. Payments will be charged on a pre-pay basis and cover the use of the service for the applicable subscription period. Depending on the Paid Service, there may be different kinds of fees, such as one-time, recurring, or revenue-based fees.

Your subscription begins on your purchase date, and we’ll bill or charge you in the automatically-renewing interval you select, on a pre-pay basis until you cancel. Unless you notify Fat Tailed Solutions before the end of the applicable subscription period that you wish to cancel, your subscription will automatically renew. You authorize us to collect the then-applicable subscription fee and taxes using any payment method we have on record for you.

You must provide accurate and up-to-date payment information. If your payment fails or Paid Services are not paid for on time, we may cancel or revoke your access to Paid Services without notice. Fat Tailed Solutions does not provide refunds for paid services except as required by law or explicitly stated in the subscription terms.

Indemnification

You agree to indemnify and hold harmless Fat Tailed Solutions, its contractors, licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, any agreement with a provider of third-party services used in connection with the Services, or applicable law, and any content that you post.

Arbitration Agreement

We both agree to resolve any disputes arising out of these Terms or your use of Fat Tailed Solutions through final and binding arbitration. Arbitration is a less formal procedure than a lawsuit in court, with the goal of resolving disputes more quickly. We both agree to waive our rights to have our claims decided by a judge or jury. Instead, the arbitration shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with the Rules. The arbitration will be held in the United States county where you live or work, or any other location we agree to, and shall be conducted in the English language. The arbitrators' decision may be enforced in any court of competent jurisdiction. Fat Tailed Solutions will pay all arbitration fees. The prevailing party shall be entitled to costs and attorneys' fees, but Fat Tailed Solutions will not seek its attorneys' fees and costs in arbitration unless the arbitrators determine that your claim is frivolous.

Exceptions to Agreement to Arbitrate

Claims for injunctive or equitable relief or claims regarding intellectual property rights may be brought in any competent court without the posting of a bond.

No Class Actions

You may resolve disputes with us only on an individual basis; you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.

Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Fat Tailed Solutions and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Fat Tailed Solutions may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.

Governing Law

You agree that these Terms, and your use of Fat Tailed Solutions, are governed by California law, in the United States of America, without regard to its principles of conflicts of law.