Terms of Service — DRAFT
Effective: TBD
This is a placeholder. Final version must be drafted with counsel.
1. Account
You must be 18+ and provide accurate information. You're responsible for activity on your account.
2. Content license
You grant Sell-AI-Your-Traces ("we", "us") a worldwide, perpetual, irrevocable, sublicensable, transferable license to use, reproduce, modify, derive works from, distribute, and resell the conversation data ("Content") you upload or sync via the CLI / MCP, including the right to grant downstream training/eval rights to third-party AI lab buyers.
3. Warranty of ownership
You represent and warrant that:
(a) you own the Content or have all rights necessary to grant the license in Section 2;
(b) you have obtained any consents required from third parties whose information may appear in the Content; and
(c) uploading or syncing the Content does not violate any agreement to which you are bound, including the terms of service of OpenAI, Anthropic, or any other AI provider.
4. Sensitive data prohibition
You agree not to submit Content containing protected health information (PHI), payment card information (PCI), government identifiers (SSN, driver's license, passport numbers), content involving minors, or non-consenting third-party PII. We may reject and discard Content matching these categories and may terminate your account for repeated violations.
5. Indemnity
You will indemnify and hold us harmless from any third-party claim arising from (a) your breach of Section 3 or 4, (b) the underlying source platform's terms of service, or (c) the content of conversations you submit.
6. Payouts
We pay you 80% of net revenue attributable to your traces in any sale, less applicable taxes and Stripe fees, on the schedule disclosed in your dashboard. Sales typically settle 14 days after closing. We reserve the right to hold or recall payouts in case of fraud, dispute, or chargeback.
7. Arbitration; class waiver
Any dispute will be resolved by binding arbitration on an individual basis; class actions are waived to the extent permitted by law.
8. Governing law
[State], United States.
9. Changes
We may modify these terms; continued use after changes constitutes acceptance.
TODO before launch: counsel review for: (i) license grant scope vs source platform ToS conflict, (ii) FTC §5 risk in payout messaging, (iii) state arbitration enforceability, (iv) CCPA/CPRA disclosure requirements, (v) data broker registration cross-references.