Content Access Terms

These Content Access Terms (“Terms”) govern the access to and use of content made available through the Foldset platform. By accessing content through any Foldset-managed endpoint, you (the “Operator” of the accessing AI system, bot, crawler, agent, or automated service) agree to these Terms. Foldset, Inc. (“Foldset,” “we,” or “our”) administers and enforces these Terms on behalf of the applicable content owner (the “Content Owner”). If you do not agree to these Terms, please do not access the content.

1. Definitions

“Access Event” means each instance in which your AI System accesses, retrieves, processes, queries, or receives any portion of the Content through a Foldset-managed endpoint.

“AI System” means any artificial intelligence model, large language model, machine learning system, automated agent, bot, crawler, scraper, or other automated software operated by or on behalf of you that interacts with the Content.

“Content” means all text, data, images, code, software, documentation, databases, compilations, and other materials owned or controlled by the Content Owner and made available through a Foldset-managed endpoint.

“End User” means any individual or entity that interacts with your AI System and on whose behalf or in response to whose query the AI System accesses the Content.

“Output” means any response, summary, paraphrase, synthesis, answer, generated text, or other material produced by your AI System that is derived from or informed by the Content.

2. Limited License

2.1 Grant. Subject to your compliance with these Terms and payment of all applicable fees, the Content Owner grants you a limited, non-exclusive, non-transferable, revocable license to access the Content solely for the purpose of generating Outputs in response to individual End User queries. This license is granted on a per-Access-Event basis.

2.2 Scope. Each Access Event authorizes your AI System to retrieve and process the Content necessary to respond to a single End User query. The license granted for each Access Event does not extend beyond the generation and delivery of the responsive Output.

2.3 No Implied Rights. All rights not expressly granted here are reserved by the Content Owner.

3. Restrictions on Use

You agree that you will not, and will not permit any third party or End User to:

3.1 Reproduce or Reconstruct. Reproduce, reconstruct, reassemble, or substantially recreate the Content or any material portion of it, whether in original or modified form. This includes combining information from multiple Access Events to piece together all or a significant portion of the Content.

3.2 Cache or Store. Cache, store, index, archive, or retain the Content beyond the time strictly necessary to generate and deliver a single Output in response to an individual End User query. Brief, in-memory processing for generating an immediate Output is permitted; persistent storage of any kind is not.

3.3 Train or Fine-Tune. Use the Content to train, fine-tune, distill, reinforce, or otherwise improve any AI System, machine learning model, or derivative technology.

3.4 Aggregate or Compile. Aggregate, compile, or combine the Content with other data to create datasets, databases, indexes, knowledge bases, or any other structured or unstructured collection of information.

3.5 Redistribute or Sublicense. Redistribute, sublicense, sell, lease, share, publish, make publicly available, or otherwise transfer the Content or access to it to any third party, except as embedded within an Output delivered to an End User in response to an individual query.

3.6 Circumvent Access Controls. Circumvent, disable, bypass, or interfere with any access-control, metering, rate-limiting, authentication, or tracking mechanisms implemented by Foldset or the Content Owner.

3.7 Remove Attribution. Remove, obscure, or alter any copyright notices, trademarks, attribution, or proprietary markings associated with the Content.

3.8 Excessive or Abusive Access. Access the Content at a volume, frequency, or in a manner that exceeds the scope of your authorized use, that is designed to extract the Content in bulk, or that places an unreasonable burden on the Foldset infrastructure.

3.9 Competitive Use. Use the Content to develop, enhance, or operate a product or service that directly competes with the Content Owner's products or services.

3.10 Misrepresent Source. Present the Content or any Output derived from it as original work of the Operator or AI System without appropriate attribution to the Content Owner, where attribution is required.

4. Output Requirements

4.1 Proportionality. Outputs should not reproduce the Content verbatim or near-verbatim beyond what is reasonably necessary to respond to an End User query. Where feasible, Outputs should summarize, paraphrase, or synthesize rather than reproduce the Content directly.

4.2 Attribution. Where the Content Owner requires attribution, Outputs that are materially derived from the Content should include appropriate citation to the Content Owner and, where applicable, a link to the original source. Attribution requirements will be specified in the API response metadata or the Content Owner's policies.

4.3 Accuracy. Outputs should not misrepresent the Content, take it materially out of context, or attribute statements to the Content Owner that are not contained in the Content.

5. Fees and Payment

5.1 Applicable Fees. Access to the Content may be subject to fees as set forth in the applicable pricing schedule, API documentation, order form, or commercial agreement between you and Foldset or the Content Owner.

5.2 Payment. You agree to pay all applicable fees in accordance with the payment terms specified in the applicable pricing schedule or commercial agreement. Foldset reserves the right to suspend or terminate your access for non-payment.

5.3 Metering. You acknowledge that Foldset meters Access Events and that such metering data serves as the authoritative record for billing purposes absent manifest error.

6. Intellectual Property

6.1 Ownership. The Content Owner retains all right, title, and interest in and to the Content, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. These Terms do not transfer any ownership of the Content to you.

6.2 Your Systems. Nothing in these Terms grants the Content Owner or Foldset any rights in your AI System or proprietary technology, except to the extent necessary to enforce these Terms.

7. Monitoring and Enforcement

7.1 Audit Rights. Foldset and the Content Owner reserve the right to monitor, log, and audit your access to the Content to verify compliance with these Terms. You agree to cooperate with reasonable audit requests.

7.2 Technical Measures. Foldset may implement technical measures such as watermarking, fingerprinting, rate limiting, access logging, and content-integrity verification to detect and prevent unauthorized use. You shall not interfere with or circumvent any such measures.

7.3 Suspension. Foldset or the Content Owner may suspend or revoke your access without prior notice if there is a reasonable basis to believe you are in violation of these Terms. Suspension does not relieve you of any accrued payment obligations or liability.

8. Disclaimers

THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE CONTENT OWNER AND FOLDSET DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT. NEITHER THE CONTENT OWNER NOR FOLDSET WARRANTS THAT ACCESS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

9. Limitation of Liability

9.1 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE CONTENT OWNER AND FOLDSET UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR ACCESS TO THE CONTENT DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9.2 Exclusion. IN NO EVENT SHALL THE CONTENT OWNER OR FOLDSET BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, REGARDLESS OF THE THEORY OF LIABILITY.

10. Indemnification

You shall indemnify, defend, and hold harmless the Content Owner and Foldset (and their respective officers, directors, employees, and agents) from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising from: (a) your breach of these Terms; (b) your AI System's access to or use of the Content; (c) any Output generated from the Content; (d) any claim by an End User or third party related to your use of the Content; or (e) your violation of applicable law.

11. Termination

11.1 Termination. These Terms are effective from your first Access Event and remain in effect until terminated. The Content Owner or Foldset may revoke your access at any time, for any reason, with or without notice. You may stop accessing the Content at any time.

11.2 Effect of Termination. Upon termination: (a) your license to access the Content immediately ends; (b) you must delete, purge, and destroy any cached, stored, or retained copies of the Content in your possession or control; and (c) all accrued payment obligations and all provisions that by their nature should survive (including Sections 3, 6, 8, 9, 10, and 12) shall survive termination.

12. General Provisions

12.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

12.2 Dispute Resolution. Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules, seated in Wilmington, Delaware. Judgment on the award may be entered in any court of competent jurisdiction.

12.3 Amendments. Foldset or the Content Owner may update these Terms at any time. Updated Terms will be effective upon posting or delivery via API response metadata. Your continued access to the Content following any update constitutes acceptance of the revised Terms.

12.4 Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12.5 Waiver. The failure of the Content Owner or Foldset to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

12.6 Entire Agreement. These Terms, together with any applicable pricing schedule, order form, or commercial agreement, constitute the entire agreement between you and the Content Owner with respect to access to the Content.

12.7 Assignment. You may not assign or transfer your rights or obligations under these Terms without prior written consent from the Content Owner. Any attempted assignment in violation of this section is void.

12.8 Third-Party Beneficiary. The Content Owner is an intended third-party beneficiary of these Terms and has the right to enforce them directly against you. Foldset acts as the Content Owner's authorized agent for administering and enforcing these Terms.

13. Contact

For questions about these Terms or to report a violation:

Foldset, Inc.
Email: legal@foldset.com
Website: foldset.com