Date of Last Amendment: April 21, 2023
Thank you for visiting our Website.
This Website is owned and operated by Originality.AI Inc. (Originality.AI” “we,” “us,” “our”) located in Collingwood, Ontario, Canada. As applicable, “Originality.AI” includes our shareholders, directors, officers, employees, contractors, freelancers, agents, representatives, successors, assigns, and affiliated and subsidiary companies.
This Website provides information about Originality.AI and the services we provide. These Terms outline (A) the terms and conditions of the purchase and sale of our services, and (B) our mutual commitments with respect to your use of this Website.
These Terms also apply if you access our services by way of Originality.AI’s Chrome Extension, API, or WordPress plugin.
By visiting or using our Website, you agree to these Terms & Conditions of Service (“Terms”). Please review them carefully. These Terms are a binding legal contract between you and Originality.AI.
If you cannot agree to these Terms, do not use our Website or purchase our services. If you have questions about these Terms, contact us at firstname.lastname@example.org.
We may amend these Terms without notice. Check them from time to time. If the Date of Last Amendment is more recent than your last visit, please review them again. Your continued use of the Website or purchase or use of our services after an amendment means you accept the new Terms.
A. The Purchase and Sale of Our Services
Our services assist users to determine if content is Original Content, i.e., if is text is unique and human-created.
Original Content is unique when it is written specifically for the project for which the person claiming authorship is hired. Unique means purpose-written text that is not a word-for-word transcription of someone else’s work that a person claims to have authored. Original Content can also be authored by a legal entity other than a person (e.g., a corporation) as long as it is written by a person employed by or contracted to the authoring entity.
Original Content is human-created when it is not AI-generated, i.e., the text is written by a natural person (or by a natural person on behalf of a corporation, etc.).
- Who Should Use Our Services
Our services are available to web publishers and content marketers to help them identify content that is not unique (Plagiarism Check) and/or has been AI-generated (Detect AI).
Our services are intended for use in a commercial, online setting – to ensure that content purchasers do not pay for Original Content with the belief (and at a price) that it was written by a natural person, whether payment is made to an individual directly or to a corporation or agency.
Our Plagiarism Check service is not suitable for identifying plagiarism in an academic setting and should not be used for that purpose. Academic plagiarism includes presenting someone’s else ideas as one’s own, even if different words are used to express the ideas. Our Plagiarism Check service cannot detect plagiarized ideas as required in academia.
Academic writing could be reviewed by our Detect AI service, but that is not what it was designed for and that use is not recommended. If used in an academic setting, it must be kept in mind that Detect AI results are probabilities and not definitive. Before disciplinary action could be taken or a decision could be made about whether or not to publish a piece, a further comprehensive and objective investigation would be required to determine, to the standard of proof applicable in academia, that an article, essay, or treatise was, in whole or in part, AI-generated.
In the case of academic writing represented as AI-generated for the purpose of, for example, demonstrating an advance in AI writing technology, the same limitations on relying on Detect AI alone would apply. The point here is that a Detect AI score could very well indicate a very low probability of AI generation for text written by a new or substantially enhanced AI writing technology. However, such a result would not be determinative because it could mean either that the AI technology was, indeed, “new and improved” or that it was written or enhanced by a natural person. If Detect AI returned a score indicating a high probability that the text was AI-generated in such circumstances, it could be an indication that the AI technology being demonstrated was not as new or improved as the programmers believe.
- What Happens When You Purchase Our Services
In order to use our services, you create an account and purchase credits.
After you create your account, you will be able to log in to the Originality.AI app. There you can create a team eligible to use your account and upload content to be scanned by either or both of our Plagiarism Check and Detect AI services. Please note that by creating a team (authorizing the use of your account by others), you are accepting responsibility to pay for scans initiated by all members of your team. You can see each team member’s activity on your Dashboard.
You will always know (in real-time) how many credits have been consumed and the charges to your credit card.
- Pricing and Payment Processing
You pay for our services by purchasing credits. Each credit buys a 100-word scan. Therefore, the cost to you of each scan depends upon the number of credits required which, in turn, depends upon the number of words scanned and whether you screen for plagiarism, AI generation, or both.
For example, if you upload 5,000 words for plagiarism screening only, your cost would be calculated by dividing 5,000 by 100 (scanned words per credit) to determine the number of credits required (50), and multiplying 50 by the price per credit. Please refer to the Website’s Pricing page for the current price of credits.
If you scanned 5,000 words for both plagiarism and AI generation, your cost would be 5,000 ÷ 100 = 50 credits per scan × 2 scans = 100 credits × the price per credit.
Credits expire 2 years from the date of purchase.
Although we collect your credit card information so that you can purchase credits, we do not process payments directly, Payments are processed by Stripe, a payment processing company. Although you enter your credit card information on our site when purchasing credits, we do not use, retain, or store the information. It is transmitted to Stripe which processes the charge to your credit card. Once transmitted, we do not have access to any of your financial information.
Please note that when you provide us with your card information, you authorize Originality.AI to charge your card automatically whenever necessary to complete the scans you or a team member require.
When you use Originality.AI’s Plagiarism Check service, you understand and acknowledge that there may be copies of the scanned text that are not reported. Plagiarism Check reviews a live index of Google search results. If the copy of the scanned content is from a source not indexed by Google, Plagiarism Check will not detect it.
You acknowledge and understand that the only warranty we provide concerning Plagiarism Check is that all copies of scanned text found will be reported, as will their locations.
Originality.AI is neither responsible nor liable for the omission of copies of scanned text from reports provided to you. Our Plagiarism Check service reports the results of a scan of a live index of Google search results. It does not itself scan the entirety of the Internet looking for copies of scanned text. If, for example, text has not been indexed at the time of a scan, it will not have been picked up by Google’s search engine and Plagiarism Check will not report it.
Plagiarism has two aspects. You may be sold content that is represented as Original Content when it has been sold previously. You may also purchase content that is Original Content at the time you bought it but which the author subsequently resells representing it as Original Content to a subsequent purchaser(s).
Therefore, you may wish to scan content from time to time (1) to pick up copies that were missed previously because, for example, the content had not yet been indexed, and (2) to identify copies posted online after your content was posted.
Originality.AI is neither responsible nor liable in the event that its Plagiarism Check service returns a false positive, i.e., identifies a copy of your content that is not, in fact, a plagiarized copy. Directly compare any content identified as a copy of yours to determine if it is, in fact, identical before taking action.
When you use Originality.AI’s Detect AI service, you understand and acknowledge that you will be provided with a score from 0 to 100 reflecting the likelihood that the content scanned was produced using one of the popular GPT-3, GPT-2, GPT-NEO, ChatGPT, or GPT-J based AI writing tools. You understand and agree that a score of, for example, 90 means that 1 time out of 10 Detect AI will incorrectly flag content as probably AI-generated.
You acknowledge and understand that the only warranty we provide concerning Detect AI is that you will be provided with an assessment of the probability that scanned text is AI-generated. We do not guarantee the accuracy of the result (degree of probability) returned. Nor do we guarantee that we will test scanned text for generation by all AI writing tools. AI writing tools are constantly being introduced and improved. We endeavour to correspondingly enhance Detect AI but we do not guarantee our success in that regard. Should it be the case, the result of a Detect AI check may be that a determination of whether scanned text is AI-generated cannot be made.
Because its Detect AI service only reports a probability, Originality.AI is never responsible or liable for any actions taken or not taken based on a score reported, even if the score is 0% or 100%. If a Detect AI score gives you a reason to suspect content has been AI-generated, do not assert a probability as fact. Conduct an investigation by, for example, asking the content provider for research notes and early drafts or the revision history of the work.
- Sample Contract Language
When you contract to purchase Original Content, you may wish to include this clause in the agreement with the content provider:
[You or your company name] regularly scans all purchased content using Originality.AI’s Plagiarism Check and Detect AI services. We are contracting to buy and you are promising to sell only original content that you personally create and that is not AI-generated. If you are an agency, you are promising to sell only Original Content created by a natural person employed or retained by you that is not AI-generated. Should an Originality.AI scan reveal that you sold us content that was not original or that you later resold, or that the content was, on a balance of probabilities, AI-generated, you agree to immediately refund any payments we made to you plus our cost of the Originality.AI scan(s).
- Limited Liability
To the fullest extent that may be disclaimed at law:
(a) Without limiting the generality or applicability of section iv. Warranty or subsection (b), immediately below, Originality.AI is not liable for failures to perform, failures to perform as described, or for delays in the performance of any obligations described in these Terms or elsewhere on our Website whether such failure or delay resulted wholly or in part from any factor(s) within or beyond our direct and immediate control.
(b) We are not liable for costs or losses of any nature that you incur as a direct or indirect result of using our services, including costs or losses resulting from delays in the delivery of our services, whether or not such delays are reasonable. Without limiting the generality of the foregoing, we are not liable for costs or losses of any nature relating to delayed website launches or other openings or delayed closing dates (e.g., delays to the processing of a sale of a product or service on your website).
(c) We are not liable for costs or losses resulting from disputes, including from the outcome of legal disputes, between you and content providers.
(c) We are not liable to you in relation to the purchase and use or reliance on our services, or any delays related thereto whether within or beyond our control, whether for breach of contract, warranty, negligence, strict liability, in tort (including without limitation, negligence), or otherwise for pre-contractual or other representations (other than fraudulent misrepresentations) that result in (1) economic or commercial loss (including without limitation loss of revenue, profits, contracts, business, savings or anticipated savings); (2) any loss of goodwill or reputation; (3) any special, punitive, indirect, consequential, or incidental loss or damages (including without limitation, loss of use, loss of time, or inconvenience); whether such are suffered by you, your agent, or a third party.
(d) In no event will our total liability to you arising out of or in any way related to our sale of or your use of or reliance on one of our services exceed the total cost of the relevant scan.
You agree to indemnify and hold harmless Originality.AI, its directors, officers, employees, contractor, subcontractors, Website content contributors, agents, co-branders, suppliers, subsidiaries, parent companies, and affiliates from any and all liabilities, losses, claims (including, but not limited to, claims for injunctive relief), demands, disputes, damages, losses, liens, causes of action, suits, civil, criminal, statutory, or administrative actions or proceedings, fines, taxes, assessments, penalties, judgments, and/or other expenses of any kind, nature, or description whatsoever (including, but not limited to, Originality.AI’s legal fees and expenses and costs of investigation) resulting from or in any way connected with (1) your use of the service you purchased from us; (2) your use of the results provided by one of our services; (3) your reliance for any purpose on results provided by one of our services; (3) privacy, tort, or other claims relating to the provision of personal information to Originality.AI that is not owned by you (which provision would be a violation of these Terms); and/or (4) your breach of these Terms.
- Ownership of, and License to Use Content
Uploading content for the purpose of using our services has no impact on ownership of the content. In other words, Originality.AI acknowledges and agrees that it acquires no right, title, or interest in content uploaded on its Website. Further, if they are not the same party, uploading content to our Website has no impact on the respective intellectual property rights of the party that uploads the content and the party that claims authorship of the content.
In the alternative and without limiting the foregoing, Originality.AI hereby assigns to the party otherwise owing content uploaded to its Website all rights, title, and interests in and to the content it may have or acquire.
By uploading content to our Website, you grant to Originality.AI a perpetual, non-royalty-bearing, irrevocable, sublicensable, transferable, and worldwide license and right to retain and use an anonymized version of uploaded content to evaluate and improve our plagiarism and AI detection engines and services, i.e., to test and train our detection technology. If you are not the owner of the content, you warrant to us that you have the consent of the owner to grant us this license and you agree to indemnify us in accordance with the Indemnification section of these Terms should you fail to obtain the required consent.
- Our Remedies
In order to avoid irreparable injury to Originality.AI, in the event of your breach or threatened breach of these Terms, we may seek an injunction and/or other equitable relief restraining such breach or threatened breach in a court of law. Nothing in these Terms shall be construed as prohibiting us from pursuing any other remedies available for such breach or threatened breach, including the recovery of monetary damages from you.
- Other Terms and Conditions of the Purchase and Sale of our Services
Originality.AI may, at our discretion, assign, transfer, or subcontract any of our rights or obligations under these Terms to any third party. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of a transaction or your account or relationship with us.
Our delay in exercising any right or remedy under these Terms will never operate as a waiver of that right or remedy and will not affect our ability to exercise that right or remedy subsequently. We must agree to any waiver in writing.
These Terms supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.
You verify that any contact or other information provided to us in connection with a purchase and sale or possible purchase and sale is true and accurate.
- Dispute Resolution
These Terms of Service and any agreement of purchase and sale between you and Originality.AI shall be construed and governed by the laws of the province of Ontario, Canada. Any matters in dispute between you and Originality.AI shall be submitted to and determined by a court of competent jurisdiction in the province of Ontario. You irrevocably waive any claim of inconvenient forum.
B. Use of the Website
i. Your Rights
You are free to browse the Website without cost or obligation.
ii. Your Obligations
You will only use the Website for lawful purposes.
Without our prior written consent, you may not:
- copy, reproduce, use, or sell content found on the Website;
- modify, distribute, or re-post any content on the Website for any purpose; or,
- use the content of the Website for any commercial purpose.
You agree that you will:
- not disrupt or interfere with the security of, or otherwise abuse, the Website or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked website;
- not disrupt or interfere with any other user’s use or enjoyment of the Website or an affiliated or linked website;
- not transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
- not use, frame, or utilize framing techniques to enclose Originality.AI’s trademark, logo, or other proprietary information (including images/text found on our Website, or the layout/design of any page or form on our Website) without our prior written consent;
- not reverse engineer or create derivative works based on our Website or any content available through our Website including, without limitation, any software;
- not use meta tags or any other “hidden text” utilizing Originality.AI’s name, trademark, logo, or other proprietary information without our prior written consent; and
- not obtain or attempt to obtain unauthorized access to our Website or areas of the Website that are restricted from general access.
iii. Disclaimer of all Warranties with respect to use of the Website
Our Website is provided on an “as-is” and “as-available” basis. Except as provided in these Terms and to the fullest extent permitted by applicable law, we expressly disclaim all warranties, express or implied, with respect to our Website or use thereof including without limitation, any warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that our Website will meet your requirements or that access to it will be uninterrupted, timely, secure, error-free, or that defects, if any, will be corrected. Except as expressly provided in these Terms, we make no warranties with respect to the accuracy, quality, or reliability of the information on our Website.
You agree that any material and/or data downloaded or otherwise obtained from our Website is used at your own risk and that you will be solely responsible for any damage to your computer or device, or for loss of data, that results from the download.
iv. Protection of our Intellectual Property rights and your license to use the Website
You agree that the content on our Website including text, graphics, software, sound (including spoken words and music), photographs, video clips, and content provided by sponsors, advertisers, or other users (“Intellectual Property rights”) is owned by Originality.AI or the applicable third party and is protected by copyright, trademark, patent, or other proprietary rights and laws.
You may not use or display any of our trademarks, logos, or service marks without our prior written consent. You may not use or display any other trademarks, logos, or service marks displayed on our Website without the permission of the owners.
You are granted a non-exclusive, non-transferable, revocable, limited license to view content on our Website for the purpose of obtaining information about and purchasing our services. Except as expressly provided in these Terms, nothing on our Website shall be construed as conferring any other license or right expressly, by implication, estoppel, or otherwise to any of Originality.AI’s or a third party’s Intellectual Property rights. All rights not expressly granted herein are reserved.
v. General Limitation on our Liability related to the use of our Website
You understand and agree that under no circumstances will we or our subsidiaries, affiliates, directors, officers, employees, contractors, subcontractors, Website content contributors, or agents be liable for any indirect, special, incidental, or consequential damages including, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages resulting from or associated with your use of our Website. This limitation applies regardless of the manner in which damages are caused or the theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use, the Website; or (2) the cost of procuring substitute services.
Originality.AI may, at our discretion, assign, transfer, or subcontract any of our rights or obligations under these Terms to any third party.
Our delay in exercising any right or remedy under these Terms shall never operate as a waiver of that right or remedy and shall not affect our ability to exercise that right or remedy subsequently. We must agree to any waiver in writing.
These Terms supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.
viii. Termination of our Website
We may, in our sole discretion, terminate or suspend the operation of our Website or your use of our Website without prior notice to you. We may do so for any reason that we, in our sole discretion, determine to be appropriate.