1. Usage Policy

Acceptable Use: Users of Manta must ensure that their interactions and uploaded content adhere to standards of professionalism and legality. Prohibited uses include, but are not limited to, uploading, or sharing content that is:

• Illegal: Engaging in illegal activities or sharing illegal content.
• Offensive Material: Distributing hate speech, harassment, or other content that is generally considered offensive or harmful.
• Intellectual Property Violations: Sharing copyrighted material without authorization.

Content Monitoring and Removal: Barnacle Studios reserves the right to monitor content uploaded to Manta. If content is found to be in violation of these terms, we may take appropriate action, including but not limited to removing the content, suspending, or terminating the user’s account, and cooperating with law enforcement.

User Responsibility: Users are responsible for their actions on the platform. Any violation of these terms may result in appropriate legal action.

Reporting Mechanism: Users can report any violations or concerning content directly through the platform’s reporting feature.

Legally Binding Chat Output: At no times should the chat output be considered legally binding. It is the account holder’s responsibility to make this clear to any user before using the chatbot.

2. Service Level Agreement (SLA)

Service Availability: Manta commits to maintaining a minimum uptime of 99%, calculated monthly. Scheduled maintenance times, communicated in advance, are exempt from this calculation.

Performance Standards: Manta ensures a page response time of no more than 5 seconds under normal operating conditions. We rely on third party APIs (e.g. OpenAI) to create answers when using a Manta chat and defer to the third party’s SLA as we cannot guarantee their uptime.

Maintenance and Updates: Regular maintenance and updates are essential for the optimal performance of Manta. Users with a paid subscription will be notified of any significant changes or maintenance periods in advance.

Changes to Privacy Policy: Barnacle Studios reserves the right to modify this privacy policy at any time. Users will be notified of significant changes through the service or via email.

More Information: This SLA does not apply to issues caused by factors outside of Barnacle Studios' control, including but not limited to natural disasters, government actions, or user error.

3. Data Handling and Privacy

Data Collection: Manta collects and processes data uploaded by users, including text, PDFs, Word, and PowerPoint files, to provide personalized chatbot responses. This may also include metadata and logs of user interactions with the service.

Use of Data: Collected data is used primarily to enhance the functionality of Manta, improve user experience, and for service optimization. Data may also be used for troubleshooting and service quality enhancement purposes.

Data Protection: Barnacle Studios is committed to protecting the privacy and security of user data. We employ industry-standard security measures to prevent unauthorized access, disclosure, alteration, or destruction of data.

Data Retention: User data is retained only as long as necessary to provide the requested services. Post termination of service, data will be deleted in accordance with our data retention policy.

User Rights: Users have the right to access, correct, or delete their personal data. Requests for data access or deletion can be made through the designated channels provided by Manta.

Remedies for Non-Compliance: In case of failure to meet the above-mentioned service levels, users are entitled to service credits or extended subscription periods, subject to the conditions outlined in this agreement.

More Information: Please review Barnacle Studios’ Privacy Policy for additional information.

4. Liability and Indemnification

Limitation of Liability: Barnacle Studios shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use Manta; (ii) any conduct or content of any third party on Manta; (iii) any content obtained from Manta; and (iv) unauthorized access, use, or alteration of your transmissions or content.

Indemnification: The user agrees to defend, indemnify, and hold harmless Barnacle Studios and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of Manta, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on Manta.

5. Modification and Termination of Service

Service Modification: Barnacle Studios reserves the right to modify or discontinue, temporarily or permanently, the Manta service or any part of it with or without notice at any time. Users will be notified of significant changes to the service or terms.

Service Termination: Barnacle Studios may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if a user breaches the Terms of Service.

Effects of Termination: Upon termination, the user's right to use Manta will cease immediately. Relevant data handling procedures as outlined in our Privacy Policy will be followed.

User Initiated Termination: Users may discontinue their use of Manta at any time. The procedures for such termination and subsequent data handling will be as per the guidelines provided in the service.

6. Dispute Resolution

Contact for Resolution: In the event of any disputes arising from the use of Manta, users are encouraged to contact Barnacle Studios first to seek a resolution.

Governing Law: Any disputes that arise under these Terms will be governed by the laws of the State of Missouri, United States without regard to its conflict of law provisions.

Arbitration Agreement: Unless expressly prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to the use of Manta or these Terms will be settled by binding arbitration. The arbitration will be conducted in St. Louis, Missouri in accordance with the rules of the American Arbitration Association.

Class Action Waiver: Users waive any class action claims or class-wide arbitration for any claims covered by these terms.

7. Governing Law

Jurisdiction: These Terms of Service shall be governed by and construed in accordance with the laws of the State of Missouri, United States, without regard to its conflict of law principles.

Venue: Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in St. Louis, Missouri and the parties hereby consent to the personal jurisdiction and venue there.