Ophilus Alpha Terms of Use

Ophilus builds multiplayer interaction data, controllable environments and evaluation systems for shared AI worlds, and operates Khora. The current Services provide information about Ophilus, a limited public demonstration, and a way for organisations to enquire about enterprise cooperation.

The Services are an experimental alpha offered for technical, research, and business evaluation. They are not a consumer product, production environment, or generally available commercial service. Features may be incomplete, inaccurate, unavailable, or changed without notice. We may add, limit, suspend, or discontinue any part of the Services at any time.

The current public demo does not offer user accounts, uploads, voice or text chat, saved user projects, public publishing, downloads, paid plans, subscriptions, or API access. If we introduce those features, additional terms or an updated version of these Terms may apply.

Any enterprise, research, API, paid, or other commercial engagement requires a separate written agreement. If that agreement conflicts with these Terms, the separate agreement controls for that engagement.

You may use the Services only if you are at least 18 years old and have reached the age of legal majority where you live.

You may not access or use the Services if you are the target of applicable sanctions, are located in a country or territory subject to comprehensive applicable sanctions, or if your use would cause Ophilus or another person to violate export-control, sanctions, or other applicable laws. You may not make the Services available to a prohibited person or for a prohibited end use.

Ophilus grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access the Services solely for lawful evaluation and for their intended purpose.

You are responsible for your systems, network connection, and activity while using the Services. We may impose access, geographic, technical, session, or usage limits to protect the Services and our systems.

The demo may respond to gameplay inputs or actions and may generate audiovisual scenes, simulations, or other material ("Output"). If a feature allows you to submit prompts, instructions, feedback, text, images, audio, or other materials, those materials and your recorded interactions are "User Materials."

You retain any rights you have in User Materials. You represent that you have all rights and permissions needed to provide them and to grant the rights described below. Do not submit personal data, confidential information, regulated data, or third-party material unless Ophilus expressly requests it and explains how it will be handled.

You grant Ophilus, its affiliates, and its service providers a worldwide, non-exclusive, royalty-free licence to host, reproduce, process, adapt, transmit, display, and otherwise use User Materials and Output as reasonably necessary to:

• provide, operate, secure, test, and support the Services;
• investigate misuse and comply with law; and
• evaluate, train, test, develop, and improve the Services and Ophilus's machine-learning and AI systems, including their quality, consistency, safety, and performance.

This licence applies only where User Materials or interactions are actually submitted to or recorded by the Services. The current data practices are described in the Privacy Policy. Separate enterprise or research agreements may provide different data-use and model-training terms.

As between you and Ophilus, and to the extent permitted by law, you may view and use Output generated for you solely for lawful internal evaluation. The current demo does not provide a feature to save, download, publish, or commercially exploit Output.

Output may be inaccurate, incomplete, offensive, unexpected, or unsuitable. It may not be unique and may not qualify for intellectual-property protection. You must not rely on Output as factual evidence or professional advice.

You must use the Services lawfully and responsibly. You may not:

• violate any law, regulation, sanction, export control, or third-party right;
• create, request, or distribute material that exploits or sexualises minors, facilitates trafficking or abuse, or otherwise endangers a child;
• threaten, harass, defame, impersonate, deceive, or invade another person's privacy;
• use the Services to facilitate malware, cyberattacks, fraud, violence, terrorism, self-harm, or other unlawful or seriously harmful conduct;
• infringe intellectual-property, privacy, publicity, confidentiality, or other rights;
• gain or attempt to gain unauthorised access to the Services or connected systems;
• disrupt, overload, damage, or circumvent security, access controls, safeguards, rate limits, or geographic restrictions;
• scrape, crawl, or use automated means to access or extract data from the Services without our written permission;
• reverse engineer, decompile, or attempt to discover source code, model weights, training data, or non-public components, except where applicable law does not permit this restriction;
• use the Services or Output to develop, train, benchmark for publication, or improve a competing AI model or service without our written permission; or
• misrepresent AI-generated Output as authentic evidence of real events where doing so is likely to deceive or harm another person.

We may investigate suspected violations and restrict or terminate access where reasonably necessary.

The Services, including our software, models, systems, interfaces, website, text, graphics, logos, trademarks, and content supplied by Ophilus, are owned by Ophilus or its licensors and protected by intellectual-property laws. Except for the limited evaluation right expressly granted in these Terms, no rights are granted to you. You may not use the Ophilus name, marks, or branding without prior written permission.

If you provide suggestions, ideas, or other feedback, you grant Ophilus a perpetual, worldwide, irrevocable, royalty-free right to use it without restriction or compensation. Do not provide feedback you consider confidential.

Ophilus may use affiliated personnel and third-party providers to develop, host, secure, operate, maintain, and support the Services. The Services may also link to third-party websites or content. We do not control and are not responsible for third-party websites, content, terms, or privacy practices.

You may stop using the Services at any time. We may suspend or terminate access at any time, including where we reasonably believe use violates these Terms, creates security or legal risk, or threatens users, Ophilus, or the Services.

Upon termination, your right to use the Services ends. Provisions that by their nature should survive will survive, including provisions concerning licences, intellectual property, disclaimers, liability, indemnity, and disputes.

To the maximum extent permitted by law, the Services and Output are provided "as is" and "as available." Ophilus disclaims all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, and uninterrupted or error-free operation.

We do not warrant that Output will be accurate, unique, lawful, safe, or suitable for any purpose, or that a generated environment will remain consistent or available. You use the Services and Output at your own risk. Nothing in these Terms excludes rights or liability that cannot lawfully be excluded.

To the maximum extent permitted by law, Ophilus and its affiliates, directors, officers, employees, agents, service providers, and licensors will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for any loss of profits, revenue, business, goodwill, data, or use, arising out of or related to the Services or these Terms, even if advised that such damages were possible.

To the maximum extent permitted by law, their total aggregate liability for all claims arising out of or related to the Services or these Terms will not exceed SGD 100.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Ophilus and its affiliates, directors, officers, employees, and agents from claims, losses, liabilities, damages, and reasonable costs, including legal fees, arising from your User Materials, misuse of the Services or Output, or violation of these Terms or another person's rights.

We may update these Terms by posting the revised version and changing the "Last updated" date. If a change is material, we will provide additional notice where required by law. Continued use after the updated Terms take effect constitutes acceptance of them.

These Terms are governed by the laws of Singapore, without regard to conflict-of-laws principles. The courts of Singapore have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services.

Before commencing formal proceedings, you and Ophilus will make a good-faith effort to resolve the dispute informally by providing written notice and allowing 30 days for a response.

These Terms and policies expressly incorporated into them are the entire agreement concerning the Services. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain effective. Failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. We may assign them in connection with a reorganisation, merger, acquisition, financing, or sale of assets.

No person other than you and Ophilus has any right under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce these Terms.

Questions, legal notices, and reports concerning these Terms may be sent to:

OPHILUS YAHAHA (SINGAPORE) PTE. LTD.
Email: [email protected]