OneGTM Terms of Use

Welcome to the OneGTM solution (the “Service”). The OneGTM is owned and operated by RedHot Consulting Inc Inc. (“OneGTM”, ‘RedHot” the “Company”, "we" and "our").

Please carefully read the following terms and conditions (the "Terms" or "Terms of Use"). The Terms constitute a binding agreement between you and the Company. By accessing the Service or by using it in any other manner, you indicate your acceptance of these Terms. If you do not agree to these Terms of Use, you may not access the Service or use it in any manner.

About the Service

OneGTM has developed an OneGTM (“ONEGTM”) solution to improve go to market teams planing and execution, having sales, marketing, and product teams work as one, using AI, automation, and rich data. .

Intellectual Property

The intellectual property rights associated with the Service and any content presented on the Service, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of the Company or its third-party licensors. These rights apply, among others, to information, data and its processing, the Service’s “look and feel”, computer code and any other detail concerning its operation.

You are not allowed to copy, duplicate, distribute, sell, make available, market and translate any information, including trademarks, images, pictures, texts and computer code from the Service, without the Company's explicit prior and written consent.

Trademarks featured on the Service (whether registered or not) are the sole property of the Company and/or its third-party licensors. You may not use them without our prior written consent.

The Service uses or includes open source software components listed listed within the Service’s documentation (“OSS”). To the extent so stipulated by the license that governs each OSS ("OSS License"), each such OSS is subject to its respective OSS License, not these Terms, and is licensed to you directly by its respective licensor, not sublicensed by us. If, and to the extent, an OSS License requires that these Terms effectively impose, or incorporate by reference, certain disclaimers, provisions, prohibitions or restrictions, then such disclaimers, provisions, prohibitions or restrictions shall be deemed to be imposed, or incorporated by reference into this Agreement, as required, and shall supersede any conflicting provision of this Agreement, solely with respect to the corresponding OSS which is governed by such OSS License.

If an OSS License obligates us to give you a copy of the source code of the OSS, and such copy was not provided to you, we hereby extend to you a written offer, valid for the period specified in the respective OS License, to obtain source code of the OSS from us. To take up this offer, email us at info@onegtm.ai.

Acceptable Use of the Service

You can only use the Service if you were assigned a user by your organization. Each user is to be used by one (1) person only. You may not allow any third-party to use your user or credentials to access the Service.

In addition, when using the Service, you must refrain from –

Breaching theses Terms or any other applicable rules and instructions that we may provide;
Interfering with, burdening or disrupting the functionality of the Service;
Breaching the security of the Service or identifying any security vulnerabilities in it;
Circumventing or manipulating the operation, or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the Service;
Displaying the Service or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Service;
Displaying content from the Service in any way; including by any software, feature, gadget or communication protocol which may alter the content or its design;
Accessing or using the Service in order to develop or create a similar or competitive product or service.
Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
Collecting, harvesting, obtaining or processing personal information of or about other users of the Service;
Engaging in any activity that constitutes a criminal offense or gives rise to civil liability; or
Violating any applicable law.

WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY SUSPEND OR TERMINATE YOUR USER ACCOUNT, OR BLOCK YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE USING THE SERVICE FRAUDULENTLY OR ABUSIVELY.

USAGE POLICIES

A. Platform Guidelines

The Services are powered by generative artificial intelligence. Given the rapidly evolving nature of this technology, the Services may produce inaccurate information about people, places, or facts. Customer acknowledges, on behalf of itself and its Users, that it and its Users should scrutinize the veracity of any information included in Output from the Services. To the extent that Customer or its Users relies upon the factual accuracy of any Output, Customer acknowledges that it does so entirely at its own risk.
User access credentials are intended for use by the designated individual only and cannot be shared. Customer agrees to provide accurate, current and complete account and User information and to store its copy of the access credentials securely. As a part of the Service, Users are given the ability to add other Users to their accounts and enable other Users to access or modify Customer Property included in such account. Customer is solely responsible for managing which Users have access to such Customer Property and for all activity that occurs under its account. For any illegal activity or sharing login details of your account with others, Customer’s account may be blocked or permanently deleted without any notice
Customer and its Users shall at all times abide by the Acceptable Use Policy (“AUP”) below. OneGTM further reserves the right to make formatting changes, edits, and otherwise modify any Inputs or Outputs that violate the AUP. OneGTM can also limit or revoke the use of the Service if Customer or any User violates the AUP.
Customer shall comply with OneGTM’s Fair Use Policy below and is otherwise prohibited from engaging in abnormally high usage.
Except for uses that are expressly permitted (for example, in the Documentation or in an Order Form), Customer will not, and will ensure that Users do not: (i) sell, resell, rent, lease, or otherwise distribute any portion of the Service; (ii) use the Services other than in accordance with the Documentation or in a manner that interferes with, unduly burdens, or disrupts the integrity, performance, or availability of the Service (for example, by conducting load tests or penetration tests without OneGTM’s prior written consent); (iii) attempt to gain unauthorized access to the Services or to OneGTM’s or its third party suppliers’ related systems or networks; (iv) access any portion of the Services for the purpose of building a similar or competitive product or service, or monitor the Services for any benchmarking or competitive purpose; (v) introduce, disseminate, or otherwise enable any viruses, Trojan horses, spyware, worms, malware, spam, or malicious code using the Service; (vi) copy, modify, translate, or create a derivative work of any OneGTM Property; (vii) reverse assemble or otherwise attempt to discover the source code or underlying components of models, algorithms, or systems included in the OneGTM Property (except to the extent such restrictions are contrary to applicable law); (viii) submit any sensitive Personal Data (including government issued identification numbers, financial account information, payment card information, and personal health information) to the Services; (ix) mislead any person that the Output was human generated; or (x) alter, remove or violate any copyright or other intellectual property notice appearing in connection with the Services.
Customer agrees to use the Services in a manner that will not violate any third-party copyright, trade secret, publicity, trademark, or other Intellectual Property Rights. OneGTM will process and investigate proper notices of alleged copyright or other intellectual property infringement related to material submitted through Customer’s account, and will respond appropriately, following the guidelines of the Online Copyright Infringement Liability Limitation Act and other applicable intellectual property laws.
OneGTM reserves the right to monitor the use of the Services for security and operational purposes and make modifications to the features and functionality of the Services during the Subscription Term. OneGTM may immediately suspend or throttle access to the Services if (i) OneGTM reasonably believes that a User or Customer is in breach of the Agreement; (ii) a User or Customer violated the Fair Use Policy, or (iii) if OneGTM in good faith suspects that any third party has gained unauthorized access to the Services using a credential issued by OneGTM to Customer or its Users. OneGTM shall not be liable to Customer for any such suspension or throttling of Customer’s access to the Services; provided, that OneGTM uses commercially reasonable efforts to provide Customer with advance notice of such action.
Except for legal notices of termination, material breach, force majeure or indemnification claims, OneGTM may provide all business and product-related communications (e.g., release notes for product updates, privacy policy updates, critical security updates, and information on critical bugs and outages) to Customer by email, posting on the Services and/or other electronic means mutually agreed by the Parties. OneGTM may rely and act on all information and instructions provided by Customer’s Users.
Customer is solely responsible for obtaining and maintaining all rights, licenses, and credentials necessary to use Third Party Products in connection with the Services. In addition, Customer is solely responsible for installing, operating, updating, or otherwise maintaining the operation of such Third Party Products. To the maximum extent permitted by applicable law, OneGTM does not provide any warranties, guaranties or indemnification regarding any Third Party Products. If the availability of all or a portion of the Services depends on the corresponding availability of Third Party Products, OneGTM’s sole responsibility will be to use commercially reasonable efforts to update the Services to ensure continued inter-operation with Third Party Products. In no case are the providers of such Third Party Products OneGTM’s third party service providers referenced in Section 6(d) of the Agreement.

B. Acceptable Use Policy

Please read this Acceptable Use Policy ("policy" or "AUP") carefully before using any OneGTM AI, Inc. (“OneGTM” "we," or "us") website, including, www.OneGTM.ai, or any service (collectively, the “Services") operated by OneGTM. Use of the Services is subject to this Acceptable Use Policy.

We reserve the right to change this policy at any time and will use commercially reasonable efforts to notify you of such changes. To ensure your compliance with this policy, we advise that you frequently visit this page.

Capitalized terms have the meaning stated in the applicable agreement between Customer ("Customer," "you," or "your") and OneGTM. To the extent of any conflict between such agreement and this AUP, this AUP shall govern.

Prohibited Uses

Customer shall not transmit any Input to the Services or use any Output (collectively, Content) that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable.

Examples of such objectionable Content include, but are not limited to, Content that is:

1.unlawful or promotes unlawful activity;

2.defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;

3.spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

4.infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights;

5.impersonating any person or entity including OneGTM and its employees or representatives;

6.violating the privacy of any third person;

7.false;

8.sexual, religious or political in nature;

9.Child Sexual Abuse Material or which otherwise exploits or harms children;

10.hateful, harassing or violent;

11.malware; or

12.fraudulent or deceptive.

In addition, using the Services for any of the following types of businesses, hobbies, or applications:

1.Activity that has a high risk of physical harm, including:

a.Weapons development

b.Military and warfare

c.Management or operation of critical infrastructure in energy, transportation, and water

d.Content that promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders

2.Activity that has high risk of economic harm, including:

a.Multi-level marketing

b.Gambling

c.Payday lending

d.Automated determinations of eligibility for credit, employment, housing, educational institutions, or public assistance services

3.Fraudulent or deceptive activity, including:

a.Scams

b.Coordinated inauthentic behavior

c.Plagiarism

d.Academic dishonesty

e.Astroturfing, such as fake grassroots support or fake review generation

f.Disinformation

g.Spam

h.Pseudo-pharmaceuticals

4.Adult content, adult industries, and dating apps, including:

a.Content meant to arouse sexual excitement, such as the description of sexual activity, or that promotes sexual services (excluding sex education and wellness)

b.Erotic chat

c.Pornography

5.Political campaigning or lobbying, by:

a.Generating high volumes of campaign materials

b.Generating campaign materials personalized to or targeted at specific demographics

c.Building conversational or interactive systems such as chatbots that provide information about campaigns or engage in political advocacy or lobbying

d.Building products for political campaigning or lobbying purposes

6.Activity that violates people’s privacy, including:

a.Tracking or monitoring an individual without their consent

b.Facial recognition of private individuals

c.Classifying individuals based on protected characteristics

d.Using biometrics for identification or assessment

e.Unlawful collection or disclosure of personal identifiable information or educational, financial, or other protected records

7.Engaging in the unauthorized practice of law, or offering tailored legal advice without a qualified person reviewing the information

8.Offering tailored financial advice without a qualified person reviewing the information

9.Telling someone that they have or do not have a certain health condition, or providing instructions on how to cure or treat a health condition

10.High risk government decision-making, including:

a.Law enforcement and criminal justice

b.Migration and asylum

Additional Requirements

Any content that is provided to your clients, customers or other third parties must be reviewed by a qualified professional in that field prior to dissemination. Your business is responsible for the accuracy and appropriateness of that information. In addition, consumer- facing uses of the Output in medical, financial, and legal industries; in news generation or news summarization; and where else warranted, must provide a disclaimer to users informing them that AI is being used and of its potential limitations.

Content creators who wish to publish their first-party written content (e.g., a book, compendium of short stories) created in part using the Services are permitted to do so under the following conditions:

The published content is attributed to your name or company.
The role of AI in formulating the content is clearly disclosed in a way that no reader could possibly miss, and that a typical reader would find sufficiently easy to understand.

Users should not represent generated content as being wholly generated by a human or wholly generated by an AI, and it is a human who must take ultimate responsibility for the content being published.

Enforcement

Your Services may be suspended or terminated with or without notice upon any violation of this policy. Any violations may result in the immediate suspension or termination of your account.

A violation of this AUP shall be determined in OneGTM’s sole discretion. You agree that violations of this AUP by Customer or any person or entity acting under Customer’s account to use the Services will, in addition to any other remedies including possible criminal prosecution, result in termination of your access to the Services and deletion of your data. In addition, violation of this AUP may result in tracking information being stored to identify the offending person, and permanent restriction from holding an account on the Services.

Reporting Violations

To report a violation of this policy, please contact us at info@OneGTM.ai

C. Fair Use Policy

We strive to provide the OneGTM Software as a Service Application (the “Service”) fairly to all our Users while maintaining correspondingly high levels of quality. In order to do so, we maintain this Fair Use Policy which applies to all Users.

The Service contains many features with varying effects on shared processing resources and data generation. Under this Fair Use Policy, we establish—in our sole discretion— “outer-bound” parameters intended to maintain the quality, availability, stability, uniformity, and performance of the Service (the “Parameters”). Nearly all Users (95%+) regularly fall well within the Parameters. Exceeding the Parameters may result in (i) throttling or limitation of access to the Service, with or without warning; and/or (ii) additional costs as may be set forth in an applicable Order Form.

This Fair Use Policy is considered part of the “Documentation” for the Service set forth in our online terms at https://www.onegtm.ai/onegtmtermsofuse (the “Terms”) or Licensing Agreement, in either case as applicable to you. Capitalized terms used but not defined below shall have the meaning outlined in the Terms or Licensing Agreement. Additionally, per Sections 2(d) and 4(a) of the Terms or Exhibit A (Usage Policies) to the Licensing Agreement (as applicable), all customers are required to comply with usage and content restrictions.

We reserve the right to update this or any other Documentation, at any time, including but not limited to changing Parameters. Such Parameters may be listed elsewhere in other Documentation.

Warnings

If our team or system determines that you fail to comply with this Fair Use Policy, we may first lock your workspace and issue you a warning. Continued failure to comply may result in account suspension or cancellation, at our sole discretion.

Please reach out to info@OneGTM.ai if you need any further explanation or details.

D. API Service Terms

These API Service Terms apply to the extent Customer has purchased access to the OneGTM API under an applicable Order Form. Customer’s license to the API is limited to the right to access and use the API solely for the purposes of internally developing applications that will communicate and interoperate with the Services. Customer shall use the APIs in accordance with the Documentation and will promptly correct any usage of APIs that does not comply with the Documentation. Customer shall not use the APIs to replicate or attempt to replace the user experience of the Services. API Keys must be restricted to use by authorized personnel of Customer who have a need to use it for purposes of integrating the Services with other web applications. Customer is solely responsible for maintaining the security of all API Keys and for all activities that occur using any API Key issued to Customer and must promptly notify OneGTM of any unauthorized use. The API Keys are the property of OneGTM and may be revoked by OneGTM in connection with any permitted suspension of Customer’s right to use an API.

Confidentiality

You agree to regard and retain as confidential and not divulge to any third party, or use for any unauthorized purposes, any Confidential Information of OneGTM, as defined below, that you acquire during your access and use of the Service without the written approval consent of the Company. Without limiting the scope of this duty, you agree not to design or develop any products or services, which incorporate any Confidential Information. All Confidential Information remains the property of the Company and no license or other rights in the Confidential Information is granted hereby.

“Confidential Information” shall include, but will not be limited to, information regarding research and development related to the Service, inventions, whether patentable or non-patentable, discoveries, innovations, designs, drawings, sketches, diagrams, formulas, computer files, computer programs, hardware, screen shots, software, manuals, selection processes, data, planning processes, trade secrets, business secrets, business plans, copyrights, proprietary information, processes, formulae, know-how, improvements and techniques and any other data related to the Service and its users. Confidential Information will include information in written, oral and/or any other form of communication.

Changes and Availability

From time to time, we may change the Service's structure, layout, design or display, as well as the scope and availability of the information and content therein, without prior notice. Changes of this type by their very nature may result in glitches or cause inconvenience of some kind.

The operation of the Service depends on various factors such as software, hardware and communication networks of the Company, its contractors and suppliers. By their nature, these factors are not fault free.

YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.

The availability, quality and functionality of the Service depends on various factors, including software, hardware, communication networks, and the quality of broadband/cellular/WiFi network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free.

WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.

Age Restriction and Eligibility

If you are under the age of 18, you may not use the Service in any way. By using, accessing or registering with the Service, you declare that you are 18 years of age or older.

We reserve the right to terminate an account, if we find that you are younger than the minimum age specified above. We may request additional information to confirm your age at any time.

Changes to the Terms

From time to time, the Company may change the Terms. Changes will take effect 7 days after their initial posting on the Service, unless the Company amends the Terms to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting, or as required.

Fair Use Disclaimer

The AI-powered features provided in this platform, powered by OpenAI, are intended to enhance user experience by offering advanced tools and insights. While we strive to provide reliable and accurate information, please be aware that the AI may not always produce completely accurate or up-to-date content. Users should not solely rely on these features for critical decisions or advice.

Additionally, there may be occasional downtimes or disruptions in service, during which these features may not be available. We do our best to minimize these interruptions but cannot guarantee constant availability.

By using these AI-powered features, you acknowledge and accept these limitations and agree to use the information provided in accordance with applicable laws and regulations.

Disclaimer of Warranty

YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS BEING PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. YOU WILL HAVE NO PLEA, CLAIM OR DEMAND AGAINST THE COMPANY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS (“STAFF”), IN RESPECT OF THE SERVICE'S FEATURES, CONTENT, LIMITATIONS OR COMPATIBILITY WITH YOUR NEEDS. YOUR USE OF THE SERVICE AND THE INFORMATION CONTAINED IN IT, IS AT YOUR FULL AND EXCLUSIVE RISK. WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.

THE COMPANY DOES NOT WARRANT, AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE SERVICE, INFORMATION AND CONTENT OBTAIND FROM THE SERVICE OR LINKS TO OTHER WEBSITES.

Limitation of Liability

TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY, ITS EMPLOYEES, OR ANYONE ON ITS BEHALF SHALL NOT BE LIABLE TO YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS, INCLUDING LOSS OF PROFIT AND LOSS OF DATA, COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE SERVICE, ITS CONTENT, THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR FROM ANY COMMUNICATION WITH THE COMPANY, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF CONTENT OR INFORMATION.

Applicable Law and Jurisdiction

These Terms shall be governed solely by the laws of the State of New York without regard to its conflict of law provisions.

The state court in New York County in the State of New York and the federal district court for the Southern District of New York shall have sole and exclusive jurisdiction abd venue over any claim in connection with the Website or in respect of any matter relating to these Terms.

You may contact us with any questions or comments at: info@onegtm.ai.

Last Updated: September 17, 2024.