Terms of Service

 

Updated November 12, 2024

 

1. Introduction

Please read these Terms of Use carefully as they govern your use of Pickaxe, including all of our forms, software applications, and content. By signing up for, or otherwise using, Pickaxe, you agree to these Terms. If you do not agree to these Terms, then you must not use Pickaxe or access any Content.

 

2. Services

We use reasonable efforts to keep Pickaxe operational and to provide you with great content. However, our service offerings and their availability may change from time to time, without liability to you; for example:

  • Pickaxe may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
  • We aim to evolve and improve Pickaxe constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of Pickaxe (including particular functions, features, subscription plans, and beta offerings);
  • Pickaxe has no obligation to provide any specific content and the applicable owners may remove particular content without notice.

Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make content and use Pickaxe content. This access shall remain in effect unless and until terminated by you or Pickaxe. Pickaxe retains ownership of all copies of Pickaxe’s software applications and content even after installation on your devices.

 

3. Beta Services

Beta Services are offered “as-is” to allow testing and evaluation, and content you provide to Beta Services may be used to improve the Services. Pickaxe makes no representations or warranties for Beta Services, including any warranty that Beta Services will be generally available, uninterrupted or error-free, or that Content will be secure or not lost or damaged. Except to the extent prohibited by law, Pickaxe expressly disclaims all warranties for Beta Services, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.

 

4. Account Creation

You may need to create an account to use all or part of Pickaxe. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Pickaxe may reclaim, or require you to change, your username for any reason.

 

5. Proprietary Rights

All Pickaxe trademarks, service marks, trade names, logos, domain names, and any other features of the Pickaxe brand ("Pickaxe Brand Features") are the sole property of Pickaxe or its licensors. These Terms do not grant you any rights to use any Pickaxe Brand whether for commercial or non-commercial use.

 

6. User Content

Pickaxe users may post, upload, or otherwise contribute content to Pickaxe. For the avoidance of doubt, "User Content" includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Pickaxe by users.

 

Pickaxe creators are the owners of the responses collected and returned by their Pickaxes. You are solely responsible for all User Content that you post and such User Content is your property, however Pickaxe may use this data to train Pickaxe models. For members of our Pro tier, Pickaxe will never use their data to train models.

 

You promise that, with respect to any User Content you post on Pickaxe, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by Pickaxe pursuant to the license granted below, does not: (i) violate these Terms, applicable laws, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by Pickaxe or other individual or entity without the prior express written consent from Pickaxe or such individual or entity.

 

In posting or sharing User Content or other information on Pickaxe, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others on the Pickaxe and across the web, so please use caution in posting or sharing, and be mindful of your account settings. Pickaxe is not responsible for what you or others post or share on the service.

 

7. Builder Responsibilities & Duties

Each user of Pickaxe that builds a tool, a Builder, takes on certain responsibilities with respect to the end users of their tools. When a Builder shares a tool, either by sharing the link, embedding the tool on their website, adding the tool to a Pickaxe studio, or in any other way, they are responsible for notifying any potential end user of the tool that there is no expectation of privacy to be expected with respect to interactions with the tool. It is their duty to inform potential users that the Builder, as well as Pickaxe staff, may be able to observe their interactions. More broadly, it is their responsibility to inform users that use of the tool is governed by Pickaxe's terms & privacy policy.

 

8. Prompt Ownership

When you create a pickaxe on our platform, you maintain sole ownership over any associated intellectual property rights concerning the prompt. However, when you elect to make a prompt "cloneable" on Pickaxe, you consequently surrender your exclusive ownership rights, and any other rights you have to that content. By making your prompt cloneable, you knowingly consent for any user on our platform to have the ability to view, replicate, and utilize your prompt. Please be fully aware that once a prompt is made cloneable, it becomes shared content, and any user on Pickaxe may access and use it without notifying or crediting you in any way.

 

Pickaxe may use aggregate information about all prompts hosted on our service to improve our services in the future. This includes using prompt data to train Pickaxe models. For members of our Pro tier, Pickaxe will never use their data to train models.

 

Pickaxe respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, we will respond to claims of copyright infringement committed using the Pickaxe website and services (the "Services"). If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by reporting it to us at info@pickaxeproject.com. Upon receipt of Notice as described below, Pickaxe will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Services.

 

10. Model Generated Data

Pickaxe relinquishes any claim to the results derived from the use of AI models accessed through our platform. Data generated by models on our platform is owned by your organization to the fullest extent allowed by any model provider’s terms of service and applicable laws. A directory of model provider’s terms will be provided upon request to info@pickaxeproject.com.

 

11. Promotional Content

Any publicly available content on the site, such as a “public” pickaxe, may be subject to use in promotional content, in conjunction with information we collect about where such publicly available tools are embedded for public consumption on the open web.

 

12. Monitoring user content

Pickaxe may, but has no obligation to, monitor or review User Content. Pickaxe reserves the right to remove or disable access to any User Content for any or no reason. Pickaxe may take these actions without prior notification to you.

 

13. Age Restriction and Parental Supervision.

This product is not intended for the use of children under the age of 13 without adult supervision. By accessing or using this product, you represent and warrant that you are 13 years of age or older. If you are under 13 years of age, please do not use this product without the supervision of a parent, guardian, or responsible adult. We do not knowingly collect personal information from children under 13. If we discover that we have collected personal information from a child under 13 without appropriate consent, we will take steps to delete that information. If you believe that we might have any information from or about a child under 13, please contact us at info@pickaxeproject.com.

 

14. Country & Region Restrictions.

This product is not intended for the use of people living in regions where we are not yet compliant with local regulations. If you find that Pickaxe does not currently comply with your local regulations, please cease using the product immidiately. Our model providers also have restrictions based on region, so be advised that certain models may not work in certain regions. We welcome you to contact us at info@pickaxeproject.com and we will consider taking steps to comply with local regulations as soon as we can.

 

15. Communication Preferences

By using Pickaxe, you consent to receiving electronic communications from us and our affiliates relating to your account and other communications such as newsletters about new features and content, special offers, promotional announcements and customer surveys via email or other methods. You also consent to marketing messages and materials regarding content, products and services via email. These communications may involve sending emails to your email address provided during account creation, or posting communications on the Service and are part of your relationship with us and the Service. You agree that any notices, agreements, disclosures or other communications that we or our affiliates send to you electronically will satisfy any legal communication requirements, including that such communications be in writing and, with respect to marketing materials, that you be provided information on how to opt out from receiving such materials. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

 

16. Feedback

If you provide ideas, suggestions, or other feedback in connection with your use of the Pickaxe Service or any Content ("Feedback"), such Feedback is not confidential and may be used by Pickaxe without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.

 

17. Pro Tier "Advanded Data Privacy & Security"

For members of our Pro tier, Pickaxe provides additional data privacy & security measures. Pickaxe will agree not to train models on any data generated by members of the pro tier, during the time that they retain pro tier membership. This agreement does not extend to data generated before pro tier membership is initiated, or after pro tier membership is terminated. For pro tier members, all data is encrypted at rest with AES-256, and in transit with TLS.

 

If a member chooses to use one of OpenAI's models, their Data processing addendum applies which includes a 30 day deletion gaurantee.

 

18. Purchases, Refunds & Cancellations

Purchase of products (Pickaxe Gold, Pickaxe Pro, extra credit plans, etc.) are final. Cancellations are processed immediately. Users that cancel or downgrade their plans will immediately lose access to the associated features of the plan. Pickaxe may or may not partially refund plan payment at our sole discretion. All refunds are processed at our sole discretion.

 

19. Contacting Pickaxe

If you have any questions concerning Pickaxe or these Terms you may also contact us at:

 

In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

 

20. Changes

We may make changes to these Terms (including any additional Pickaxe terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms.