privacy notice lyrical things

click to see

We chose Openai for our custom GPTs because of accessibility for users, as well as safety and privacy. We wanted to grow with a leader in the field, and have increasing model capabilities for our end-users. Currently their ai models are delivering outstanding results, and shortly there will be full Omnimodal capability. This enables powerful use-cases to be crafted for our users. We subscribe to Openai policies.

COOKIE POLICY FOR ACADEMY

1. Introduction

Cookies are small text files that are used to store information on web browsers. They are essential for enhancing user experience by ensuring efficient navigation, remembering user preferences, assisting in security operations, and improving site functionalities. This Cookie Policy aims to inform users about the use of cookies on our website, the management of their preferences, and how cookies can significantly enhance their browsing experience.

2. What Are Cookies?

Cookies are small text files stored on your device when websites are loaded in a browser. They are essential for remembering you and your preferences, whether for a single visit (via a 'session cookie') or multiple repeat visits (using a 'persistent cookie'). They provide a consistent and efficient experience for visitors and are crucial for allowing users to register and stay logged in. Cookies can be set by the site you are visiting ('first party cookies') or by third parties like those who serve content or provide advertising or analytics services ('third party cookies').

3. Types of Cookies Used

- **Essential Cookies:** Necessary for the website to function properly and cannot be disabled by users. Examples include user login, account management, and maintaining security.

- **Performance Cookies:** Collect information about how users interact with our website, such as which pages are visited and what sources bring traffic. This data helps us improve website performance.

- **Functionality Cookies:** Enable enhanced functionality and personalization, such as setting language preferences or remembering user choices and region.

- **Analytics Cookies:** Provide insights into how our website is used, helping us understand user behavior to enhance the user experience.

- **Advertising Cookies:** Deliver advertisements more relevant to you and measure the effectiveness of advertising campaigns.

4. How We Use Cookies

We use cookies to facilitate various functions of our website. This includes enabling users to navigate between pages efficiently, activating certain features automatically, remembering preferences to make interactions with our services quicker and easier, and making advertisements more relevant to your interests.

5. Control and Consent

Users can control the use of cookies at the individual browser level. Instructions on how to manage cookie settings can typically be found in the 'Help' or 'Settings' menu of a browser. If you reject cookies, you may still use our site, but your ability to use some features or areas may be limited, impacting functions like navigation assistance, user session management, and access to secure areas.

6. Changes to the Cookie Policy

We may update this Cookie Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We encourage users to review our policy regularly to stay informed of how we are protecting your information. Changes will be notified through our website notification system or an updated policy date.

7. Contact Information

If you have any questions about our use of cookies or this Cookie Policy, please contact us at:

- Email: [smartt.sites@gmail.com]

- Phone: [+27 74 277 6849]

LICENCE AGREEMENT FOR ACADEMY

Custom GPT License Agreement

This License Agreement ("Agreement") is made between Lyrical Things CC ("Licensor") and the licensee ("Licensee"), effective as of the date of digital acceptance of this Agreement. The Licensor grants to the Licensee, subject to the terms and conditions set forth herein, a non-exclusive, non-transferable license to use the custom GPTs under the following terms:

1. License Grant
The Licensee is entitled to use the selected custom GPTs associated with their OpenAI account. Any use of additional GPTs requires the acquisition of additional licenses under the terms set forth in this Agreement.

2. Restrictions
The Licensee shall not modify, copy, distribute, or create derivative works based on the provided prompts or the custom GPT itself. The Licensee is prohibited from transferring, selling, or otherwise disposing of the custom GPT in a manner not explicitly authorized by this Agreement.

3. Ownership
The Licensor retains all titles, ownership rights, and intellectual property rights in and to the custom GPT. The Licensee is granted a license only, and no ownership rights are transferred as part of this Agreement. All copies, modifications, and derivatives of the custom GPT shall remain the exclusive property of the Licensor.

4. Termination
This license is effective until terminated. The license will automatically terminate without notice if the Licensee fails to comply with any term or condition of this Agreement. Upon termination, the Licensee must destroy all copies of the custom GPT in their possession.

5. Disclaimer of Warranty
The custom GPT is provided "as is," with no warranties whatsoever. The Licensor expressly disclaims any and all warranties, including any implied warranties of merchantability or fitness for a particular purpose. The primary use of the GPTs is for educational, entertainment, simulations, and rubric sessions.

6. Limitation of Liability
In no event will the Licensor be liable for any special, incidental, indirect, or consequential damages whatsoever arising from the use or inability to use the custom GPT, even if advised of the possibility of such damages.

7. General
This Agreement constitutes the entire agreement between the parties, superseding all prior agreements and understandings regarding this subject matter, and can only be amended by a written agreement signed by both parties.

Governing Law
This Agreement shall be governed and construed in accordance with the laws of South Africa.

8. Commercial Use
The GPTs are available for both commercial and personal use, subject to the terms of this license. Different terms may apply for high-volume usage or additional features.

9. Pricing Structure
The license is valid for one year, with renewal being optional and at the discretion of the Licensee.

10. Service Levels
Service levels are defined by OpenAI, depending on whether the Licensee has a Plus or Team account. The Licensor operates under a Team account, providing a higher usage tier.

11. Additional Services
The Licensor offers additional services including customization of GPTs, training sessions, and consulting services to integrate the GPTs with other software or workflows.

12. Upgrade and Update Policy
Upgrades and updates are managed continuously by Lyrical Things and OpenAI. These updates are automatic and do not require new agreements or incur additional fees.

13. Data Handling and Privacy
Data privacy and handling are subject to the privacy policy available at www.smartt.team and governed by OpenAI's privacy policy.

14. User Support and Resources
Support and resources are available through the Licensor's website at www.smartt.team.

15. Renewal and Cancellation Terms
Renewal of the license is optional annually. Cancellation policies and any required notice periods will be outlined on the Licensor's website.

16. Audit Rights
The Licensor reserves the right to audit the Licensee’s use of the GPT to ensure compliance with the licensing terms, with such audits typically occurring on a yearly cycle.

By accepting this Agreement, the Licensee acknowledges they have read, understood, and agree to be bound by the terms and conditions stated herein.

INTELLECTUAL PROPERTY AND COPYRIGHT NOTICE FOR ACADEMY

1. Introduction

Lyrical Things CC ("Lyrical Things", "we", "us", "our") respects the intellectual property rights of others and asserts our own rights regarding the unique and valuable content we create. This page outlines the intellectual property policy that governs the use of our AI-driven tools and services ("Services"), hosted on OpenAI’s infrastructure and accessed via our platforms.

2. Copyright Ownership

- **Original Works Created by Lyrical Things:** All original content created by us, including website text, graphics, logos, images, sound clips, video, underlying code, and especially the proprietary prompts crafted by Allistair Phillip Wessels, is owned by Lyrical Things. These prompts, derived from decades of expertise in art and design processes and strategic management, are AI-agnostic and crafted to elicit deep knowledge from AI semantic spaces. Such content is protected under the Copyright Act of South Africa, international copyright treaties under the Berne Convention, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

- **AI-Generated Content:** Content generated by our AI services using proprietary prompts is the result of complex interactions between user inputs and our algorithms. The copyright of AI-generated content is subject to the specific usage context and contributions. Users are encouraged to seek independent legal advice to understand their rights fully.

3. Trademarks

The names and logos of Lyrical Things, Smartt, HI+AI, and all associated iconography and badges used in connection with our various custom GPTs, as well as our websites including www.smartt.teams, www.itsmartt.com, www.lyricalthings.cc, and www.smarttdesign.com, are trademarks of Lyrical Things and are protected under local and international trademark laws, including the World Intellectual Property Organization (WIPO)’s Internet Treaties—the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. Unauthorized use of these trademarks is prohibited.

4. Use of Copyrighted Material

a. General Use:

Content provided by Lyrical Things through our Services, including proprietary prompts, is intended for both individual users and teams within organizations. These tools are designed to foster creativity, offering new ideas, unique perspectives, and potential intellectual property generation. Users are granted a non-exclusive, non-transferable right to use our Services for their personal, professional, and commercial purposes.

b. User-Generated Content:

Users retain ownership of the inputs they provide to our Services, including data, ideas, and images. The outputs generated from the interaction between user inputs and our AI tools are intended to provide unique value to the users. Lyrical Things claims no ownership over the content generated by users through the use of our Services. By using our Services, you grant Lyrical Things a limited, non-exclusive, royalty-free license to interact with your content solely for the purpose of providing and improving the Services. This includes the right to process, reproduce, partake, and display the content as needed for the operation of the Services. We respect the privacy and ownership of user-generated content, and do not access or retain this content beyond what is necessary to facilitate the Services.

5. Intellectual Property of Outputs:

Lyrical Things owns the proprietary tools and processes, including the AI models and prompts, used to deliver the Services. However, the outputs generated by these tools, in combination with user inputs, are the intellectual property of the users. Users are encouraged to utilize these outputs for entrepreneurial, commercial, educational, entertainment, and leisure purposes, reflecting our commitment to empowering individuals and businesses with AI. Lyrical Things is dedicated to enabling users to remain economically active and relevant in the face of future challenges, as well as enhancing personal learning and enjoyment.

6. Copyright Infringement

- **Notifications of Infringement:** If you believe that your copyright or the rights of others have been violated by our Services, you may submit a notification to us outlining your claim. Please provide a detailed description of the alleged infringement, along with any additional information that may assist us in evaluating your claim.

- **Procedure for Handling Infringement:** Upon receipt of a valid infringement notification, Lyrical Things will take appropriate actions under the applicable intellectual property laws and our policies, which may include removing the offending content from our Services and terminating the account of repeat infringers.

7. Modifications to the Copyright Policy

Lyrical Things reserves the right to modify this copyright policy at any time. We will post the revised policy on our website, and it will be effective immediately upon posting.

8. Contact Information

If you have questions or concerns about our Intellectual Property and Copyright Notice, or to report copyright infringement, please contact us at:

- **Email:** smarttsites@gmail.com

- **Address:** Unit 2B, 67 Wilton Ave, Bryanston, Johannesburg, Gauteng, 2191

END USER LICENCE AGREEMENT FOR ACADEMY

1. Introduction

This End User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Lyrical Things CC ("Lyrical Things", "we", "us", or "our"), which covers your use of the AI tools and services ("Services") hosted on OpenAI's infrastructure and accessed through our platform. By using the Services, you agree to be bound by the terms of this Agreement.

2. Grant of License

Lyrical Things grants you a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with this Agreement. This license is granted solely for personal or business use and is subject to the following restrictions:

- You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services.

- You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services.

- You shall not access the Services in order to build a similar or competitive service.

3. Intellectual Property Rights

All rights, title, and interest in and to the Services, including all associated intellectual property rights, are and will remain the exclusive property of Lyrical Things and its licensors. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services.

4. User Responsibilities

You are responsible for all activities that occur under your account. You agree to:

- Ensure that any information you provide to the Services is accurate and complete.

- Maintain the security and confidentiality of your access information.

- Promptly notify Lyrical Things if you become aware of any unauthorized use of your account or any other breach of security.

5. Updates and Changes

Lyrical Things reserves the right, at its sole discretion, to modify, discontinue, or terminate the Services or to make modifications to this Agreement, at any time and without prior notice. If we modify this Agreement, we will post the modification on our website or provide you with notice of the modification. By continuing to access or use the Services after the modification becomes effective, you agree to be bound by the revised Agreement.

6. Termination

This Agreement will continue in effect until terminated by you or Lyrical Things. You may terminate this Agreement by ceasing all use of the Services and deleting all copies of information and documentation. Lyrical Things may terminate this Agreement at any time without notice if you breach any of the terms and conditions of this Agreement.

7. Warranty Disclaimer

The Services are provided "as is," with all faults, defects, bugs, and errors. Lyrical Things makes no warranty that the Services will meet your requirements or operate under your specific conditions of use. Lyrical Things makes no warranty that operation of the Services will be secure, error-free, or free from interruption.

8. Limitation of Liability

To the maximum extent permitted by law, in no event will Lyrical Things be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way related to the use of the Services.

9. Governing Law

This Agreement will be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.

10. Contact Information

If you have any questions about this Agreement, please contact us at:

- **Email:** smarttsites@gmail.com

- **Address:** Unit 2B, 67 Wilton Ave, Bryanston, Johannesburg, Gauteng, 2191

REFUNDS POLICY FOR ACADEMY

1. Introduction

Thank you for choosing Lyrical Things CC. We are committed to the satisfaction of our users and offer clear guidelines regarding our refund and cancellation policies. This policy applies to once-off payments, subscriptions, and donations made to Lyrical Things CC through our payment gateways such as PayPal and Payfast.

2. Once-Off Payments and Subscriptions

- **Refunds for Digital Products:** Due to the digital nature of our services, products purchased on Lyrical Things CC are generally not refundable after delivery. However, exceptions may be made in the case of technical malfunctions or other extenuating circumstances that prevent access to the purchased service.

- **Subscription Cancellations:** Users may cancel their subscriptions at any time. Subscription fees are generally non-refundable, except in cases where the service has been unsatisfactory due to failure on our part to meet our service obligations. In such cases, a pro-rata refund may be issued for the remaining period of the subscription.

- **Auto-Renewal:** For subscription services, users will be informed prior to any auto-renewal with adequate notice. Users can opt out of auto-renewal to prevent further charges.

3. Donations

- **No Refunds on Donations:** Please note that donations to Lyrical Things CC, given freely without any goods or services provided in exchange, are not refundable. If there has been an error in the amount of a donation processed, please contact us immediately for assistance.

4. Refund Process

To request a refund, please follow these steps:

1. **Contact Us:** Send an email to smarttsites@gmail.com specifying the reason for the refund request.

2. **Information Required:** Include transaction information such as the date of purchase, transaction number, and user details.

3. **Review:** Each refund request will be reviewed on a case-by-case basis. We aim to process requests within 14 business days.

4. **Outcome:** You will be notified of the approval or rejection of your refund request. Approved refunds will be processed back to the original method of payment.

5. Modifications to the Refunds Policy

Lyrical Things CC reserves the right to revise this refunds policy at any time. Changes will be effective immediately upon posting on our website. We encourage users to frequently check this page for any changes to stay informed.

6. Contact Information

If you have questions or concerns about our Refunds Policy, please contact us at:

- **Email:** smarttsites@gmail.com

- **Address:** Data Privacy Officer of Smartt, Unit 2B, 67 Wilton Ave, Bryanston, Johannesburg, Gauteng, 2191

TERMS OF SERVICE FOR ACADEMY

1. Introduction

Welcome to Lyrical Things CC. These Terms of Service ("Terms") govern your access to and use of our AI services and applications ("Services"), which are hosted on OpenAI’s infrastructure and accessed via our platform at Smartt.Teams. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

2. Services Description

Lyrical Things provides custom AI-driven tools and services, designed to enhance decision-making, creativity, and productivity for individual and business use. Our Services utilize models such as ChatGPT-4, operated and maintained by OpenAI, and are customized for specialized tasks based on proprietary data and expertise.

3. Account Registration

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4. Payment Terms

- **Once-off Payments and Subscriptions:** We may offer our Services either through once-off payments or via subscription models. Specific details regarding pricing, renewal terms, and cancellation policies will be provided at the point of purchase.

- **Donations:** We accept voluntary donations via payment gateways such as PayPal and Payfast to support the development and maintenance of our Services. These donations are not refundable.

- **Payment Processors:** We do not store or process payments directly. All payments are processed through third-party services, and their terms and privacy policies apply.

5. Use of Services

You agree to use our Services only for lawful purposes and in accordance with these Terms. Specifically, you agree not to:

- Use the Services for any purpose that is illegal or beyond the scope of their intended use.

- Copy, modify, or distribute the content of the Services without explicit permission.

- Use the Services to transmit any data that contains viruses or any other harmful code.

6. Intellectual Property Rights

The Services and all related content, including software, logos, and trademarks, are the exclusive property of Lyrical Things or its licensors. You are granted a limited, non-exclusive right to access and use the Services for your personal or business use.

7. Termination and Suspension

Lyrical Things may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will cease immediately.

8. Disclaimers and Limitations of Liability

Our Services are provided on an "as is" and "as available" basis. Lyrical Things does not guarantee that the Services will be free from errors or interruptions. To the maximum extent permitted by law, Lyrical Things shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services.

9. Changes to Terms

Lyrical Things reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.

11. Contact Information

If you have any questions about these Terms, please contact us at:

- **Email:** smarttsites@gmail.com

- **Address:** Unit 2B, 67 Wilton Ave, Bryanston, Johannesburg, Gauteng, 2191