Uphold AI Agent Terms of Use

Summary

The artificial intelligence (“AI”) agent (the “Agent”) is an AI-powered tool on third-party messaging platforms (each, a “Messaging Platform”) that allows users to ask questions and receive automated AI-generated responses based on information gathered from various sources. The Agent aims to provide Uphold users and non-users with analysis and insights regarding the assets available on the Uphold platform (the “Uphold Platform”). The Agent is not a registered financial advisor. The Agent is designed for general informational and educational purposes only and is not a source of professional, financial, investment, legal, tax, or accounting advice.

Terms and Conditions

By using or interacting with our AI Agent, you agree to the following Terms of Use (the “Terms”). These Terms form a binding agreement between you (“you” or “User”) and Uphold HQ Inc. or its affiliate that services end customers in your jurisdiction (“we,” “us” or “our”). Your use of the Agent on the applicable Messaging Platform will be deemed as your acceptance of these Terms.

Who can use the Agent?

To use the Agent, you must:

• Be at least 18 years old (or the minimum age in your country to consent to data processing);
• Comply with the applicable Messaging Platform’s Terms of Service andCommunity Guidelines, in addition to any other relevant policies; or
• Not be located in, or acting on behalf of a person or entity located in, a jurisdiction that is subject to sanctions or classified as high-risk under applicable anti-money laundering (“AML”) or counter-terrorism financing (“CTF”) regulations.

Your Use of the Agent; Prohibited Uses

You may use the Agent to ask questions and receive AI-generated responses based on the information you provide. Do not post any personally identifiable information or any private wallet addresses. You agree not to use the Agent for:

• Illegal, abusive or harmful activities;
• Harassment, bullying, or spreading false or misleading information;
• Attempting to access or alter the Agent’s underlying systems or code;
• Generating Output for the purpose of creating or training competing AI models.

We reserve the right to moderate, limit or revoke your access at any time if you violate these Terms or pose a risk to others or the platform. 

Further, to help ensure the lawful and responsible use of this Agent, your input may be monitored and logged. If any input is flagged as potentially involving the evasion of AML obligations or other high-risk or suspicious activity, we reserve the right to share such information with our designated compliance personnel or legal authorities, as appropriate. Your continued use of the Agent constitutes your consent to such monitoring and potential disclosure for compliance purposes.

How the Agent Works

The Agent uses recent messages within a session to provide contextually relevant responses. This allows it to respond more naturally to follow-up questions. However, the Agent does not retain memory of prior sessions, does not build user profiles, and does not store or process Discord usernames beyond the immediate session. All contextual processing ends when the session concludes.

Generated Content

When you interact with the Agent, you may provide data, prompts, messages, or other material (the “Input”) and receive responses generated by the Agent (the “Output”). Together, these are referred to as “Generated Content.” By submitting any Input, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and reproduce that Input (excluding any user-identifying information, such as usernames)solely for the purpose of providing responses and improving the Agent and related services.

You are solely responsible for how you use, share or rely on the Output. We do not guarantee that Output will be unique, factually correct or suitable for your particular use case. You agree not to misrepresent the Output as human-generated, and to clearly disclose AI involvement when appropriate. Further, because the Output is AI-generated, you acknowledge and agree that:

• Output may be inaccurate, incomplete, outdated, offensive or misleading;
• Output may not be unique and could resemble or be identical to Output provided to other users; and
•  While Agent may utilize various sources to obtain objective factual information,Agent does not guarantee 100% accuracy of real-time events, up-to-date market conditions, or individualized financial situations.

NO FINANCIAL OR INVESTMENT ADVICE

THE AGENT DOES NOT PROVIDE PROFESSIONAL, FINANCIAL, INVESTMENT, LEGAL, TAX, OR ACCOUNTING ADVICE. ANY GENERATED CONTENT GENERATED BY AGENT IS FOR INFORMATIONAL OR EDUCATIONAL PURPOSES ONLY. SUCH GENERATED CONTENT SHOULD NOT BE INTERPRETED AS PROFESSIONAL ADVICE. YOU MUST CONDUCT YOUR OWN INDEPENDENT RESEARCH AND DUE DILIGENCE, OR CONSULT WITH YOUR LEGAL OR FINANCIAL PROFESSIONAL BEFORE MAKING ANY INVESTMENT DECISIONS. DO NOT RELY ON THE AGENT AS A SOLE OR AUTHORITATIVE SOURCE. ANY DECISIONS BASED SOLELY ON OUTPUT ARE MADE AT YOUR OWN RISK.

You are solely responsible for how you use, interpret, rely on or share the Output. We make no representations or warranties as to the accuracy, reliability, suitability or appropriateness of any Output for your particular use case. 

Data Use, Privacy, and Your Rights

We process Input and Output to:

• Operate and maintain the Agent and its underlying systems;
• Improve the Agent’s performance and user experience;
• Monitor compliance with our Terms and applicable laws; and
• Meet legal, regulatory, or security obligations.

Data We Collect:

We may collect and process the following categories of data:

• Generated Content (Input and Output);
• Interaction metadata, such as timestamps, language preferences, and message frequency;
• The Agent may temporarily access the Discord username during a session to
  deliver responses, but we do not store or further process usernames or other
  identifiers. All contextual processing is session-based and discarded afterward.

Data Use and Retention:

We do not use your Generated Content to train unrelated AI models or services unless you are clearly notified and provided with an opportunity to opt out. We retain Generated Content only as long as necessary to fulfill the purposes above or to comply with applicable laws. Where possible, data is aggregated, anonymized, or pseudonymized. 

We do not retain or process Messaging Platform usernames beyond the session context. These identifiers are not stored, profiled, or associated with Generated Content for any downstream use.

Sharing and Transfers:

We may share data with:

• Trusted third-party service providers who support the Agent’s infrastructure and operations, under strict contractual obligations.
• Messaging Platforms (e.g., Discord) as required to deliver the Agent’s functionality;
• Government or regulatory bodies when required by law or legal process. 

International Data Transfers: When you interact with our AI Agent on messaging platforms like Discord, your data may be processed by both the messaging platform (under their own privacy terms) and transferred to our AI systems hosted in the United States. If you are located outside the US, this constitutes an international transfer to a jurisdiction that may not provide the same level of data protection as your location. By using the Agent, you consent to this international transfer. You may withdraw consent by ceasing to use the Agent.

Legal Basis (where applicable):

If you are located in a jurisdiction such as the European Economic Area (EEA), United Kingdom, or another country that requires a legal basis for processing, we rely on:

• Your consent, where required (e.g., optional features or communications);
• Performance of a contract, including these Terms;
• Our legitimate interests, including product improvement, fraud prevention, and ensuring platform security; or
• Compliance with legal obligations.

Your Rights and Choices:

Depending on your location, you may have rights under privacy laws, including the right
to:

• Access, correct, or delete your personal data;
• Restrict or object to certain processing activities;
• Withdraw consent where applicable;
• Request data portability.
• Lodge a complaint with your local data protection authority.

You may also opt out of having your Generated Content used to improve the Agent by
contacting us at [email protected] or following instructions in our Privacy Notice.

Children’s Privacy:

The Agent is not intended for users under the age of 18 (or the age of digital consent in your jurisdiction). We do not knowingly collect personal information from minors. 

Third-Party Platform Privacy:

When you use our AI Agent on messaging platforms like Discord, your interactions are also subject to that platform's own privacy policy and terms of service. We recommend reviewing Discord's Privacy Policy at https://discord.com/privacy to understand how they collect, use, and process your data independently of our Agent. We are not responsible for the privacy practices of these third-party platforms.

Questions or Concerns:

For privacy-related inquiries or requests, please contact us at: [email protected] Or refer to our full Privacy Notice for more information.

Termination

• We reserve the right to suspend, restrict, or permanently terminate your access to the Agent, with or without notice, at our sole discretion, including (but not limited to) when:
• You breach these Terms or any applicable law or regulation;
• We are required to do so by any applicable law or regulation;
• Your use of the Agent poses a security, safety, reputational or operational risk to us or to any other users; or
• The Agent is for any reason, discontinued, substantially modified or rendered non-operational.

You may cease using the Agent at any time. Any termination of your access does not relieve you of any obligations (if any) accrued prior to the effective date of termination. 

Disclaimers

THE AGENT INCLUDES EXPERIMENTAL TECHNOLOGY AND MAY SOMETIMES PROVIDE INACCURATE, SUBJECTIVE, OR OFFENSIVE GENERATED CONTENT THAT DOES NOT REFLECT UPHOLD’S VIEWS. FURTHER, THE AGENT AND ANY OUTPUT OR INFORMATION PROVIDED ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We make no guarantees regarding the:

• accuracy, completeness, reliability or usefulness of the Output;
• uptime, availability or 24/7 error-free performance; or
• suitability of the Agent for your particular purposes or expectations.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title. 

Use of our Agent is at your own discretion and risk. You are solely responsible for evaluating the Output, including any reliance on its accuracy or completeness.

Indemnification

If you are using the Agent on behalf of a business or other legal entity, you agree to indemnify us from any third-party claims related to your use of the Agent or to any violation of these Terms.

Amendments

We may update these Terms as the Agent evolves, with or without notice to You. Please check these terms regularly for any updates. Continued use of the Agent means you accept the updated terms.