Terms of Use Agreement

Welcome and thank you for your interest in InfluencorAI, Inc. ("Company", "we", "us" or "our"). This Terms of Use Agreement ("Terms of Use", and together with any applicable Supplemental Terms as defined in Section 1.2, the "Agreement") describes the terms and conditions that apply to your use of (i) the website located at http://influencorai.com/ and its subdomains and any of Company's other websites on which a link to these Terms of Use appears (collectively, the "Website") and (ii) the services, content, and other resources available on or enabled via our Website, including any application programming interfaces ("API") that we make available, our AI influencer generation service, and content creation tools (collectively, with our Website, the "Service").

PLEASE READ THIS AGREEMENT CAREFULLY. IT GOVERNS THE USE OF THE SERVICE AND APPLIES TO ALL VISITORS AND USERS. BY ACCESSING OR USING THE SERVICE IN ANY WAY, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, AND (3) YOU ARE NOT BARRED FROM USING THE SERVICE UNDER THE LAWS YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.

SUBSCRIPTIONS NOTICE.

IF YOU SUBSCRIBE TO THE SERVICE YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT COMPANY'S THEN-CURRENT FEE FOR THE SAME SERVICE UNLESS YOU OPT OUT OF THE AUTOMATIC RENEWAL IN ACCORDANCE WITH SECTION 10.3(a) (AUTOMATIC RENEWAL) BELOW. PLEASE READ SECTION 10 BELOW CAREFULLY FOR ALL DETAILS.

ARBITRATION, CLASS ACTION/JURY TRIAL WAIVER AGREEMENT.

SECTION 17 CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, IT INCLUDES AN AGREEMENT TO ARBITRATE WHICH GENERALLY REQUIRES ALL DISPUTES TO BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 17 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 17.10 BELOW: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

1. DEFINITIONS AND INTERPRETATION.

For purposes of this Agreement, "Account" means your user account with the Service; "Content" means all text, images, videos, audio, software, code, and other materials; "User Content" means Content that you upload, create, generate, or otherwise provide through the Service; and "AI Generated Content" means Content created by the Service using artificial intelligence technology. Company may provide additional terms and conditions that supplement this Agreement for certain Services or features ("Supplemental Terms"). If there is a conflict between this Agreement and Supplemental Terms, the Supplemental Terms will control with respect to that specific Service or feature.

2. ELIGIBILITY AND ACCOUNT REGISTRATION.

You must be at least 18 years of age to use the Service. To access certain features of the Service, you must register for an Account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

3. USE OF THE SERVICES AND COMPANY PROPERTIES.

The Software, the Application, the Website, the Service, and the information and content available on the Website and in the Service and the Application (as these terms are defined herein) (each, a "Company Property" and collectively, the "Company Properties") are protected by copyright laws throughout the world. Subject to the Agreement, Company grants you a limited license to reproduce portions of Company Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Company in a separate license, your right to use any and all Company Properties is subject to the Agreement.

4. USER CONTENT AND AI GENERATED CONTENT.

You retain all ownership rights in your User Content. By uploading or providing User Content to the Service, you grant Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with providing and improving the Service. Subject to the terms herein, you own the AI Generated Content that you create using the Service. You represent and warrant that your User Content does not violate any third-party rights or applicable laws.

5. ACCEPTABLE USE POLICY.

You agree not to use the Service to: (a) create deepfakes or manipulated media intended to deceive; (b) generate non-consensual intimate imagery; (c) engage in or promote illegal activities; (d) harass, threaten, or harm others; or (e) infringe intellectual property rights. Company reserves the right to monitor, review, or remove any content that violates this Agreement.

6. INTELLECTUAL PROPERTY RIGHTS.

Company owns all rights, title, and interest in and to the Service, Company Properties, AI models, algorithms, software, trademarks, logos, and all related intellectual property. Nothing in this Agreement transfers any such rights to you. If you provide suggestions or feedback about the Service, you grant Company a perpetual, irrevocable, worldwide, royalty-free license to use such feedback without compensation.

7. PRIVACY AND DATA PROTECTION.

Your use of the Service is subject to Company's Privacy Policy, available at http://influencorai.com/privacy, which is incorporated into this Agreement by reference. By using the Service, you consent to Company's collection, use, and processing of your data as described in the Privacy Policy.

10. FEES, PAYMENT, AND SUBSCRIPTIONS.

Company offers various Subscription Plans. Fees are charged in advance on a recurring basis. All fees are non-refundable except as expressly provided otherwise. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE. You may cancel your subscription at any time through your Account settings.

11. TERMINATION.

You may terminate this Agreement at any time by closing your Account. Company may suspend or terminate your access to the Service immediately if you breach this Agreement. Upon termination, your license to use the Service immediately terminates.

12. DISCLAIMERS AND WARRANTIES.

THE SERVICE AND COMPANY PROPERTIES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT AI TECHNOLOGY HAS LIMITATIONS AND MAY PRODUCE INACCURATE OUTPUTS.

13. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. COMPANY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO COMPANY IN THE TWELVE MONTHS PRECEDING THE CLAIM.

17. DISPUTE RESOLUTION.

ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. YOU AND COMPANY WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

20. CONTACT INFORMATION.

If you have questions about this Agreement or the Service, please contact InfluencorAI, Inc. at legal@influencorai.com.