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Terms of Service

Last updated: 12/18/2024

 

Welcome to WithAi! These Terms of Service (“Terms”) govern your use of our generative AI software-as-a-service platform (“Service”) provided by WithAI (“we”, “us”, “our”). By accessing or using the Service, you (“User”, “you”, “your”) agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

 

1. Scope of Service

The Service provides generative AI tools designed to assist small and medium-sized businesses (“SMBs”) with sales and marketing activities. This includes, but is not limited to, content generation, data analysis, and customer engagement tools. The Service is provided on a subscription basis and is subject to the limitations and restrictions set forth in these Terms.

 

2. User Accounts

To use the Service, you must create an account. You must meet the following requirements:

  • Be at least 18 years old and have the authority to enter into these Terms on behalf of your business.
  • Maintain the confidentiality of your account credentials and accept responsibility for all activities that occur under your account.
  • Provide accurate, current, and complete information during the registration process and update such information as needed to keep it accurate, current, and complete.

 

3. Subscription and Payment

  • Subscription Plans: The Service is offered on a subscription basis. You may choose from the subscription plans detailed on our website.
  • Payment Terms: Subscription fees are billed in advance on a monthly or annual basis, as selected by you. All fees are non-refundable except as expressly provided in these Terms.
  • Cancellation: You may cancel your subscription at any time, but you will not receive a refund for any prepaid fees.

 

4. Intellectual Property

  • Our Intellectual Property: All intellectual property rights in the Service, including but not limited to software, algorithms, and content provided by us, are owned by WithAI or our licensors.
  • User Content: You retain ownership of any content you upload or input into the Service (“User Content”). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and process your User Content solely for the purpose of providing the Service.
  • AI-Generated Content: Regarding content generated by the Service (“AI-Generated Content”), you are granted a non-exclusive, worldwide, royalty-free license to use such content for your business purposes, subject to these Terms. However, we retain all rights to the underlying AI models and algorithms used to generate such content.

 

5. Data Privacy and Security

We are committed to protecting your privacy and securing your data. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and protect your personal and business information. By using the Service, you consent to our data practices as described in the Privacy Policy.

 

6. User Conduct

You agree to use the Service only for lawful purposes and in compliance with these Terms. You shall not:

  • Use the Service to send unsolicited messages or spam.
  • Attempt to gain unauthorized access to the Service or its related systems.
  • Use the Service to infringe on any third party’s intellectual property rights.
  • Use the Service to harass, threaten, or harm others.
  • Introduce any viruses, malware, or other harmful code into the Service.

We reserve the right to suspend or terminate your account if you engage in any prohibited activities.

 

7. Limitation of Liability

To the maximum extent permitted by law, WithAI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of the Service.

 

8. Indemnification

You agree to indemnify, defend, and hold harmless WithAI, its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or relate to your use or misuse of the Service, your violation of these Terms, or your violation of any rights of a third party.

 

9. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Sheridan, Wyoming.

 

10. Updates to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

 

11. Miscellaneous

  • Entire Agreement: These Terms constitute the entire agreement between you and WithAI regarding the Service and supersede all prior agreements and understandings, whether written or oral.
  • Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
  • Waiver: Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
  • Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

 

 

This Terms of Service ensures a clear legal framework for your use of WithAi, balancing user rights with the protection of our GenAI SaaS platform. If you have any questions, please contact us at support@withai.space.