(a) Your Contribution to the Content: When you interact with My AI Solutions, you may provide inputs (“Input”) to our Services and receive corresponding outputs (“Output”) based on your Input. Both Input and Output are collectively referred to as “Content.” You hold responsibility for this Content, ensuring it complies with applicable laws and these Terms. You affirm that you possess all necessary rights, licenses, and permissions required to submit Input to our Services.
(b) Content Ownership: Regarding ownership of Content, to the extent allowable by law, the following applies: (a) You maintain your ownership rights over the Input. (b) You gain ownership of the Output. My AI Solutions assigns to you all our rights, interests, and titles in the Output, if any.
(c) Nature of Content: Due to the inherent characteristics of our Services and artificial intelligence as a field, the Output generated may not be unique. Other users may receive Output similar to yours. Our assignment of rights to you does not cover Output generated for other users or any third-party Output.
(d) Usage of Content by My AI Solutions: We may utilize the Content for various purposes such as enhancing and maintaining our Services, adhering to legal requirements, enforcing our terms and policies, and ensuring the safety of our Services.
(e) Opt-Out Option: If you prefer that we do not use your Content for training our models, you have the option to opt-out. Instructions for this are available in our Help Center article. Be aware that opting out might limit our Services’ ability to tailor solutions specifically for your use case.
(f) Accuracy and Reliability: The fields of artificial intelligence and machine learning are continuously evolving. We are dedicated to improving our Services for greater accuracy, reliability, safety, and utility. However, due to the probabilistic nature of machine learning, the Output from our Services may not always accurately represent real individuals, places, or factual data.
By using our Services, you acknowledge and agree that:
(i) Output may not always be precise or accurate. It is advisable not to solely rely on the Output from our Services for factual information or as a substitute for professional judgment. (ii) It is your responsibility to assess the accuracy and suitability of the Output for your specific needs, including conducting human review where necessary, before utilizing or distributing the Output from the Services. (iii) You must refrain from using any Output pertaining to an individual for purposes that could significantly impact that person, such as in decisions related to credit, education, employment, housing, insurance, legal matters, medical care, or other crucial judgments. (iv) The Services may produce Output that is incomplete, incorrect, or offensive and does not reflect the views of My AI Solutions. Additionally, if the Output refers to any third-party products or services, it does not imply endorsement or affiliation with My AI Solutions.
Payments
(a) Payment Terms: For the services you use from My AI Solutions, you agree to pay all applicable fees (“Fees”) as stated on the relevant pricing page or as mutually agreed in writing. We reserve the right to correct any pricing errors or mistakes, even after invoicing or receiving payment. You must provide accurate billing information, including a valid and authorized payment method. We will charge your payment method periodically as agreed, although the specific charging date may be subject to reasonable changes. By using our services, you authorize My AI Solutions, its affiliates, and our designated third-party payment processors to charge the Fees to your payment method. If a payment fails, we will notify you in writing and may suspend your access to the Services until the payment is made. Fees, payable in U.S. dollars, are due upon invoice and are nonrefundable, except as explicitly stated in this Agreement.
(b) Tax Responsibilities: Unless specified otherwise, Fees do not include any taxes, duties, or similar assessments (“Taxes”). You are responsible for all Taxes related to your purchases, except for those based on our net income. We may bill you for these Taxes, and you agree to pay them promptly and provide necessary documentation of payment or any additional information we may reasonably request. For tax purposes, the name and address in your account registration are used as the place of supply, so it’s important to keep this information current and accurate.
(c) Changes in Pricing: We may adjust our prices, which will be communicated via your account and/or our website. Price increases become effective 14 days after posting, except for those due to legal reasons or changes to Beta Services (as defined in our Service Terms), which are effective immediately. Any price changes will apply to the Fees for your account from the effective date of these changes.
(d) Dispute Resolution and Late Payments: If you wish to dispute any Fees or Taxes, please contact us within 30 days of the invoice date. Late payments on undisputed amounts may incur a finance charge of 1.5% per month on the unpaid balance. We may suspend your access to the Services for any overdue Fees, following written notification of the late payment.
(e) Usage of the Free Tier: The free tier of our Services is limited to one account per user. Misuse or exploitation of the free tier, in our judgment, may result in standard fees being charged or termination of access to the Services.
Limitations on Liability
(a) Indemnification Obligations: As a user of My AI Solutions’ services, you agree to defend, indemnify, and hold harmless My AI Solutions, its affiliates, and their respective personnel against any claims, damages, losses, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) that may arise from or in connection with your use of our Services. This includes responsibilities related to your Content, any products or services you develop or offer in conjunction with our Services, and any breach of these Terms or violations of applicable law. This indemnification covers, without limitation, any claim alleging facts that, if true, would constitute a breach of these Terms by you and includes situations where you have been negligent or have engaged in willful misconduct in your use of our Services.
(b) Disclaimer of Warranties: My AI Solutions provides its Services on an “AS IS” basis. To the maximum extent permitted by applicable law, neither My AI Solutions nor its affiliates and licensors make any representations or warranties of any kind, whether express, implied, statutory, or otherwise, regarding the Services. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing, usage, or trade practice. We do not warrant that the Services will function without interruptions, be error-free, or that the content, including your Content, will be secure, or not be lost or altered. You acknowledge that reliance on any aspect of the Services is at your own risk.
(c) Limitation of Liability: In no event will My AI Solutions, our affiliates, or our licensors be liable for any indirect, incidental, special, consequential, or exemplary damages, regardless of the type of claim or the nature of the cause of action, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses. This applies even if we have been advised or should have known of the possibility of such damages. In addition, our aggregate liability under these Terms will not exceed the greater of the amount you paid to us for the Services that are the subject of the claim in the 12 months preceding the occurrence of the liability, or one hundred dollars ($100). These limitations apply to the fullest extent permitted by applicable law and shall survive any termination or expiration of these Terms or your use of our Services. This limitation of liability is fundamental to the agreement between you and My AI Solutions and the Services would not be provided without such limitations.
Indemnity
If you are representing a business or organization and using our Services in that capacity, you are required to adhere to a specific set of legal responsibilities, particularly in the area of indemnification, as allowed by applicable law. This section outlines these responsibilities in greater detail for My AI Solutions:
- Scope of Indemnification: You agree to indemnify, defend, and hold harmless My AI Solutions, its affiliates, and their respective personnel from any and all claims, demands, losses, liabilities, and expenses, including reasonable attorneys’ fees, arising from or in any way related to your use of the Services. This indemnification extends to any actions or omissions by you or your organization that might give rise to such claims.
- Covered Claims: The types of third-party claims covered under this indemnification include, but are not limited to:
- Claims alleging that your use of the Services has infringed upon, misappropriated, or violated the intellectual property rights, privacy rights, or any other rights of a third party.
- Claims arising from your breach of these Terms, including any representations, warranties, or covenants contained herein.
- Claims stemming from any product or service developed or offered by your business or organization in connection with the Services.
- Claims resulting from any unauthorized or improper use of the Services by you or anyone using your account.
- Process of Defense and Settlement: In the event of a claim that is subject to indemnification under these Terms, My AI Solutions will provide you with prompt written notice of the claim. You will have the right to control the defense and settlement of the claim, subject to My AI Solutions’s right to participate with counsel of its own choosing. Furthermore, you may not settle any claim in a manner that admits fault or wrongdoing on the part of My AI Solutions without My AI Solutions’s express written consent.
- Coverage of Expenses: The indemnification you provide includes all reasonable legal fees and other expenses incurred by My AI Solutions and its affiliates in connection with the defense against these third-party claims. It is your responsibility to cover these costs, even if the claims are ultimately found to be without merit.
- Limitations: While this indemnification is broad, it is subject to the limits of applicable law. In some jurisdictions, certain indemnifications may not apply or may be limited in scope.
By agreeing to these Terms, you are accepting these responsibilities as a fundamental part of the agreement between your business or organization and My AI Solutions, recognizing the potential risks and liabilities that can arise from the use of advanced AI services. This indemnification is designed to protect My AI Solutions and its affiliates from costs and damages that could arise from your actions or from the nature of the services provided.
General Terms