THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“YOU,” “YOUR” OR “YOURSELF”) AND EZAI, INC, WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED WEBSITE EZAI.IO AND EZAI APP, AND EZAI EXTENSIONS/INTEGRATIONS TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS, AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND/OR THIRD PARTIES (COLLECTIVELY, “THE SERVICE”). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE SERVICE. BY REGISTERING FOR, USING OR OTHERWISE ACCESSING THE SERVICE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. THE SERVICE IS OFFERED AND MADE AVAILABLE ONLY TO USERS 16 YEARS OF AGE OR OLDER. IF YOU ARE NOT YET 16 YEARS OLD, PLEASE DISCONTINUE USING THE SERVICE IMMEDIATELY, OR IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS AND DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER.
1. ACCESS TO THE SERVICE: Subject to certain limitations as described herein, you are granted the right to access our text, files, images, photos, video, sounds, works of authorship, applications, surveys or any other materials (collectively, “Content”) under certain terms and conditions as set forth in this Agreement. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to access any Content. Use of and access to some Content may be subject to an additional fees and/or restrictions. Certain areas and functions of the Service may also require registration.
2. ACCEPTING THE TERMS OF SERVICE AGREEMENT: You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 16, as the Service is not intended for children under 16. If you are under 16 years of age, then please do not use the Service.
4. SERVICE OPERATION: EZAI will make reasonable efforts to keep the Service operational. However, certain technical difficulties, routine site maintenance/upgrades, and any other events outside the control of EZAI may, from time to time, result in temporary Service interruptions. EZAI also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that EZAI shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
5. USER RESTRICTIONS:
5.1 User-Generated Content: By using the Service, you acknowledge and agree that any Content generated through your interaction with the EZAI models via the Service is your property. You can use this content for both personal and commercial purposes. You may distribute, duplicate, reproduce, or otherwise utilize the Content, provided it adheres to ethical, legal, and privacy guidelines as stipulated in this Agreement.
5.2 Prohibited Content: You are not allowed to circumvent or modify any Content protection methods, encourage or assist any other person to do so. You may not use the Service, directly or indirectly, to upload, distribute, transmit, communicate, link to, publish, or access any data, information, or material that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service; and/or (d) infringes any intellectual property, proprietary rights, or confidentiality obligations of others.
5.3 User Responsibilities: You are solely responsible and liable for all activities, behaviors, uses, and conducts in connection with the Service. We bear no liability, and you bear the sole and exclusive risk associated with the use of or reliance on the accuracy, quality, completeness, reliability, or usefulness of any data, information, or material in connection with the Service.
6. THIRD PARTY CONTENT PROVIDERS: In some cases, EZAI derives its rights to use the Content offered on the Service from third party content owners (“Content Providers”) for fixed periods of time. As well, EZAI is sometimes required to pull certain Content off the Service for legal reasons. Therefore, certain Content offered or advertised by EZAI may not be available when you try to access it, and not all Content is available in all countries or territories. Although EZAI makes every effort to ensure the accuracy of all Content Provider information, we make no warranty as to the accuracy of any such information.
7. E-DELIVERY: By using the Service, you consent to the electronic delivery of all documents and notices regarding your account. You also confirm that you have the ability, necessary equipment, and software to access and view any documents or notices we send you. You are entitled to withdraw your consent to electronic delivery at any time by using the following link. Should you withdraw your electronic delivery consent, you are entitled to receive a paper copy of all required notices and documents. Some notices and documents which we are not required to provide you will not be sent to you should you withdraw your consent to electronic delivery.
8. INTELLECTUAL PROPERTY RIGHTS:
8.1 EZAI Property: The content available through the Service, excluding User-Generated Content, is the property of EZAI or its Content Providers and is protected by copyright and other intellectual property laws.
8.2 User-Generated Content: Content generated by users through their interactions with the EZAI models is owned by the user who generated it. You retain full and exclusive ownership of all User-Generated Content, with unrestricted rights to use, reproduce, distribute, and commercialize such content in any way you see fit, subject to compliance with all applicable laws and regulations.
8.3 Trademarks: The EZAI logos and other trademarks are the property of their respective owners. They are owned by, licensed to, or, where required, used with permission by EZAI and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
8.4 Service Ownership: You acknowledge that EZAI retains exclusive ownership of the Service and all intellectual property rights associated therewith, excluding User-Generated Content. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
8.5 Restrictions: You may not frame or mirror any part of the Service, create a database by systematically downloading and storing all or any Content, use any data mining technology, robot, spider, rover, scraper, offline readers, site search/retrieval applications to monitor, cache, frame, mask, extract data from, copy or distribute the Content, or bypass any measures EZAI may use to prevent or restrict access to the Service, without our express prior written consent.
8.6 Infringement Notification: You shall promptly notify EZAI in writing upon discovering any unauthorized use or infringement of the Service or EZAI’s patent, copyright, trade secret, trademarks, or other intellectual property rights. If you believe that any of the Content on the Service violates your intellectual property rights, please send us a message at email@example.com
8.7 Remedies: Unauthorized use or infringement may result in EZAI pursuing all available rights or remedies at law or in equity.
9. REGISTERED USERS: EZAI may request registration information from you before you may access certain areas of the Service. You will provide EZAI with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a username and password, you may not reveal it to anyone else. You may not use anyone else’s username and/or password or allow anyone else to use your username and password to access the Service. You are responsible for maintaining the confidentiality of your accounts, username and passwords, and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your username and/or password, your disclosure of your username and/or password, or your authorization to allow another person to access and use the Service using your username and/or password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorized use of your username, password or account or any other breach of security. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. If you choose a username that, in our sole discretion, is obscene, indecent, abusive or which might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your submissions and/or posts from the Service, deny you access to the Service, or any combination of these options. EZAI may, but is not obligated to, offer interactive features that allow users to, among other things, submit or post content (“User Generated Content”) or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that all User Generated Content or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. By submitting or posting any User Generated Content on, through or in connection with the Service, you hereby grant to EZAI a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Generated Content fully-paid and royalty free in all forms and formats of media now know or in the future created, including, without limitation, distributing part or all of the Service and any User Generated Content included therein. You further agree to a waiver of any ”moral rights,” or any similar rights to any User Generated Content under any jurisdiction. You retain any rights that you may have in your User Generated Content submitted or posted on through or in connection with the Service, subject to the limited license herein. EZAI reserves the right not to post or publish any User Generated Content, and to delete, remove or edit any User Generated Content, at any time in its sole discretion without notice or liability.
11. THIRD PARTY CONTENT POLICY (YOUTUBE, VIMEO, ETC.): Please note that with regard to any content made available on or through the Service which contains or displays a third party logo (i.e. YouTube, Vimeo, etc.) or which is provided via a third party’s player and is hosted on a third party’s servers; EZAI does not have the ability to permanently remove all or any such content from the third party’s servers. Therefore, if you have a complaint concerning any video content made available on the Service that is provided by a third party, you should contact the third party directly in accordance with copyright policies of the third party. If you believe that your work is available on the Service via a third party player in a way that constitutes copyright infringement, please: (1) contact the third party directly in accordance with its copyright policies; and (2) contact EZAI by sending us a notice.
12. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE EZAI WEBSITE, THE EZAI APP, AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS. OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU
13. LIMITATION OF LIABILITY:IN NO EVENT SHALL EZAI, ITS CONTENT PROVIDERS, SUPPLIERS, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EZAI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
14. INDEMNITY: You agree to defend, indemnify and hold us harmless against any losses, expenses, costs, or damages (including our reasonable attorneys’ fees, expert fees, and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement, (b) your use of the Service, and/or (c) the use of the Service by any other person using your username, password and/or account. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
15. CHOICE OF LAW AND CONSENT TO JURISDICTION:The Service is created, operated, and controlled by EZAI in the State of California, United States of America. The laws of the State of California will govern this Agreement without giving effect to any principles or conflicts of laws. Some of the Service and Content are only intended for persons in those states and jurisdictions where such products and services may legally be offered. Accordingly, the Service shall not be considered a solicitation to buy or an offer to sell any products or services to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. DISCLAIMERS & DISCLOSURES: The Service and Content may include inaccuracies or typographical errors. EZAI reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Service, or to deny access to the Service to anyone at any time. You acknowledge and agree that EZAI is not responsible for any User Generated Content posted by users of the Service. Advice received via Service should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Service is at your sole risk. Prior to making any decisions based on information posted on the Service, you are advised to verify the information. EZAI shall not have any liability arising from your acts or decisions based upon the information provided on the Service. When it comes to buying products or services when using the internet, it is recommended that you always conduct your own investigations. This includes buying any products or services offered or sold as part of, or through, the Service. Unless we have stated otherwise, you should always assume that when products or services are made reference to as part of the Service, they are made because there exists a material connection between EZAI and the providers of the products and services displayed. It should be noted that this is not always the case. With regard to insurance, in general, do not cancel any existing policies or accounts until you receive written confirmation that a new policy or account is in effect. Where extracts have been displayed from third party sources or content has been generated and posted by a third party source (i.e. Content Providers, User Generated Content, etc.), these are in no way indicative of any kind of verifiable result, opinion, recommendation or otherwise. You are strongly cautioned to conduct your own due diligence prior to relying on such sources.
18. TERMINATION: EZAI may terminate this Agreement, restrict, suspend or terminate your use of the Service immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us. Without limitation of any other provisions hereof regarding termination, we reserve the right to terminate your use of the Service, without cause, upon reasonable notice. You may terminate this Agreement by ceasing to use the Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service. Termination of this Agreement shall not relieve you of any obligations to pay accrued charges, if applicable.
19. CHANGES OR MODIFICATIONS: We reserve the right to add, delete, change or modify parts of this Agreement at our sole discretion and at any time without notice or liability to you. If we do this, we will post the changes to the Agreement on this page and will indicate the effective date of the Agreement at the bottom of the page. It is important for you to refer to this Agreement from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made. Your continued use of the Service constitutes your acceptance of any new terms and conditions.
Updated as of July 20th, 2023.