Welcome to Article Genie!

These Terms of Service regulate your use of Article Genie's services, encompassing our affiliates, application programming interface, software, tools, developer services, data, documentation, and websites (collectively referred to as "Services"). This agreement includes our Service Terms, Sharing & Publication Policy, Usage Policies, and any supplementary documentation, guidelines, or policies that we may provide in writing. By utilizing our Services, you commit to adhering to these Terms. Our Privacy Policy outlines our practices for collecting and using personal information.

1. Registration and Access

To access the Services, you must be at least 13 years old. If you are under 18, parental or legal guardian consent is required. If you are using the Services on behalf of another person or entity, you must possess the authority to accept these Terms on their behalf. Accurate and complete information is required for account registration. You are responsible for safeguarding your access credentials, and you must not share them outside your organization. Any activities conducted using your credentials are your responsibility.

2. Usage Requirements

(a) Utilization of Services: You are granted a non-exclusive right to use the Services in compliance with these Terms. You must comply with these Terms and all applicable laws while using the Services. Article Genie and its affiliates retain all rights, title, and interest in the Services.

(b) Feedback: We value feedback, comments, ideas, proposals, and suggestions for improvements. When you provide such input, we may use it without restrictions or compensation to you.

(c) Restrictions: You may not:

• Use the Services in a manner that infringes or violates anyone's rights.
• Attempt to reverse engineer, decompile, or uncover the source code of the Services, except as permitted by applicable law.
• Use the output from the Services to create competing models with Article Genie.
• Employ automated or programmatic methods, such as scraping, web harvesting, or web data extraction, to extract data or output from the Services, unless permitted via the API.
• Misrepresent output from the Services as human-generated.
• Buy, sell, or transfer API keys without our prior consent.
• Provide us with personal information of children under 13 years old or the age of digital consent, as applicable. Comply with rate limits and other requirements specified in our documentation. Use the Services only in regions currently supported by Article Genie.
• Third Party Services: Any third-party software, services, or products you use in connection with our Services are subject to their terms, and we are not responsible for third-party products.

3. Content

(a) Your Content: You can provide input to the Services ("Input") and receive output generated based on the Input ("Output"). Together, Input and Output are referred to as "Content." To the extent allowed by applicable law, you own all Input. Article Genie assigns to you its right, title, and interest in Output, enabling you to use Content for various purposes, including commercial ones, as long as you comply with these Terms. Article Genie may use Content for providing and maintaining the Services, legal compliance, and policy enforcement. You are responsible for your Content, ensuring it does not violate applicable law or these Terms.

(b) Similarity of Content: Due to the nature of machine learning, Output may not be unique, and the Services might produce similar output for different users. These common responses are not considered your Content.

(c) Use of Content to Improve Services: We do not use Content from the API to enhance or develop our Services. Content from Services other than the API may be used to improve our Services. If you prefer not to have your Non-API Content used for this purpose, you can opt out by filling out a form, though this may affect the ability of our Services to cater to your specific use case.

(d) Accuracy: Artificial intelligence and machine learning are dynamic fields. We continuously work to enhance the accuracy, reliability, safety, and usefulness of our Services. Since machine learning is probabilistic, some situations may result in incorrect Output that does not accurately reflect real people, places, or facts. It's your responsibility to assess the accuracy of the Output as per your use case, which may include human review.

4. Fees and Payments

(a) Fees and Billing: You must pay all Fees associated with your account according to the pricing terms on our website or as mutually agreed in writing. We have the right to correct pricing errors or mistakes, even if we have already issued an invoice or received payment. You must provide accurate billing information and authorize Article Genie, its affiliates, and third-party payment processors to charge your payment method. Failure to complete payment may result in access suspension, and Fees are due upon invoice issuance. Payments are generally non refundable unless specified otherwise.

(b) Taxes: Fees do not include taxes. You are responsible for any taxes associated with your purchase, except for Taxes based on our net income, which we may invoice you for. You agree to timely pay such Taxes and provide necessary documentation. Article Genie uses your registration information for tax purposes, so ensure this information is accurate.

(c) Price Changes: We may modify our prices by posting notice on our website. Price increases become effective 14 days after posting, with exceptions for legal reasons or Beta Services, which take effect immediately. Any changes in prices apply to Fees charged to your account after the effective date of the changes.

(d) Disputes and Late Payments: If you wish to dispute any Fees or Taxes, please contact support@ArticleGenie.ai within thirty (30) days of receiving the disputed invoice. Past due amounts may incur a finance charge. We may suspend access to the Services for unpaid Fees after providing written notice.

5. Confidentiality, Security, and Data Protection

(a) Confidentiality: You may access Confidential Information from Article Genie, its affiliates, or third parties. You may use Confidential Information solely for the purpose of using the Services as per these Terms. You must not disclose Confidential Information to third parties and should protect it with reasonable care. Confidential Information does not include information that is publicly available, was already in your possession without confidentiality obligations, was disclosed to you by a third party without such obligations, or was independently developed without using Confidential Information. You may disclose Confidential Information when legally required, provided you notify Article Genie and make reasonable efforts to limit disclosure scope.

(b) Security: You must implement reasonable security measures to safeguard your access and use of the Services. If you discover vulnerabilities or breaches related to your use of the Services, you must promptly notify Article Genie and provide details.

(c) Processing of Personal Data: If you process personal data using the Services, you must provide legally compliant privacy notices and obtain necessary consents. You represent that you are processing such data in accordance with applicable law. If you plan to use the Article Genie API for processing "personal data" as defined in GDPR or "Personal Information" as defined in CCPA, you can request to execute our Data Processing Addendum.

6. Term and Termination

(a) Termination and Suspension. These Terms become active upon your initial use of the Services and remain in force until they are terminated. You have the option to terminate these Terms at any time, for any reason, by discontinuing your use of the Services and Content. We, in turn, can terminate these Terms for any reason, providing you with at least 30 days' prior notice. Immediate termination notice to you may occur if you substantially violate Sections 2 (Usage Requirements), 5 (Confidentiality, Security, and Data Protection), 8 (Dispute Resolution), or 9 (General Terms). It can also happen due to changes in relationships with third-party technology providers beyond our control or to comply with legal requirements or government requests. In cases of non-compliance with these Terms or if your use poses a security risk to us or any third party, or if we suspect fraudulent use that might expose us or a third party to liability, we may temporarily suspend your access to the Services.

(b) Consequences of Termination. In the event of termination, you must discontinue your use of the Services and, if instructed by us, either return or destroy any Confidential Information. Sections of these Terms that, due to their nature, should continue beyond termination, will do so. This includes but is not limited to Sections 3 and 5-9.

7. Indemnification, Warranty Disclaimer, and Liability Limits

(a) Indemnification. You agree to defend, indemnify, and hold us, our affiliates, and our personnel harmless from any claims, losses, and expenses (including attorney's fees) arising from or related to your use of the Services, including your Content, the products or services you develop or offer in connection with the Services, and your violation of these Terms or applicable law.

(b) Warranty Disclaimer. THE SERVICES ARE PROVIDED "AS IS." TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, ERROR-FREE, OR THAT ANY CONTENT WILL BE SECURE OR REMAIN UNALTERED.

(c) Limitation of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8. Dispute Resolution

YOU ACCEPT THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

(a) Mandatory Arbitration. Both you and Article Genie agree to settle any past or present claims relating to these Terms or our Services through final and binding arbitration. However, you have the right to opt out of these arbitration terms and any future changes to these arbitration terms within 30 days of agreeing to these arbitration terms or the relevant changes.

(b) Informal Dispute Resolution. Before initiating a formal legal action against Article Genie, you agree to make an effort to resolve the dispute informally. You can do so by sending a notice to support@articlegenie.ai, including your name, a description of the dispute, and the relief you seek. If the dispute is not resolved within 60 days, you may commence a formal proceeding. The 60-day resolution process will toll any statute of limitations. If you reside in the EU, you can access the European Commission's online dispute resolution platform at https://ec.europa.eu/consumers/odr.

(c) Arbitration Forum. Either party may initiate binding arbitration through ADR Services, an alternative dispute resolution provider. The arbitration fees will be shared equally by the parties. If the arbitrator finds that you are unable to pay the arbitration fees and cannot obtain a waiver, Article Genie will cover those fees for you. Article Genie will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(d) Arbitration Procedures. The arbitration will be conducted by telephone, based on written submissions, video conference, or in-person in San Francisco, California, or another mutually agreed location. The arbitration will be conducted by a single arbitrator through ADR Services under its prevailing rules. All matters will be decided by the arbitrator, except for (i) the scope, enforceability, and arbitrability of this Section 8, including the mass filing procedures below, and (ii) whether you have met the pre-arbitration requirements in this section. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator issues the final award, if any.

(e) Exceptions. This arbitration section does not mandate arbitration for the following claims: (i) individual claims filed in small claims court, and (ii) claims for injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement.

(f) No Class Actions. Disputes must be brought on an individual basis, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. If a dispute proceeds in court rather than through arbitration, each party expressly waives any right to a trial by jury in any action, proceeding, or counterclaim. However, this waiver does not prevent either party from participating in a class-wide settlement of claims.

(g) Mass Filings. If, at any time, 30 or more similar arbitration demands are asserted against Article Genie or related parties by the same coordinated counsel or entities ("Mass Filing"), ADR Services will assign sequential numbers to each of the Mass Filings. Claims numbered 1-10 will be the "Initial Test Cases" and will proceed to arbitration first. The arbitrators will issue a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference, unless the claims are resolved or the parties agree to an extension. The parties will then have 90 days (the "Mediation Period") to resolve the remaining cases in mediation based on the awards from the Initial Test Cases. If the parties are unable to resolve the outstanding claims during this time, they may choose to opt out of the arbitration process and proceed in court by providing written notice to the other party within 60 days after the Mediation Period. Otherwise, the remaining cases will be arbitrated in their assigned order. Any statute of limitations will be tolled from the time the Initial Test Cases are chosen until your case is chosen as described above.

(h) Severability. If any part of this Section 8 is found to be illegal or unenforceable, the remaining provisions will remain in effect. However, if a finding of partial illegality or unenforceability would allow Mass Filing or class or representative arbitration, this Section 8 will be unenforceable in its entirety. Nothing in this section will be deemed to waive or otherwise limit the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim from the arbitrator.