Terms of Service
Effective Date: January 1, 2025
Own Your AI Inc. (“Company,” “we,” “us,” or “our”)
Acceptance
By accessing or using our services, you agree to these Terms of Service (“Terms”). If you are using our services on behalf of an organization, you represent that you have authority to bind that organization to these Terms. If you do not agree, do not use our services.
Services
We provide artificial intelligence platform services, custom development, and related technology solutions. Our services may be modified, updated, or discontinued at any time without notice. We make no guarantees regarding availability, functionality, or performance.
Eligibility
Our services are available worldwide to individuals 18 years or older, or at least 13 years of age with guardian approval. You are responsible for ensuring that anyone accessing services through your account meets eligibility requirements.
Your Responsibilities
You agree to use our services lawfully and responsibly. You warrant that all data, content, and materials you provide to us (“Inputs”) are owned by you or you have all necessary rights to provide them, do not infringe any third-party rights, and comply with all applicable laws. You are responsible for all activity under your account, including actions by any users you authorize. You are responsible for maintaining the security of your account credentials.
You shall not provide any sensitive personal data including protected health information, payment card data, biometric data, or classified information without a separate written agreement specifically authorizing such use.
You shall maintain the confidentiality of our pricing, proposals, technical methods, and any other proprietary information disclosed to you. You shall not disclose such information to any third party without our prior written consent.
You shall not use our services, Outputs, or any information derived therefrom to develop, train, improve, or provide data for any artificial intelligence, machine learning system, or competing product or service. You shall not systematically access, scrape, harvest, or collect Outputs or data from our services for any purpose other than your direct internal use as intended. You shall not use our services to build products or services that compete with any of our offerings.
Data and Content
By using our services, you grant us a worldwide, royalty-free, perpetual license to use, process, store, analyze, and derive insights from your Inputs to provide, maintain, and improve our services. For our generally available services, this license includes the right to use such data to develop and improve our technology and artificial intelligence systems. Data provided under separate Statements of Work or Master Service Agreements is governed by those agreements. All Outputs generated through our services are our property, licensed to you solely for your internal use as permitted herein. We utilize third-party service providers to deliver our services. We are not responsible for their availability, performance, or actions.
Any feedback, suggestions, or ideas you provide regarding our services become our property and may be used without compensation or attribution to you.
Intellectual Property
We retain all rights, title, and interest in our services, platform, technology, methods, and intellectual property. Unless expressly stated in a separate written agreement, no rights are transferred to you. You shall not reverse engineer, decompile, disassemble, or attempt to derive source code or underlying methods from our services.
All Outputs are provided on a limited, non-exclusive, non-transferable license for your internal use only. You acquire no ownership, intellectual property rights, or proprietary interest in any Outputs. To the extent any intellectual property rights exist in Outputs, such rights are retained by us or our licensors. You shall not claim ownership, copyright, or any intellectual property rights in Outputs. Our underlying models, algorithms, training data, methods, and improvements derived from providing services remain our exclusive property regardless of any Inputs you provide or Outputs you receive.
Payment
Fees for our services may include subscription fees, usage-based fees, or project-based fees as specified. All fees are non-refundable unless expressly stated otherwise. We may adjust pricing at any time; continued use after notification constitutes acceptance. Our usage data and systems are authoritative for determining usage-based charges.
Artificial Intelligence Disclaimer
OUR SERVICES UTILIZE ARTIFICIAL INTELLIGENCE WHICH IS INHERENTLY IMPERFECT. OUTPUTS MAY CONTAIN ERRORS, INACCURACIES, OR INAPPROPRIATE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, VERIFYING, AND VALIDATING ANY OUTPUTS BEFORE USE. OUR SERVICES SHALL NOT BE USED FOR MEDICAL, LEGAL, FINANCIAL, SAFETY-CRITICAL, OR OTHER HIGH-STAKES DECISIONS. WE MAKE NO REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OUTPUTS. YOU ASSUME ALL RISK ASSOCIATED WITH USE OF OUTPUTS.
No Warranties
OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT OUTPUTS DO NOT INFRINGE THIRD-PARTY RIGHTS. WE MAKE NO REPRESENTATIONS REGARDING COMPLIANCE WITH ANY LAWS, REGULATIONS, OR INDUSTRY STANDARDS INCLUDING HIPAA, SOX, GDPR, OR ANY AI-SPECIFIC REGULATIONS. REGULATORY COMPLIANCE IS SOLELY YOUR RESPONSIBILITY.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY.
OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE LESSER OF (A) FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) FIVE THOUSAND DOLLARS ($5,000 USD).
Your Liability and Indemnification
The limitations of liability set forth above apply solely to our liability to you. Your liability to us is not limited by these Terms. Without limitation, you shall be fully liable for: infringement or misappropriation of our intellectual property; unauthorized access, copying, or distribution of our platform, technology, or methods; use of our services, Outputs, or derived information to develop, train, or improve any artificial intelligence, machine learning system, or competing product; systematic scraping, harvesting, or collection of Outputs or data from our services; breach of confidentiality or disclosure of our pricing, proposals, or proprietary information; all payment obligations; any violation of the prohibited uses or restrictions in these Terms; and any willful misconduct or gross negligence.
You agree to indemnify, defend, and hold harmless Own Your AI Inc., its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: your Inputs or Outputs infringing or allegedly infringing any third-party rights; your use of our services in violation of these Terms or applicable law; any third-party claims resulting from your use of our services; or your breach of any representation or warranty in these Terms.
Term and Termination
These Terms remain in effect while you use our services. We may terminate or suspend your access at any time, for any reason, without notice. You may stop using our services at any time. Upon termination, your rights to use our services cease immediately. Provisions that by their nature should survive termination shall survive, including intellectual property, limitation of liability, your liability and indemnification, and dispute resolution.
Dispute Resolution
General Disputes: Except as provided below, any dispute arising from or relating to these Terms or our services shall be resolved by binding arbitration administered by the American Arbitration Association under its Expedited Procedures. Arbitration shall be conducted entirely remotely via written submissions only; no hearings, telephone conferences, or video conferences shall be permitted. Discovery is limited to document exchange. The arbitrator shall be mutually agreed upon by the parties. The arbitrator shall render a decision within ninety (90) days. The arbitrator’s decision is final and non-appealable.
Total combined arbitration costs, including filing fees, administrative fees, and arbitrator compensation, shall not exceed $2,500 USD; any excess costs shall be borne by the party that incurred them.
For general disputes subject to arbitration, the arbitrator’s authority is limited to awarding monetary damages not exceeding the limitations set forth in these Terms. The arbitrator shall have no authority to award injunctive relief, specific performance, or any non-monetary remedy. The arbitrator shall have no authority to order modifications to our services, operations, or business practices. Any award or settlement shall not constitute an admission of liability or wrongdoing.
Excluded Claims: Notwithstanding the foregoing, the following claims are excluded from arbitration and may be brought in any court of competent jurisdiction in Delaware: (a) claims by us for infringement or misappropriation of intellectual property; (b) claims by us for breach of confidentiality; (c) claims by us for unauthorized access, copying, or distribution of our platform, technology, or methods; (d) claims by us for use of our services to develop competing products or to train artificial intelligence or machine learning systems; (e) claims by us for systematic scraping, harvesting, or collection of data from our services; (f) claims by us seeking injunctive or equitable relief; and (g) claims by us to enforce payment obligations. For excluded claims, we retain all rights and remedies available at law or equity, including injunctive relief, and the limitations of liability set forth in these Terms shall not apply to your liability for such claims.
General Provisions: You waive any right to participate in class actions, class arbitrations, or representative actions. All claims must be brought individually. You waive any right to a jury trial. Except for excluded claims brought by us, any claim must be brought within one (1) year of the event giving rise to the claim, or be permanently barred. For disputes subject to arbitration, you are responsible for all arbitrator fees and arbitration costs unless applicable law requires otherwise.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to conflict of law provisions.
General Provisions
Document Hierarchy: In the event of a conflict between these Terms and a separate written Statement of Work, Master Service Agreement, or other written agreement signed by both parties, the terms of such separate agreement shall prevail solely with respect to the subject matter of that agreement. For all matters not expressly addressed in such separate agreement, these Terms shall apply.
Severability and Reformation: If any provision of these Terms is found unenforceable, it shall be reformed to the minimum extent necessary to make it enforceable while preserving its intent and our interests to the maximum extent possible. The remaining provisions shall continue in full force. Any ambiguity shall be construed in our favor.
Entire Agreement: These Terms constitute the entire agreement between you and us regarding our services, superseding any prior agreements. You acknowledge that you have not relied on any representations outside these Terms.
Modifications: We may modify these Terms at any time by posting updated terms. Your continued use of our services after modifications constitutes acceptance. We are not obligated to notify you of changes.
Assignment: You may not assign or transfer any rights under these Terms without our prior written consent. We may assign our rights freely without restriction or notice.
No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights.
Force Majeure: We are not liable for any failure to perform due to circumstances beyond our reasonable control.
Contact
Questions regarding these Terms may be directed to: support@ownyourai.com
Own Your AI Inc.
Vancouver, British Columbia, Canada