1. Introduction
Welcome to Teemuno Pte Ltd. (together with our affiliates,"Company," "we," "our," "us")! Please take a moment to read our Terms of use ("Terms"), which govern access and use of our website (https://gimmefy.ai) and related online or offline services we offer (collectively, the “Service”).
By using our Service, you acknowledge that you have read and understood our Terms and Privacy Policy ("Agreements") and agree to be bound by them. If you disagree with or cannot comply with the Agreements, you may not use the Service.You can contact us at support@gimmefy.ai with any issues so we can try to find an agreeable solution. These Terms apply to all visitors, users, and others who wish to access or use our Service. We retain the right, in our sole discretion, to deny anyone access to the Service at any time and for any reason, including for violation of these Terms. PLEASE SEE SECTIONS 19-21 BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICE, INCLUDING A WAIVER OF RIGHTS TO A JURY TRIAL OR CLASS ACTION.
You represent that you are of legal age to form a binding contract with us, and to the extent you are using our Service on behalf of an organization, you represent that you are authorized to accept our Terms on behalf of the organization (and references to “you” or “your” in our Terms are understood to apply to both you and your organization). If you entered into a separate executed agreement with us, the terms of that agreement will control in the event of any conflict.
2. Communications
By creating an account on our Service, you agree to receive newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving these communications by following the unsubscribe link or emailing us.
3. Purchases and Subscription Credits
If you wish to purchase a subscription plan or other product/service through our Service ("Purchase"), you will receive credits that can be used to perform various tasks within the platform. Credits expire twelve (12) months after the date of purchase except to the extent expressly provided otherwise.You may be asked to provide certain information relevant to your Purchase, including your credit card number, expiration date, billing address, and shipping information.
By making a Purchase, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods in connection with the Purchase, (ii) the information you provide is accurate and complete, and (iii) you agree to pay all charges at the prices then in effect for your purchases and any applicable sales tax and shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. No purchases are intended for resale without our express authorization. We may store a tokenized copy of your payment information for future transactions if you permit. If your selected payment method is cannot be charged for any reason (e.g., expired), you authorize us to use any other payment method associated with your account.
We may use third-party services to facilitate payments and complete Purchases. By submitting your information, you grant us the right to provide this information to these third parties in accordance with our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons such as product or service availability, errors in the description or price, errors in your order, or other reasons, even if we have already requested or received payment.We reserve the right to refuse, suspend and/or cancel your order if we suspect fraud or an unauthorized or illegal transaction.
We reserve the right to modify our Terms at our sole discretion including without limitation the number of credits provided, the tasks that can be performed using credits, or impose usage restrictions per hour, regardless of previous commitments at the time of subscription. These changes are aimed to safeguard the interests of all users and ensure equal access to our Service, comply with our policies and/or any regulations that may apply to our Service.
4. Campaigns and Promotions
Contests, sweepstakes, or other promotions (collectively, "Promotions") made available through our Service may be governed by certain rules in addition to these Terms, which will be posted with the Promotion. If you participate in any Promotions, please review the posted rules. In the event of any conflict between a Promotion’s rules and these Terms, the Promotion rules will govern.
5. Subscriptions and Billing
Certain features of our Service are billed on a subscription basis ("Subscription(s)"). Subscriptions will be billed in advance on a recurring and periodic basis, either monthly or annually, based on the subscription plan you select during the purchase.
At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you or we cancel it. You may cancel your Subscription renewal through your online account management page or by contacting our customer support team.By submitting payment information for an initial Subscription, you authorize us to charge Subscription fees during each billing cycle and renewal period through your account’s payment information.
If automatic billing fails for any reason, we may cancel your paid Service or issue an electronic invoice, indicating that you must manually proceed with the full payment for the billing period within a specified deadline as indicated on the invoice.
6. Free Trial and Trial Credits
We may, in our sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"), which includes a certain number of free credits. Please note that the number of free credits offered may change at any time.
To sign up for the Free Trial, you may be required to provide your billing information. If you do enter your billing information when signing up for the Free Trial, you will not be charged for the Free Trial period. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected for your Free Trial.We reserve the right, at any time and without notice, to modify or cancel the Free Trial.
7. Promo Code Pricing
Promotional codes may only apply for a new user on specific plans. Based on promo details, the prevailing pricing will take effect automatically after the promo period stipulated. Promotional discount is only applicable to the first user in an organization, regular pricing will apply for subsequent users.
8. Fee Changes
In our sole discretion and at any time, we may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the next Billing Cycle.Your continued use of the Service after a Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
9. Refunds
We do not offer refunds. Unused credits expire in accordance with our policy, which may be subject to change.ALL PURCHASES THROUGH OUR SERVICE ARE FINAL AND NON-REFUNDABLE EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE.
10. Fair Usage Policy (FUP)
To provide a high-quality, fast, and reliable service, we have a Fair Use Policy (FUP) in place. This policy aims to prevent excessive use of our Service and ensure a fair and optimal experience for all users. We expect every user to use our paid Service in a reasonable and responsible manner.Please note that the Fair Usage Policy may be subject to change from time to time.
Our Fair Usage Policy allows genuine users to fulfill their daily and monthly usage requirements comfortably, while ensuring the provision of our Service remains fair and equitable for everyone. Overusing the Service by one user may affect the usage speed and quality for other users.
By using our Service, you commit to choosing a plan that aligns with your profession and business needs. If you have very high usage, you should either switch to a higher plan commensurate with that usage level, ask us for a custom plan, or use our business API.
We aim to prevent automated and robotic behavior, ensuring the safety of our service and that of our partners. We may restrict access or impose limitations on usage if we detect unfair usage or patterns that may negatively affect the quality of service for our users. Our system may identify and adjust certain parameters temporarily based on abnormal, heavy usage patterns within a short period of time. When such activity is detected, you might notice a decline in the output quality, which typically resolves with the renewal of your monthly cycle.
Additionally, sharing your account login details with others or allowing multiple users to use a single login account is strictly prohibited. If we detect such behavior or any abnormally high usage, your account may be blocked or permanently deleted without notice. No claims in this regard will be accepted, and no refunds will be issued. By using our Service, you agree that any claim or dispute raised by you or your bank in this regard will be automatically rejected to the maximum extent permitted by law.
11. Prohibited Uses
You agree to use the Service only for lawful purposes and in accordance with these Terms. The following activities are strictly prohibited:
a. Violating any applicable national or international law or regulation.
b. Exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
c. Transmitting, or procuring the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
d. Impersonating or attempting to impersonate the Company, a Company employee, another user, or any other person or entity.
e. Infringing upon the rights of others, engaging in any illegal, threatening, fraudulent, or harmful activity, or using the Service for any unlawful purpose or activity.
f. Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm or offend the Company or users of the Service, or expose them to liability.
g. Generating sexual, religious, political or inappropriate content, as our AI service provider "Open AI" prohibits such content. If you attempt to generate this content, you will receive an "Unsafe Content" error message as a final warning. Repeated attempts may lead to the cancellation of your subscription, barring you from using our Service, and no refunds will be issued.
h. Using the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real-time activities through the Service.
i. Using any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring, ‘scraping’ or copying any material on the Service.
j. Using any manual process to monitor or copy any material on the Service or for any other unauthorized purpose without our prior written consent.
k. Using any device, software, or routine that interferes with the proper working of the Service.
l. Introducing any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
m. Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service, or attempting to disable any licensing or control features of the Service.
n. Attacking the Service via a denial-of-service attack or a distributed denial-of-service attack.
o. Taking any action that may damage or falsify the Company's rating.
p. Otherwise attempting to interfere with the proper working of the Service.
q. Engaging in activity to decompile, reverse engineer, disassemble, modify, reduce the Service to human readable form or create derivative works based upon the Service or any part thereof.
r. Accessing or using the Service by means of any automated program, expert system, electronic agent or “bot” without our express consent.
s. Using the Service or its output to train any AI tool or program.
12. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service. For more information, please see our Privacy Policy.
13. No Use By Minors
The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and have the full authority, right, and capacity to enter into this agreement and abide by all the terms and conditions of these Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Service.
14. Accounts
When you create an account with us, you represent that any information you provide to us is accurate, complete, and that you will keep it current at all times. Inaccurate, incomplete, or obsolete information may result in termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
15. Intellectual Property
Subject to your compliance with these Terms, we grant you a revocable non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Service and generate User Content solely for your personal and associated business’s purposes in accordance with our Terms and other instructions. Other than the limited license expressly granted by us, you have no other rights, title or interest in the Service or any content therein, and any rights not specifically granted to you by us are fully reserved by us and our licensors, as applicable.
The Service and all of its content (excluding User Content as provided below), features, and functionality are and will remain the exclusive property of our Company and licensors. Except as provided herein, our Service and content may not be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without prior written permission from us or the third party owner. The Service is protected by copyright, trademark, and other applicable laws. Our trademarks may not be used in connection with any product or service without our express prior written consent.
16. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@gimmefy.ai, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims". You may also notify us at support@gimmefy.ai in similar fashion with respect to any other Infringement issues.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
17. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
18. Error Reporting and Feedback
You may provide us either directly at support@gimmefy.ai or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sublicensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) Feedback in any manner and for any purpose, and without any liability or payment of any kind to you.
19. Links To and From Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.We strongly advise you to read the Terms of Service and Privacy Policies of any third-party websites or services that you visit.
You may link to our website pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Service may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Service; send communications with certain content, or links to certain content, using the Service; or cause limited portions of content on the Service to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Service or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Service that is inconsistent with these Terms. We may disable any social media features and any links at any time without notice in our sole discretion.
20. Disclaimer Of Warranty
We cannot guarantee the Service will be available at all times. Although it is our intention for the Service to be available as much as possible, there may be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We may change, modify, or remove portions of the Service at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. Content removed from the Service may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order or similar legal process. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service.
THE SERVICE IS PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, THE CONTENT, AND ANY OTHER SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
WITHOUT LIMITATION OF THE FOREGOING AND IN ADDITION TO THE OTHER DISCLAIMERS SET FORTH ELSEWHERE IN THESE TERMS, WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE SERVICE OR CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SERVICE AND CONTENT, INCLUDING WITHOUT LIMITATION AS A RESULT OF (i) ANY ERROR, OMISSION, DELETION OR DEFECT THEREIN, OR (ii) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE THEREOF, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE (i) THAT ANY PORTION OF THE SERVICE OR CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (ii) THAT ACCESS TO THE SERVICE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRECEDING SHALL EQUALLY AND FULLY APPLY TO ALL SERVICES, CONTENT OR OTHER PRODUCTS MADE AVAILABLE BY US (OR OTHERS) THROUGH THE SERVICE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED , AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” These Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. We reserve all rights, defenses and permissible limitations under the law of your state of residence.
21. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
22. Governing Law, Jurisdiction and Dispute Resolution
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Transaction Act (UCITA) are expressly excluded from these Terms and the Service.
We are reachable via the contact information at the end of these Terms to address any concerns you may have regarding your use of the Service. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to you initiating any legal proceeding against us.
For all customers located in the United States: You agree that these Terms are entered into between you and our US affiliate,Gimmefy, Inc., and the laws of the State of Massachusetts, excluding its conflicts-of-law rules, shall govern these Terms and the Service, in connection with any dispute and including any claim involving us or our affiliates. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN BOSTON, MASSACHUSETTS IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORM NON CONVENIENS OR OTHER REASON.
For all customers located outside the United States: You agree that these Terms are entered into between you and Teemuno Pte Ltd.,and the laws of Singapore without regard to its conflict of law provisions shall govern these Terms and the Service, in connection with any dispute and including any claim involving us or our affiliates. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT COURT LOCATED IN SINGAPORE IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORM NON CONVENIENS OR OTHER REASON.
YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY JUDICIAL PROCEEDING. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one party’s claims or otherwise preside over any form of a representative or class proceeding.
You agree that any unauthorized use of the Service or our intellectual property and other content will result in irreparable injury to us, for which money damages would be inadequate. Therefore, in such event, we have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you and to prevent any unauthorized use in any court of competent jurisdiction. Nothing contained in this section or elsewhere in these Terms shall be construed to limit remedies available pursuant to statutory or other claims that we may have under separate legal authority.
23. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.If you wish to terminate your account, you may simply discontinue using the Service.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
24. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
25. User Content and User Responsibility for Generated Content
The Service we provide may allow users to post, submit, publish, display, or transmit (collectively, “post”) information, images, links and other content or materials (collectively, “User Content”) on or through the Service. Except to the extent otherwise agreed-upon or acknowledged in writing by us, you represent and warrant that: (a) all of your User Content complies with these Terms; (b) you own or have all necessary rights to the User Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms; (c) you will pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Service; (d) you understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not us, have fully responsibility for such materials, including its legality, reliability, accuracy, and appropriateness; and (e) we are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Service. We are not a backup service and you agree that you will not rely on the Service for the purposes of storing User Content. We will not be liable to you or third-party beneficiaries for any modification, suspension, or discontinuation of the Service, or the loss of any User Content.
You hereby grant us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties the User Content that you post through the Service or otherwise provide to us for purposes of the Service and subject to our Privacy Policy. While we implement commercially-reasonable security measures designed to protect User Content in our Service, the Service may be subject to a compromise of security and we do not guarantee that any User Content or other information you provide will be kept confidential in such circumstances.
We may train and use AI tools with user information and User Content for certain business purposes, such as to improve and enhance our Service, analyze customers’ experiences and activities with us, to improve the efficiency, quality, and speed of our business operations, to support communications with customers (such as a chatbot), to generate business content, and to provide more personalized experiences and targeted marketing, but we don’t use AI tools in any manner that could be expected to negatively impact customers in a material or unlawful manner.
The Service may be supported by advertising revenue and may display advertisements and promotions, and you agree that we may place such advertising and promotions through the Service. We may not always expressly identify promoted services or contentas such.
You acknowledge that we are not responsible for User Content. We do not pre-screen, monitor, review or edit the User Content, although we have the right (but not the obligation) at our sole discretion to refuse or remove any such content, in whole or part, that, in our sole judgment, does not comply with these Terms or is otherwise undesirable, inappropriate or inaccurate. We are not responsible for any failure, non-failure or delay in removing such User Content. You agree to immediately notify us of any unauthorized use of the User Content, or any other breach of security known or suspected by you. Please exercise common sense and your best judgment when posting User Content or any personal or other information.
YOU, AS THE USER OF THE SERVICE, ARE SOLELY RESPONSIBLE FOR THE USE AND APPLICATION OF ANY CONTENT GENERATED BY OUR PLATFORM. We are not liable for any consequences, damages, or losses that may arise from your use, sharing, or distribution of such generated content. By using our platform, you acknowledge that you are responsible for ensuring compliance with applicable laws, regulations, and policies related to the generated content and its use.
It is your responsibility to review and assess the content generated by our Service and determine its appropriateness for your intended purposes. We do not endorse, promote, or encourage any specific uses of the generated content, and you agree to indemnify, defend and hold us harmless for any consequences resulting from your use of the content provided by our platform.
26. Amendments To Terms
We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
27. Waiver And Severability
No waiver by the Company of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
28. Acknowledgement and Electronic Communications
By using the Service or other services provided by us, you acknowledge that you have read these Terms of Service and agree to be bound by them.You consent to receive communications from us through electronic means (e.g., email), and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and/or on the Service, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES IN CONNECTION WITH ANY BINDING TERMS OR CONTRACTS IN CONNECTION WITH THE SERVICE. You hereby waive any rights or requirements under any applicable laws which require an original signature or delivery or retention of non-electronic records.
We make no representation that content or materials in the Service are appropriate or available for use in other jurisdictions. Access to any of the Service from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Service from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
29. Contact Us
Please send your feedback, comments, and requests for technical support by email to support@gimmefy.ai or on our site at https://gimmefy.ai/contact-us.
These Terms were last updated July 25, 2024.