Terms of Service

1. XerpaAI Account and Services Provided

1.1 Account Requirements

Access to growth analytics features and marketing automation capabilities requires an account. When creating an account, you must provide truthful, complete, accurate, and current information. It is important that you maintain and promptly update your account details and any other information you provide to us to keep such information current, accurate, and complete.

1.2 Age Requirements

You confirm that you are at least 13 years old and meet the minimum digital consent age requirements in your country/region. If you have reached the age to access the Service in your country/region but have not yet reached the age to consent to our terms, your parent or guardian must consent to our terms on your behalf.

Please ask your parent or guardian to read these terms with you. If you are a parent or legal guardian and you allow your teenager to use the Service, then these terms also apply to you, and you are responsible for your teenager's activities on the Service.

1.3 Account Security and Responsibility

You are solely responsible for:

• Maintaining the security and confidentiality of your account login details
• All activities on the platform that occur under your account or through use of your account
• Any losses resulting from or arising from unauthorized third-party access to your account

2. Intellectual Property and Content Ownership

2.1 Ownership of Generated Content

As between you and us, subject to your compliance with these terms, you own the inputs you upload and the outputs generated in response (collectively "Assets").

2.2 License Grant

You grant us a perpetual, irrevocable, worldwide, non-exclusive, transferable, royalty-free, and sublicensable right and license to use your Assets for any purpose. This license continues after our agreement with you terminates or expires for any reason.

In these terms, "use" means: copy, modify, adapt, prepare derivative works of, communicate to the public, publicly perform or display, distribute, and otherwise use or exploit.

2.3 Waiver of Moral Rights

To the extent permitted by law, you hereby waive any moral rights (including the right to be identified as the author or to object to derogatory treatment of the work) or other similar or equivalent rights related to your Assets. To the extent such waiver is ineffective, you agree not to enforce any such rights against us.

2.4 Third-Party Rights

You represent and warrant that your use of the Service does not and will not infringe any third party's intellectual property rights, including copyrights, trademarks, patents, trade secrets, moral rights, or other proprietary rights.

3. User Conduct and Prohibited Activities

3.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with this Agreement. You agree not to use the Service:

• In any way that violates any applicable national, federal, state, local, or international law or regulation
• In any manner that exploits, harms, or attempts to exploit or harm minors
• To generate or disseminate verifiably false information intended to harm others
• To generate or disseminate personally identifiable information that could be used to harm individuals
• To defame, disparage, or otherwise harass others
• For fully automated decision-making that adversely affects individuals' legal rights
• For any use that discriminates against or harms individuals or groups based on online or offline social behavior or personal characteristics
• To exploit vulnerabilities of specific populations based on age, social, physical, or mental characteristics
• To provide medical advice and medical outcome interpretation
• To generate information for judicial administration, law enforcement, immigration, or asylum procedures

3.2 Prohibited Content

You may not use the Service to communicate or provide the following materials or content:

• Defamatory, obscene, offensive, pornographic, hateful, or inflammatory
• That constitutes, encourages, or provides instruction for criminal conduct or illegal activities
• That is intentionally designed to provoke or antagonize people, including trolling and bullying
• That contains violent threats or encourages violence against any person or group
• That discriminates based on race, religion, age, gender, disability, or sexual orientation

3.3 Technical Restrictions

• Copy, decipher, modify, adapt, translate, reverse engineer, disassemble, decompile, or create derivative works based on the Service
• Modify or remove any copyright, trademark, or proprietary notices in the Service
• Distribute, license, transfer, or sell any part of the Service
• Use automated scripts or techniques to collect information from or interact with the Service
• Upload, transmit, or distribute any malware, viruses, or other harmful code
• Interfere with the normal operation of the Service or bypass security measures

4. Content Generation and AI Model Limitations

4.1 Unpredictable Behavior

Outputs generated using the platform or Service rely on computational models that may exhibit unpredictable behavior. Similar outputs may (especially if inputs are similar, but not always) be provided to different users. Therefore, we do not promise that outputs will be what you expect, or unique, nor do we promise they will be faithful to your inputs or accurately describe what you are looking for.

4.2 No Warranties

We make no representations or warranties regarding the quality, accuracy, or appropriateness of any content generated through the Service. You are solely responsible for evaluating and determining the appropriateness of using or redistributing any content generated using our Service.

5. Termination

5.1 Our Termination Rights

We reserve the right to temporarily or permanently suspend or terminate your account or impose restrictions or limitations on your access to part or all of the Service at any time for any reason or no reason, including but not limited to:

• If we believe you have violated this Agreement
• If activities occurring under your account will or may cause harm to us or other users
• In response to requests from law enforcement or other government agencies
• Due to unexpected technical or security issues
• If your account remains inactive for an extended period

5.2 Effects of Termination

Subject to any statutory rights you may have, if your account is temporarily or permanently suspended or terminated, access to your account and any related information or content associated with your account may be suspended or terminated. We do not guarantee permanent availability of your content, so you should regularly back up any content you value.

6. Disclaimers

Nothing in these terms should affect any statutory rights that you cannot contractually agree to alter or waive.

The Service is provided on an "as is" and "as available" basis with all faults, and we make no representations or warranties of any kind. In particular, we do not represent or warrant to you that:

• Your use of the Service will meet your requirements or achieve any intended results
• Your use of the Service will be uninterrupted, timely, secure, or error-free
• Any information you obtain as a result of your use of the Service will be complete, accurate, or reliable

We may change, suspend, withdraw, or restrict the availability of all or any part of the platform and/or Service at any time for business and operational reasons without notice.

7. Limitation of Liability

• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• Our maximum aggregate liability arising out of or related to your use of the Service shall be limited to the amount you paid to us in the past twelve (12) months or fifty dollars ($50), whichever is greater

8. Indemnification

You agree to defend, indemnify, and hold harmless XerpaAI, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from your use of the Service or violation of these terms.

9. Privacy and Data Protection

Our Privacy Policy governs our collection, use, and disclosure of your personal information. By using the Service, you agree to our Privacy Policy and our processing of your information as set forth therein.

10. Governing Law and Jurisdiction

This Agreement and any disputes arising out of or related to this Agreement or the Service shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles.

11. Miscellaneous

11.1 Entire Agreement

This Agreement constitutes the entire agreement between you and XerpaAI regarding the Service and supersedes any prior agreements.

11.2 Severability

If any provision of this Agreement is deemed unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

11.3 No Waiver

Our failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision.

11.4 Security

We do not guarantee that our Service will be secure or free from bugs or harmful code. You are responsible for configuring your information technology and computer programs to access our Service. You should use your own virus protection software.

11.5 Contact

If you have any questions about these terms, please contact us at contact@xerpaai.com.