Last Updated: 11 Jun 2022
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a paid
Subscription. You will be billed in advance on a recurring and periodic
basis (such as daily, weekly, monthly or annually), depending on the type
of Subscription plan you select when purchasing the Subscription. At the
end of each period, Your Subscription will automatically renew under the
exact same conditions unless You cancel it or the Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account
settings page or by contacting the Company. You will not receive a refund
for the fees You already paid for Your current Subscription period and You
will be able to access the Service until the end of Your current
Subscription period.
Billing
You shall provide the Company with accurate and complete billing
information including full name, address, state, zip code, telephone
number, and a valid payment method information. Should automatic billing
fail to occur for any reason, the Company will issue an electronic invoice
indicating that you must proceed manually, within a certain deadline date,
with the full payment corresponding to the billing period as indicated on
the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify the
Subscription fees. Any Subscription fee change will become effective at
the end of the then-current Subscription period. The Company will provide
You with reasonable prior notice of any change in Subscription fees to
give You an opportunity to terminate Your Subscription before such change
becomes effective. Your continued use of the Service after the
Subscription fee change comes into effect constitutes Your agreement to
pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company
on a case-by-case basis and granted at the sole discretion of the Company.
Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free
Trial for a limited period of time. You may be required to enter Your
billing information in order to sign up for the Free Trial. If You do
enter Your billing information when signing up for a Free Trial, You will
not be charged by the Company until the Free Trial has expired. On the
last day of the Free Trial period, unless You cancelled Your Subscription,
You will be automatically charged the applicable Subscription fees for the
type of Subscription You have selected. At any time and without notice,
the Company reserves the right to (i) modify the terms and conditions of
the Free Trial offer, or (ii) cancel such Free Trial offer.
Promotions
Any Promotions made available through the Service may be governed by rules
that are separate from these Terms. If You participate in any Promotions,
please review the applicable rules as well as our Privacy policy. If the
rules for a Promotion conflict with these Terms, the Promotion rules will
apply.
User Accounts
When You create an account with Us, You must provide Us information that
is accurate, complete, and current at all times. Failure to do so
constitutes a breach of the Terms, which may result in immediate
termination of Your account on Our Service. You are responsible for
safeguarding the password that You use to access the Service and for any
activities or actions under Your password, whether Your password is with
Our Service or a Third-Party Social Media Service. You agree not to
disclose Your password to any third party. 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, or a name that is otherwise offensive,
vulgar or obscene.
Content
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
AI Generated Content
You will be interacting with an artificial intelligence (AI) system. This
system is based on artificial intelligence and is designed to provide you
with information or recommendations. The system is not perfect and may
make mistakes. Please use your own judgement and consult with a human
expert if you have any doubts. The system is also limited in its
understanding of natural language. It may not be able to understand all
the nuances of what you say or write. If you have any concerns, please let
us know.
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the
Content that You post to the Service, including its legality, reliability,
and appropriateness. You retain any and all of Your rights to any Content
You submit, post or display on or through the Service and You are
responsible for protecting those rights. You represent and warrant that:
(i) the Content is Yours (You own it) or You have the right to use it, and
(ii) the posting of Your Content on or through the Service does not
violate the privacy rights, publicity rights, copyrights, contract rights
or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service's users. You
expressly understand and agree that You are solely responsible for the
Content and for all activity that occurs under your account, whether done
so by You or any third person using Your account. You may not transmit any
Content that is unlawful, offensive, upsetting, intended to disgust,
threatening, libelous, defamatory, obscene or otherwise objectionable.
Examples of such objectionable Content include, but are not limited to,
the following:
- Unlawful or promoting unlawful activity.
-
Defamatory, discriminatory, or mean-spirited content, including
references or commentary about religion, race, sexual orientation,
gender, national/ethnic origin, or other targeted groups.
-
Spam, machine – or randomly – generated, constituting unauthorized or
unsolicited advertising, chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling.
-
Containing or installing any viruses, worms, malware, trojan horses, or
other content that is designed or intended to disrupt, damage, or limit
the functioning of any software, hardware or telecommunications
equipment or to damage or obtain unauthorized access to any data or
other information of a third person.
-
Infringing on any proprietary rights of any party, including patent,
trademark, trade secret, copyright, right of publicity or other rights.
-
Impersonating any person or entity including the Company and its
employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole
discretion, determine whether or not any Content is appropriate and
complies with these Terms, refuse or remove this Content. The Company
further reserves the right to make formatting and edits and change the
manner of any Content. The Company can also limit or revoke the use of the
Service if You post such objectionable Content. As the Company cannot
control all content posted by users and/or third parties on the Service,
you agree to use the Service at your own risk. You understand that by
using the Service You may be exposed to content that You may find
offensive, indecent, incorrect or objectionable, and You agree that under
no circumstances will the Company be liable in any way for any content,
including any errors or omissions in any content, or any loss or damage of
any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, the Company does not
guarantee there will be no loss or corruption of data. Corrupt or invalid
backup points may be caused by, without limitation, Content that is
corrupted prior to being backed up or that changes during the time a
backup is performed. The Company will provide support and attempt to
troubleshoot any known or discovered issues that may affect the backups of
Content. But You acknowledge that the Company has no liability related to
the integrity of Content or the failure to successfully restore Content to
a usable state. You agree to maintain a complete and accurate copy of any
Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to
respond to any claim that Content posted on the Service infringes a
copyright or other intellectual property infringement of any person. 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 that is taking place through the Service, You must
submit Your notice in writing to the attention of our copyright agent via
email at contact@eilla..ai and include in Your notice a detailed
description of the alleged infringement. You may be held accountable for
damages (including costs and attorneys' fees) for misrepresenting that any
Content is infringing Your copyright.
DMCA Notice and DMCA 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.
You can contact our copyright agent via email at contact@eilla..ai. Upon
receipt of a notification, the Company will take whatever action, in its
sole discretion, it deems appropriate, including removal of the challenged
content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or
other users), features and functionality are and will remain the exclusive
property of the Company and its licensors. The Service is protected by
copyright, trademark, and other laws of both the Country and foreign
countries. Our trademarks and trade dress may not be used in connection
with any product or service without the prior written consent of the
Company.
Links to Other Websites
Our Service may contain links to third-party web sites or services that
are not owned or controlled by the Company. The Company has no control
over, and assumes no responsibility for, the content, privacy policies, or
practices of any third party web sites or services. You further
acknowledge and agree that the Company 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 web sites or
services. We strongly advise You to read the terms and conditions and
privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice
or liability, for any reason whatsoever, including without limitation if
You breach these Terms and Conditions. Upon termination, Your right to use
the Service will cease immediately. If You wish to terminate Your Account,
You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of
the Company and any of its suppliers under any provision of this Terms and
Your exclusive remedy for all of the foregoing shall be limited to the
amount actually paid by You through the Service or 100 USD if You haven't
purchased anything through the Service. To the maximum extent permitted by
applicable law, in no event shall the Company or its suppliers be liable
for any special, incidental, indirect, or consequential damages whatsoever
(including, but not limited to, damages for loss of profits, loss of data
or other information, for business interruption, for personal injury, loss
of privacy arising out of or in any way related to the use of or inability
to use the Service, third-party software and/or third-party hardware used
with the Service, or otherwise in connection with any provision of this
Terms), even if the Company or any supplier has been advised of the
possibility of such damages and even if the remedy fails of its essential
purpose. Some states do not allow the exclusion of implied warranties or
limitation of liability for incidental or consequential damages, which
means that some of the above limitations may not apply. In these states,
each party's liability will be limited to the greatest extent permitted by
law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all
faults and defects without warranty of any kind. To the maximum extent
permitted under applicable law, the Company, on its own behalf and on
behalf of its Affiliates and its and their respective licensors and
service providers, expressly disclaims all warranties, whether express,
implied, statutory or otherwise, with respect to the Service, including
all implied warranties of merchantability, fitness for a particular
purpose, title and non-infringement, and warranties that may arise out of
course of dealing, course of performance, usage or trade practice. Without
limitation to the foregoing, the Company provides no warranty or
undertaking, and makes no representation of any kind that the Service will
meet Your requirements, achieve any intended results, be compatible or
work with any other software, applications, systems or services, operate
without interruption, meet any performance or reliability standards or be
error free or that any errors or defects can or will be corrected. Without
limiting the foregoing, neither the Company nor any of the company's
provider makes any representation or warranty of any kind, express or
implied: (i) as to the operation or availability of the Service, or the
information, content, and materials or products included thereon; (ii)
that the Service will be uninterrupted or error-free; (iii) as to the
accuracy, reliability, or currency of any information or content provided
through the Service; or (iv) that the Service, its servers, the content,
or e-mails sent from or on behalf of the Company are free of viruses,
scripts, trojan horses, worms, malware, timebombs or other harmful
components. Some jurisdictions do not allow the exclusion of certain types
of warranties or limitations on applicable statutory rights of a consumer,
so some or all of the above exclusions and limitations may not apply to
You. But in such a case the exclusions and limitations set forth in this
section shall be applied to the greatest extent enforceable under
applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall
govern this Terms and Your use of the Service. Your use of the Application
may also be subject to other local, state, national, or international
laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first
try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory
provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a
"Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that
is subject to the United States government embargo, or that has been
designated by the United States government as a "terrorist supporting"
country, and (ii) You are not listed on any United States government list
of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid,
such provision will be changed and interpreted to accomplish the
objectives of such provision to the greatest extent possible under
applicable law and the remaining provisions will continue in full force
and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require
performance of an obligation under these Terms shall not effect a party's
ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute a waiver of any
subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them
available to You on our Service. You agree that the original English text
shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these
Terms at any time. If a revision is material We will make reasonable
efforts to provide at least 30 days' notice prior to any new terms taking
effect. What constitutes a material change will be determined at Our sole
discretion. By continuing to access or use Our Service after those
revisions become effective, You agree to be bound by the revised terms. If
You do not agree to the new terms, in whole or in part, please stop using
the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can
contact us: By email: contact@eilla.ai