10/10/2024 August

Terms Of Service

 

1. Acceptance of Terms

By accessing or using PolterAi (“Service” or “Platform”), available at polterai.com, you (“User” or “you”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to all the Terms, please do not access or use the Service.

 

2. Description of Service

PolterAi is an AI application that allows users worldwide to interact with various AI models, including but not limited to image generation, text composition, music creation, sound design, and more. Users can purchase subscriptions to access and utilize these AI functionalities.

 

3. Eligibility

You must be at least 16 years old to use the Service, or the age of digital consent in your country if it is higher. By using the Service, you represent and warrant that you meet the eligibility requirements and are fully able and competent to enter into and comply with these Terms.

 

4. Account Registration

• Account Creation: To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process.

• Account Responsibility: You are responsible for safeguarding your account information, including your password. You agree to notify us immediately of any unauthorized use of your account.

 

5. Acceptable Use Policy

You agree not to engage in any of the following prohibited activities:

• Harassment and Harmful Behavior: Harassing, abusing, or harming other users or PolterAi staff.

• Spamming: Sending unsolicited communications, including promotions or advertisements.

• Intellectual Property Infringement: Uploading, sharing, or distributing content that infringes upon third-party intellectual property rights.

• Unauthorized Access: Attempting to gain unauthorized access to the Service, other user accounts, or computer systems connected to the Service.

• Illegal Activities: Engaging in activities that violate any applicable laws or regulations.

 

6. User Content

• Responsibility for Content: You are solely responsible for all content you create, upload, or share through the Service.

• License to PolterAi: By submitting content, you grant PolterAi a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content in connection with providing the Service.

 

7. Intellectual Property Rights

• Ownership: All rights, titles, and interests in and to the Service, including any software, algorithms, content, and trademarks, are owned by PolterAi or its licensors.

• License Grant: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes, subject to these Terms.

• Restrictions: You agree not to:

  1. Commercial Exploitation: Sell, rent, lease, or sublicense the Service to any third party.

  2. Modification and Derivative Works: Modify, adapt, translate, or create derivative works based upon the Service.

  3. Reverse Engineering: Disassemble, decompile, or reverse engineer any part of the Service.

  4. Unauthorized Use: Use the Service for any unlawful purpose or in violation of any local, state, national, or international law.

 

8. Subscriptions and Payments

• Purchases

  1. Payment Methods: We accept payment through Stripe, PayPal, and other methods as available.

  2. Authorization: By providing payment information, you represent that you are authorized to use the payment method and authorize us to charge the fees.

  3. Fees and Taxes: You agree to pay all applicable fees and taxes. All fees are non-refundable unless otherwise stated or required by law.

• Subscriptions

  1. Subscription Plans: We offer various subscription plans to access premium features of the Service.

  2. Automatic Renewal: Subscriptions automatically renew at the end of each term unless canceled prior to the renewal date.

  3. Cancellation: You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellation will take effect at the end of the current billing cycle.

• Premium Features

  1. Access: Premium features provide enhanced functionalities within the Service.

  2. Changes: We may modify or discontinue premium features at any time without prior notice.

• Promotional Offers

  1. Terms: Promotional offers may have additional terms and conditions.

  2. Modification: We reserve the right to modify or terminate promotional offers at any time.

 

9. Third-Party Services

The Service may include links or integrations with third-party websites, services, or content that are not owned or controlled by PolterAi. We are not responsible for the content or practices of any third-party services.

 

10. Data Protection and Privacy

Your use of the Service is also governed by our Privacy Policy, which addresses how we collect, use, and disclose your personal information in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

• User Rights Under GDPR: As a user, you have certain rights under GDPR, including the right to access, correct, delete, or restrict the processing of your personal data.

• Data Transfers: If you are accessing the Service from outside the European Economic Area (EEA), please note that your information may be transferred to, stored, and processed in other countries where our servers are located.

• International Users: By using the Service, you consent to the transfer of your information other countries, which may have different data protection laws than your country of residence.

 

11. AI-Generated Content and Disclaimers

• AI Usage: The Service utilizes artificial intelligence (AI) models to generate content based on user inputs.

• No Guarantee of Accuracy: AI-generated content may not always be accurate, complete, or appropriate. PolterAi does not guarantee the quality or suitability of AI-generated content.

• User Responsibility: You are responsible for reviewing and verifying the AI-generated content before using it. Do not rely solely on AI-generated content for critical decisions.

• Limitation of Liability for AI Outputs: PolterAi is not liable for any losses or damages arising from the use of AI-generated content.

 

12. Disclaimers

• As-Is Basis: The Service is provided on an "as-is" and "as-available" basis without warranties of any kind.

• No Warranty: PolterAi disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

• Functionality: We do not warrant that the Service will be uninterrupted, secure, or error-free.

 

13. Limitation of Liability

To the fullest extent permitted by law, PolterAi shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses resulting from:

1. Your access to or use of or inability to access or use the Service.

2. Any conduct or content of any third party on the Service.

3. Unauthorized access, use, or alteration of your transmissions or content.

 

14. Indemnification

You agree to indemnify and hold harmless PolterAi, its affiliates, and licensors from any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from:

1. Your use of and access to the Service.

2. Your violation of any term of these Terms.

3. Your violation of any third-party rights, including intellectual property rights.

 

15. Termination

We may terminate or suspend your access to the Service immediately, without prior notice, for any reason whatsoever, including but not limited to a breach of these Terms.

• Effect of Termination: Upon termination, your right to use the Service will cease immediately.

 

16. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

• Jurisdiction: Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Sarrbruecken, Germany.

 

17. Dispute Resolution

• Informal Resolution: You agree to first attempt to resolve any disputes informally by contacting us.

• Arbitration: If a dispute cannot be resolved informally, it shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (ICC) by one or more arbitrators appointed in accordance with the said Rules. The place of arbitration shall be Sarrbruecken, Germany. The language of arbitration shall be English or German.

 

18. Changes to the Terms

We reserve the right to modify or replace these Terms at any time. We will notify you of any material changes by posting the new Terms on the Service and updating the "Effective Date."

• Continued Use: Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

 

19. Contact Information

If you have any questions about these Terms, please contact us at:

• Email: legal@polterai.com

 

20. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.

 

21. Entire Agreement

These Terms constitute the entire agreement between you and PolterAi regarding the Service and supersede any prior agreements.

 

22. Children's Privacy

• Protection of Minors: We do not knowingly collect personal information from children under 16 without parental consent. If you are under 16, please do not use the Service without parental consent.

• Parental Consent: Parents or legal guardians who believe that their child has provided us with personal information without their consent should contact us immediately.

 

23. Data Processing Agreement (DPA)

If you are a business user and require a Data Processing Agreement pursuant to Article 28 of the GDPR, please contact us to obtain our DPA.

 

24. Accessibility

We are committed to making our Terms of Service accessible to all users, including those with disabilities. If you require the Terms in an alternative format, please contact us.

 

25. AI Ethics and Compliance

• Transparency: We are committed to transparency regarding the use of AI in our services.

• Compliance with Regulations: We are monitoring developments in AI regulations, such as the forthcoming EU AI Act, and are committed to complying with all applicable laws and regulations concerning AI technology.

 

26. International Use

• Compliance with Local Laws: If you are accessing the Service from outside Germany, you are responsible for compliance with any local laws applicable to your use of the Service.