AI-Powered Assets Terms of Use

Terms of Use for AI-Powered Assets

Effective Date: January 1, 2025

PLEASE READ THIS TERMS OF USE AGREEMENT ("TERMS") CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT.

By accessing, purchasing, or using the services, custom GPTs, and software provided by AI Powered Assets ("we," "us," "our") (collectively, the "Service"), you ("you," "user") agree to be bound by these Terms. If you do not agree to all of these Terms, do not access or use the Service.

IMPORTANT: These Terms contain important disclaimers, limitations of liability, and indemnification clauses. Please review Sections 3, 8, and 9 carefully.

1. Description of Service

The Service consists of a suite of proprietary AI-powered tools, including custom GPTs, designed for specific industries and tasks. The Service is intended to provide analysis, generate content, and assist with professional workflows.

2. User Accounts and Responsibilities

To access the Service, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to use the Service only for lawful purposes and in accordance with these Terms.

3. Third-Party Dependency and Service Availability

3.1. Acknowledgment of Third-Party Reliance. YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT THE SERVICE IS BUILT UPON AND IS FUNDAMENTALLY DEPENDENT ON THE SERVICES, APIs, AND INFRASTRUCTURE OF THIRD-PARTY PROVIDERS, INCLUDING A PRIMARY THIRD-PARTY AI PROVIDER (THE "THIRD-PARTY AI PROVIDER"). OUR ABILITY TO DELIVER THE SERVICE IS DIRECTLY CONTINGENT UPON THE CONTINUED OPERATION AND AVAILABILITY OF THESE THIRD-PARTY SERVICES.

3.2. No Guarantee of Uninterrupted Access. While we strive to provide a reliable and available Service, we cannot and DO NOT GUARANTEE 100% UPTIME or continuous, uninterrupted, or error-free access to the Service.

3.3. Disclaimer for Service Interruptions. You acknowledge that access to the Service, including all custom GPTs and AI-powered assets, may be interrupted, suspended, delayed, or terminated at any time, with or without notice, due to issues beyond our direct control. Such issues include, but are not limited to:

Failures, outages, or maintenance of the Third-Party AI Provider's systems or infrastructure.

Changes to the Third-Party AI Provider's terms, services, or API that impact our Service.

Network intrusions, denial of service attacks, or other security events affecting us or the Third-Party AI Provider.

Any other force majeure event.

3.4. No Liability for Downtime. AI Powered Assets SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, BUSINESS INTERRUPTIONS, LOSS OF DATA, OR HARM OF ANY KIND, WHETHER DIRECT OR INDIRECT, RESULTING FROM ANY INTERRUPTION, SUSPENSION, OR UNAVAILABILITY OF THE SERVICE, REGARDLESS OF THE CAUSE. Your sole remedy for any dissatisfaction related to service availability is to stop using the Service.

4. Intellectual Property Rights

4.1. Our Intellectual Property. We own all rights, title, and interest in and to the Service, including the user interface, branding, underlying prompts, and all software and technology used to provide it.

4.2. Your Content. You retain all ownership rights to the information and data you input into the Service ("Input"). Subject to your compliance with these Terms, we grant you full ownership and commercial rights to the output generated by the Service based on your Input ("Generated Content"). You are solely responsible for ensuring that your Input and use of the Generated Content do not violate any laws or infringe on any third-party rights.

5. Fees, Payment, and Subscriptions

If you subscribe to a paid tier of the Service, you agree to pay all applicable fees. Subscriptions will automatically renew at the end of each billing cycle unless canceled by you. All fees are non-refundable except as required by law.

6. Acceptable Use Policy

You agree not to use the Service to:

Generate content that is illegal, harmful, hateful, or violates the rights of others. Attempt to reverse-engineer, decompile, or discover the underlying source code or prompts of the Service. Engage in any activity that could disable, overburden, or impair the functioning of the Service or its underlying third-party infrastructure.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

YOU ACKNOWLEDGE THAT THE GENERATED CONTENT IS PRODUCED BY AN AI AND MAY CONTAIN INACCURACIES, ERRORS, OR OMISSIONS. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, VERIFYING, AND VALIDATING ALL GENERATED CONTENT FOR ACCURACY AND APPROPRIATENESS BEFORE USE. DO NOT RELY ON THE GENERATED CONTENT AS SOLELY ACCURATE FINANCIAL, LEGAL, OR PROFESSIONAL ADVICE.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AI Powered Assets, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS; (C) ANY INTERRUPTION OR CESSATION OF THE SERVICE AS DESCRIBED IN SECTION 3.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AI Powered Assets EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX (1) MONTH(S) FOR THE SERVICE GIVING RISE TO THE CLAIM.

9. Indemnification

You agree to defend, indemnify, and hold harmless AI Powered Assets and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service, including any data or content transmitted or received by you, or your violation of any term of these Terms.

10. Modifications to the Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the new Terms on our website or through other communication channels. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

11. Governing Law

These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles.

12. Contact Information

If you have any questions about these Terms, please contact us at [email protected].