Terms & Conditions
Effective Date: February 1, 2024
Thank you for using ‘EigenThink AI’.
This usage agreement governs your use of 'Vakil Sahab AI' app at 'app.vakilsahab.ai' and other associated services, software, and websites provided by EigenThink AI L.L.C. (collectively referred to as "Services`"). By utilizing any of the Services, you agree to be bound by the terms set forth herein. This agreement constitutes a binding contract between you, the end user, and EigenThink AI L.L.C, a California limited liability company.
The agreement includes important conditions with regards to: Permitted usage of the Services Ownership and intellectual property rights Dispute resolution through binding arbitration Governing law and jurisdiction
Please review all provisions carefully. Use of any Services constitutes acceptance of this usage agreement as a whole.
Who we are
EigenThink AI LLC, is dedicated to artificial intelligence research and product development. Our mission is to make AI technology more usable and accessible for the benefit of society.
Registration and Access
Minimum Age and Jurisdiction: Access and use of the Services are granted only to individuals who are at least thirteen (13) years of age.
Parental Consent for Minors: If you are under the age of eighteen (18), you must have the express permission of your parent or legal guardian to access and use the Services. Such permission constitutes their agreement to be bound by these Terms of Use on your behalf and their acceptance of full responsibility for all of your activities within the Services.
Verification of Age: We reserve the right to request reasonable documentation to verify your age and/or parental consent at any time. Failure to provide such documentation upon request may result in the suspension or termination of your account.
Consequences of Misrepresentation: You acknowledge and agree that any misrepresentation of your age or failure to obtain parental consent where required constitutes a material breach of these Terms of Use and may result in the immediate termination of your account and access to the Services.
Indemnification: If you are under the age of eighteen (18) and use the Services without parental consent, you and your parent or legal guardian agree to indemnify and hold harmless [Company Name] from any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services.
Use of Service
Permitted usage. By using our Services, and subject to your compliance with these Terms, you may access and utilize our Services. When accessing or using our Services, you must obey all applicable laws and adhere to our Content Distribution & Publication Policy, Usage Policies, as well as any other rules, instructions, or policies provided.
Prohibited Activities. You may not use our Services for any unlawful, harmful, or abusive purpose. Specifically prohibited activities include, without limitation:
nfringing, misappropriating or violating any third party's intellectual property rights or other proprietary rights. Modifying, copying, sublicensing, selling or distributing any part of our Services, except as expressly authorized. Reverse engineering, decompiling or attempting to discover the source code or underlying structure of our Services, including our models, algorithms and systems, except as expressly permitted by applicable law. Automatically or systematically extracting data or content from our Services.
Falsely representing that any content generated by our Services was created by a human. Interfering with the integrity or performance of our Services, including circumventing any access controls, usage limits or other security measures.
Using any content generated by our Services to build competing products or services. Please note this list is not exhaustive. We reserve the right to terminate access to our Services for any actual or suspected improper use.
Software. You may download software, including mobile applications, through our Services. These applications may automatically update to provide you with the most recent version. The software we provide may contain open-source software governed by open-source licenses.
Corporate Email Accounts. If you sign up with an email address provided by your employer or other organization, that account may be transferred to the organization's business account with us. We will notify you if this happens so you can assist in transferring your account, unless your organization has already told you they may monitor and control your account. Once transferred, the administrator of your organization's account can control your account. This includes accessing your content and messages, as well as restricting or removing your access.
Third Party Services. Our services may incorporate third party software, products, or services ("Third Party Services"). Features of our services may display or include data or other output generated by Third Party Services ("Third Party Output"). We do not own or control Third Party Services or Third-Party Output. Their use and availability is subject to the terms and privacy policies imposed by the applicable third party providers. We do not endorse or make any representations or warranties regarding Third Party Services or Third-Party Output. Use of Third-Party Services and reliance on Third Party Output is at your own risk. We have no responsibility or liability related to Third Party Services or Third-Party Output.
User Feedback. We welcome any feedback you choose to provide about our services. By submitting feedback, you grant us unrestricted permission to use it, without any reward or compensation to you.
Content
User Content. You may provide input ("User Content") to the Services. The Services may generate output ("Service Content") using your User Content. You retain ownership of your User Content, but grant us a license to use, copy, modify, distribute and create derivative works from your User Content solely to provide the Services. You represent that you have the necessary rights to grant this license. You are responsible for ensuring your User Content complies with applicable laws and these Terms. We take no responsibility for Service Content created using your User Content or for any violation of law arising out of User Content provided by you.
Content Ownership. You retain ownership of any content you provide as Input. To the extent permitted by law, any content generated by the service as Output is owned by you. We assign any potential interests we may have in the Output to you.
Similarity of Content. Users acknowledge that the outputs generated by our Services often cannot be completely unique due to the nature of artificial intelligence technology. It is possible that other users may receive similar or even identical outputs. We do not claim exclusive rights over the actual content and ideas in the outputs. Rights to specific outputs only extend to the user who requested them, and do not restrict other users or third parties from creating similar content independently.
Our use of content. We may use the information and content you provide to us to run, develop, and improve our services. We may also use it to follow the law, enforce our policies, and ensure security.
User Content Preferences (Opt Out). We use certain user-generated content to improve our services. If you prefer us not to use your content for that purpose, you may opt out by contacting us here. Opting out may affect our ability to customize the service for your usage but will not otherwise limit your use of the service.
Accuracy. Artificial intelligence systems have inherent limitations and probabilities of imperfect output. We continually update our services to enhance accuracy, reliability, safety and benefit. However, machine learning output depends on the quality and representativeness of the data, and may not always precisely reflect facts about people, places or events. When using our services, you acknowledge:
Output should not be the sole basis for decisions with legal, medical, employment, credit or similarly significant impacts. Appropriate human review is essential.
You must evaluate output to confirm it is sufficiently accurate and appropriate before broader use or sharing. References to third party products or services do not indicate third party endorsements or affiliations. While we aim for accuracy, we cannot guarantee output will always be complete, correct and inoffensive. Output represents the services, not the views of EigenThink AI L.L.C.
Our liability is limited to the fees paid for the specific service. We are not liable for reliance on output for regulated decisions or similarly significant impacts.
Intellectual Property
We and our affiliates retain all intellectual property rights, including copyrights, trademarks, patents, trade secrets, and any other proprietary rights, in the Services. You may not use our name, logo, or other trademarks except as expressly permitted by EigenThink AI.
Subscriptions
Billing. When you purchase a paid subscription, you agree to provide accurate billing details, including a valid payment method, to be automatically charged at the agreed upon interval until you cancel. Applicable taxes will be added when required by law. If payment cannot be successfully processed, your access may be downgraded or suspended until updated payment information is provided.
Cancellation. A subscriber may terminate or cancel the paid subscription service at any time. Unless prohibited by applicable law, payments made by Subscriber prior to cancellation are non-refundable.
Price Changes. We reserve the right to change our subscription prices from time to time. In the event we increase prices for an existing subscription plan, we will provide subscribers with advance notice of at least 30 days prior to the increased price taking effect. The price increase will become effective at the start of the next subscription renewal period following the date the notice is provided. Subscribers will have the opportunity to cancel their subscription at no cost if they do not agree to the higher renewal price.
Service Termination and Suspension
Termination. Either party may terminate this agreement at any time by providing 30 days written notice. We reserve the right to immediately suspend or terminate your access to the Services if we reasonably believe:
You have materially breached these Terms or our Usage
Policies; Suspension or termination is necessary for us to comply with applicable laws;
Your use of the Services could lead to potential legal liability or harm to us, other users, or third parties.
Activity. We may also terminate free accounts that have been inactive for over 12 consecutive months. In such event, we will provide advance notice and an opportunity to access and export reasonable amounts of your content from our systems.
Dispute Resolution. If you believe your account has been improperly suspended or terminated, please contact our Support team. We will consider all good faith appeals and escalate to our internal review board if we reasonably deem appropriate.
Termination of Services. We reserve the right to terminate any or all Services at any time. If we discontinue or terminate any paid Service that Customer has prepaid but not yet used, then we will provide reasonable advance notice of such termination but no refund to Customer will be paid for any prepaid fees for the terminated Services.
Disclaimer of Warranties
OUR SERVICES ARE PROVIDED ON AN "AS IS" BASIS. EXCEPT WHERE PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES OF ANY KIND IN RELATION TO THE SERVICES. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. WHILE WE AIM FOR OUR SERVICES TO BE AVAILABLE, ACCURATE AND SECURE, WE CANNOT GUARANTEE THEY WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT CONTENT WILL NOT BE LOST OR ALTERED.
YOU ACCEPT THE RISK OF RELYING SOLELY ON THE OUTPUT OF OUR SERVICES AS AN ABSOLUTE SOURCE OF FACTS OR ADVICE. WE ENCOURAGE SUPPLEMENTING THE SERVICES' OUTPUT WITH OTHER PROFESSIONAL OPINIONS BEFORE MAKING IMPORTANT DECISIONS.
Limitation of Liability
WE STRIVE TO PROVIDE EXCELLENT SERVICE, BUT THERE ARE CERTAIN LIMITATIONS. OUR AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (1) THE AMOUNTS YOU PAID IN THE PAST 12 MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM, OR (2) $100. WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES, LOSS OF USE, LOST DATA, OR OTHER LOSSES ARISING FROM INTERRUPTED COMMUNICATIONS, SYSTEM OR NETWORK FAILURE, COMPUTER ERROR OR VIRUSES, LOSS OF PRIVACY OR CONFIDENTIAL DATA/INFORMATION, OR OTHERWISE RELATED TO YOUR USE OF OUR SERVICE - EVEN IF WE WERE AWARE OF THE POSSIBILITY.
Some places do not allow limiting certain damages, so some of these limitations may not apply to you. In that case, we limit our liability only to the maximum extent permitted in your jurisdiction.
Indemnity
If you are a business or organization, you agree, to the extent permitted by law, to indemnify, defend and hold harmless us, our affiliates, and our personnel from and against any third party claims, losses, damages, judgments, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Services or Content, (b) your violation of these Terms, or (c) your violation of any rights of another. We will provide you with written notice of any such claim, suit or action. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification and you agree to cooperate with us upon our request. This indemnity shall survive the termination of these Terms.
Dispute Resolution
YOU AND EIGENTHINK AI AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
Mandatory Arbitration. If a dispute arises related to these Terms or our Services, you agree to try first to resolve it informally through discussion and negotiation. If you are unable to resolve the dispute within 30 days, you or we may initiate binding arbitration before a neutral third-party arbitrator. The decision of the arbitrator shall be final and binding. You have the right to opt out of this arbitration provision within 30 days of agreeing to these terms or within 30 days of any changes to this clause taking effect, by filling out an Opt Out Form. If you opt out of an updated arbitration clause, the previous agreed upon terms will remain in effect.
Informal Dispute Resolution. Both parties agree to make a good faith attempt to informally resolve any dispute before initiating formal proceedings. Either party may send written notice to the other party, outlining their concerns. The parties agree to personally meet and confer, either remotely or in-person, within 30 days of such notice in an effort to reach an informal resolution. If the parties cannot resolve the dispute within 60 days after the initial notice, either party may submit the dispute to mediation or arbitration. The parties agree that any applicable statute of limitations or filing deadline will be tolled during the informal resolution process, not to exceed 120 days from the date of the initial notice. Participation in this process does not preclude either party from ultimately seeking formal legal recourse if an informal resolution is not reached. Any communications or offers made during this informal process will be considered confidential settlement discussions not admissible in any formal proceedings.
Arbitration Forum. If we cannot resolve a dispute, either party may initiate private and confidential arbitration before an experienced neutral arbitrator. The process will comply with applicable rules and standards of integrity, fairness and privacy. Reasonable costs of arbitration shall be shared between the parties unless the arbitrator determines a claim or defense lacks good faith basis, in which rare case the responsible party shall bear all costs. Our relationship involves interstate commerce, so the Federal Arbitration Act governs interpretation and enforceability of this agreement. Above all we aim to handle any disagreements collaboratively and in good faith.
Arbitration Procedures. Any dispute arising out of or relating to this agreement will be resolved through binding arbitration. The arbitration will be conducted via videoconference unless the arbitrator determines an in-person hearing is necessary. In that case, the hearing location will be mutually agreed upon in the county where you reside or as determined by the arbitrator. The arbitration will be conducted before a single arbitrator who is either a retired judge or an attorney licensed to practice law in State of California. The arbitrator has exclusive authority to resolve any dispute, with the following exceptions: any dispute regarding enforceability or validity of the class action waiver, requests for public injunctive relief, or other matters expressly reserved for the state or federal courts in California. Settlement offers will not be disclosed to the arbitrator until after a final award is determined. The arbitrator has authority to grant dispositive motions related to all or part of any dispute.
Exceptions. The requirements for informal dispute resolution and arbitration described herein do not apply to the following types of claims: (i) individual claims brought in a small claims court within its jurisdictional limits; and (ii) requests for injunctive relief or other equitable remedies to halt unauthorized use or abuse of the Services or to halt intellectual property rights infringement or misappropriation.
Class and Jury Trial Waivers. Any disputes must be brought by individuals only, not as part of a class action or other representative proceeding. Class arbitrations, class actions, and representative actions are not allowed. Only individual relief is permitted.
If there is a request for public injunctive relief, the parties agree to complete arbitration on the underlying claim first, then litigate the request for public injunctive relief separately in court. This does not restrict either party's ability to participate in a class-wide settlement. Jury Trial Waiver. Both parties knowingly and irrevocably waive any right to a jury trial for any lawsuit, proceeding, or counterclaim between them.
Group Arbitration. If 25 or more people represented by the same lawyer or similar lawyers file arbitration claims within 90 days that involve very similar issues, you and EigenThink AI agree that the arbitration company (NAM) can handle them in groups of up to 50 people per group. Each group will be handled through a single arbitration with one arbitrator instead of separate arbitrations. There will be one set of fees and one hearing for each group, held online or wherever the arbitrator decides. If a court finds that handling a particular person's claim or group together is invalid or not enforceable, then that claim or group will be handled through an individual, separate arbitration proceeding.
Severability. In the event that any provision of these arbitration terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remainder shall still be valid and enforced to the fullest extent permitted by law, with the exception that if a court finds that invalidating part of these terms would allow claimants to bring class arbitrations, class actions, or representative actions when they would otherwise be prohibited, then these arbitration terms shall be unenforceable in their totality.
Copyright Claims
If you believe your intellectual property rights have been violated, please notify us at the below address or complete the attached form. We may remove or disable access to content that we believe infringes these Terms or violates intellectual property rights. We may also terminate repeat infringers’ accounts where appropriate.
EigenThink AI LLC, 2372 Morse Ave, Irvine, CA 92614
Attention: General Counsel / Copyright Agent
Written copyright infringement claims must include:
Signature of the copyright holder or authorized representative.
Description of the infringed work.
Location of infringing material on our site.
Your contact information (address, phone number, email address);
Statement that you have a good faith belief that the disputed use is not authorized by the copyright holder, its agent, or the law; and
Statement that the information in the notice is accurate and provided under penalty of perjury that you are the copyright holder or authorized to act on their behalf.
General Terms
Transfer of Rights. You may not transfer or assign any rights or obligations under these Terms without our prior written consent. Any attempted transfer or assignment without consent will not be valid or binding. We reserve the right to transfer or assign our rights or obligations under these Terms to an affiliated company or in connection with a corporate sale, merger, reorganization, or other change in control. Your rights under these Terms will not be adversely affected by any such transfer or assignment.
Modifications. We may modify these Terms or our Services from time to time. We will notify you of materially adverse changes that negatively impact your rights at least 30 days in advance. Other changes become effective when posted on our website.
Reasons we may modify these Terms, or our Services include:
Legal or regulatory requirements
Security, privacy or safety issues
Matters beyond our reasonable control.
Regular improvements and updates
New technologies or features
If you continue using our Services after changes become effective, you accept the updated Terms. If you do not agree to the updates, you must stop using our Services.
No Waiver. If we do not enforce any right or term under these Terms, that does not mean we waive our right to enforce it later. Except as stated in the dispute resolution section above, if any part of these Terms is found invalid or unenforceable, we will still enforce that part to the fullest extent permitted by law. The invalidity or unenforceability of any part of these Terms does not affect the validity or enforceability of any other parts.
Compliance with Trade Laws. You must follow all relevant trade laws, including sanctions and export regulations. Our Services cannot be used in or to benefit countries or territories subject to U.S. sanctions, or by individuals or groups that trade laws prohibit dealing with. Our Services also cannot be used for purposes that trade laws prohibit. When submitting information to our Services, you cannot include content that would require a government license to export or share publicly.
Entire Agreement. This agreement, including these Terms and any Service-specific terms, constitutes the sole and entire agreement between you and EigenThink AI L.L.C., regarding the Services. This agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, between the parties with respect to the Services.
Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws principles. Any legal action arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in San Francisco, California. The parties hereby submit to personal jurisdiction of and venue in such courts.